AMENDMENTS 1 - 376 · AM\1133562EN.docx PE609.631v01-00 EN United in diversity EN European Parliament 2014-2019 Committee of Inquiry to investigate alleged contraventions and maladministration

$Page 1: AMENDMENTS 1 - 376 · AM\1133562EN.docx PE609.631v01-00 EN United in diversity EN European Parliament 2014-2019 Committee of Inquiry to investigate alleged contraventions and maladministration$
AM\1133562EN.docx PE609.631v01-00

EN United in diversity EN

European Parliament2014-2019

Committee of Inquiry to investigate alleged contraventions and maladministration in theapplication of Union law in relation to money laundering, tax avoidance and tax evasion

2016/3044(RSP)

7.9.2017

AMENDMENTS1 - 376

Draft motion for a resolutionPetr Ježek, Jeppe Kofod(PE604.515v01-00)

Draft recommendations following the inquiry on Money Laundering, TaxAvoidance and Tax Evasion(2016/3044(RSP))

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AM_Com_NonLegRE

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Amendment 1Molly Scott Cato, Eva Joly, Sven Giegold, Pascal Durand, Ernest Urtasun, HeidiHautala, Michel Reimon, Jordi Soléon behalf of the Verts/ALE Group

Draft motion for a resolutionCitation 1 a (new)

Draft motion for a resolution Amendment

- having regard to Article 116 of theTreaty on the Functioning of theEuropean Union (TFEU),

Or. en

Amendment 2Beatrix von Storch



- The European Parliament rejectsthe proposal.

Or. en




- having regard to the EuropeanParliament reports of the SpecialCommittees TAXE1 and TAXE2 on “Taxrulings and other measures similar in

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nature or effect”

Or. en


Draft motion for a resolutionCitation 3 b (new)


- having regard to the EuropeanParliament report on “Bringingtransparency, coordination andconvergence to corporate tax policies inthe Union”

Or. en


Draft motion for a resolutionCitation 3 c (new)


- having regard to the EuropeanCommission report on the assessment ofthe risks of money laundering andterrorist financing affecting the internalmarket and relating to cross-borderactivities 1a;

_________________1a COM(2017) 340, 26 June 2017

Or. en

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Draft motion for a resolutionCitation 3 d (new)


- having regard to the EU FIUPlatform mapping exercise and gapanalysis on EU FIUs’ powers andobstacles for obtaining and exchanginginformation, 15 December 2016,

Or. en

Amendment 7Petras Auštrevičius



- having regard to the EuropeanParliaments recommendation to theCouncil of 2 April 2014 on establishingcommon visa restrictions for Russianofficials involved in the Sergei Magnitskycase.

Or. en

Amendment 8Hugues Bayet, Emmanuel Maurel, Marju Lauristin, Elly Schlein, Sergio GaetanoCofferati, Tibor Szanyi, Ana Gomes, Evelyn Regner, Peter Simon

Draft motion for a resolutionParagraph 1

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1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU to properly implementand reinforce its legal tools to trade secrecyfor transparency, counter moneylaundering and ensure more fairness intaxation;

1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU to properly implementand reinforce its legal tools to trade secrecyfor transparency, counter moneylaundering and ensure more fairness intaxation; stresses that tax avoidancerepresents astronomical amounts lostevery year by Member States whichshould be used to invest in the realeconomy through projects dedicated tocitizens or to the construction ofinfrastructures such as hospitals, schools,roads,...

Or. en

Amendment 9Thierry Cornillet, Nils Torvalds, Enrique Calvet Chambon, Petras Auštrevičius, RamonTremosa i Balcells, Lieve Wierinck




1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU to properly implementand reinforce its legal tools to trade secrecyfor transparency, counter moneylaundering and for Member States tosimplify their tax systems, in order toensure more fairness in taxation;

Or. en

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1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU to properly implementand reinforce its legal tools to trade secrecyfor public transparency and mutualcooperation and exchange of information,counter money laundering and ensure morefairness in taxation;

Or. en

Amendment 11Louis Michel




1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU to properly implementand reinforce its legal tools to trade secrecyfor transparency, counter moneylaundering and ensure more fairness intaxation, in order to establish soundeconomic development;

Or. fr

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Amendment 12Thomas Mann




1. Notes with concern that the PanamaPapers have shaken citizens' trust and thatof small and medium-sized enterprises(SMEs) in our financial and tax system;recalls how crucial it is to restore publicconfidence and ensure tax and socialjustice; calls to this end on the EU toproperly implement and reinforce its legaltools to trade secrecy for transparency,counter money laundering and ensure morefairness in taxation;

Or. de

Amendment 13Marco Zanni, Mario Borghezio



1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU to properly implementand reinforce its legal tools to tradesecrecy for transparency, counter moneylaundering and ensure more fairness intaxation;

1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; stressesthe need to considerably increasetransparency, counter money launderingand ensure more fairness in taxation;

Or. it

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Amendment 14Luděk Niedermayer, Dariusz Rosati, Nuno Melo




1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure fair and transparent taxsystems; calls to this end on the EU toproperly implement and reinforce its legaltools to shift from secrecy to transparency,counter money laundering and ensure morefairness in taxation;

Or. en

Amendment 15Barbara Kappel




1. Notes with concern that the PanamaPapers have raised concerns regardingcurrent financial and tax systems; recallshow crucial it is to restore publicconfidence and ensure tax and socialjustice; calls to this end on the EU toproperly implement and reinforce its legaltools to trade secrecy for transparency,counter money laundering and ensure morefairness in taxation;

Or. en

Amendment 16Werner Langen, Sven Schulze

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1. Notes with concern that the PanamaPapers have further shaken citizens' trustin our financial and tax system; recalls howimportant it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU and its Member Statesto properly implement its legal tools totrade secrecy for transparency, countermoney laundering more effectively andensure more fairness in taxation;

Or. de

Amendment 17Romana Tomc




1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax justice and transparency;calls to this end on the EU to properlyimplement and reinforce its legal tools totrade secrecy for transparency, countermoney laundering and ensure more fairnessin taxation;

Or. sl

Amendment 18Dariusz Rosati

Draft motion for a resolution

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Paragraph 1



1. Notes with concern that the PanamaPapers have shaken citizens' trust in ourfinancial and tax system; recalls howcrucial it is to restore public confidenceand ensure tax and social justice; calls tothis end on the EU to properly implementand reinforce its legal tools to trade secrecyfor transparency, counter moneylaundering and support more fairness intaxation;

Or. en

Amendment 19Hugues Bayet, Emmanuel Maurel, Elly Schlein, Sergio Gaetano Cofferati, Tibor Szanyi,Ana Gomes, Evelyn Regner, Peter Simon

Draft motion for a resolutionParagraph 1 a (new)


1 a. Emphasizes the urgent need toredefine the European taxation model inorder to limit unfair competition betweenMember States

Or. en




2. Deplores the number of cases ofmaladministration regarding theimplementation of EU legislation; urgesboth the Commission and the Member

2. Deplores the number of cases ofmaladministration regarding theimplementation of EU legislation; urgesboth the Commission and the Member

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States to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance moreefficiently and ensure that wrongdoers areheld accountable;

States to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement notonly to prevent and fight more effectivelyillegal practices such as money launderingand tax fraud but also to prevent andcombat legal schemes such as tax evasion,tax avoidance, tax optimisation andpotentially aggressive tax planning, whichare contrary to the spirit of the law in thatthey deprive the State of tax revenue;recalls the principle of predictability ofcharges being brought, whichpresupposes a clear definition of newforms of behaviour which are liable toresult in criminal charges and thus inpunishment; calls on the Commission andthe Member States to ensure thatwrongdoers are held accountable; calls onthe Commission to ensure that MemberStates take measures with reference topractices that are legal but against thespirit of the law, general or specific anti-abuse measures which can counter theexcesses of creativity of certain tax-payers;

Or. fr

Amendment 21Markus Ferber



2. Deplores the number of cases ofmaladministration regarding theimplementation of EU legislation; urgesboth the Commission and the MemberStates to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance more efficiently

2. Deplores the number of cases ofmaladministration regarding theimplementation of EU legislation; urgesboth the Commission and the MemberStates to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance more efficiently

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and ensure that wrongdoers are heldaccountable;

and ensure that wrongdoers are heldaccountable; notes the presence of taxhavens within the European Union also;regrets that the Commissioner responsiblefor taxation is publicly denying this;

Or. de

Amendment 22Evelyn Regner, Peter Simon, Emmanuel Maurel, Elly Schlein, Emilian Pavel, SergioGaetano Cofferati, Hugues Bayet, Paul Tang



2. Deplores the number of cases ofmaladministration regarding theimplementation of EU legislation; urgesboth the Commission and the MemberStates to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance more efficientlyand ensure that wrongdoers are heldaccountable;

2. Deplores the number of cases ofmaladministration regarding theimplementation of EU Legislation andnotes with great concern the numeroustax havens located in the EuropeanUnion; urges therefore both theCommission and the Member States to stepup their efforts, commitments, andallocated resources to improve supervisionand enforcement to prevent and fightmoney laundering, tax evasion and taxavoidance more efficiently and ensure thatwrongdoers are held accountable;

Or. en

Amendment 23Pervenche Berès, Emmanuel Maurel, Elly Schlein, Sergio Gaetano Cofferati, HuguesBayet, Ana Gomes, Evelyn Regner, Peter Simon



2. Deplores the number of cases ofmaladministration regarding the

2. Deplores the number of cases ofmaladministration regarding the

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implementation of EU legislation; urgesboth the Commission and the MemberStates to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance more efficientlyand ensure that wrongdoers are heldaccountable;

implementation of EU legislation; urgesboth the Commission and the MemberStates to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance more efficientlyand ensure that wrongdoers are heldaccountable; insists on the cost-effectiveness of this investment;

Or. en





2. Deplores the number of cases ofmaladministration and breaches of lawregarding the implementation of EUlegislation this committee has uncovered;urges both the Commission and theMember States to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance more efficientlyand ensure that wrongdoers are heldaccountable;

Or. en

Amendment 25Tom Vandenkendelaere


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2. Deplores the number of cases ofinconsistent and incompleteimplementation of EU legislation; urgesboth the Commission and the MemberStates to step up their efforts,commitments, cooperation, andinvestments in financial and humanresources to improve supervision andenforcement to prevent and fight moneylaundering, tax evasion and tax avoidancemore efficiently and ensure thatwrongdoers are held accountable;

Or. en





2. Notes with concern the number ofcases of maladministration regarding theimplementation of EU legislation; urgesboth the European legislator and theMember States to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering, taxevasion and tax avoidance more efficientlyand ensure that wrongdoers are heldaccountable;

Or. en



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2. Deplores the cases ofmaladministration regarding theimplementation of EU legislation; urgesboth the Commission and the MemberStates to step up their efforts,commitments, and allocated resources toimprove supervision and enforcement toprevent and fight money laundering andtax evasion more efficiently and ensurethat wrongdoers are held accountable;

Or. de





2. Deplores the number of cases ofincomplete implementation of EUlegislation; urges both the Commission andthe Member States to step up their efforts,commitments, and efficiently allocateresources to improve supervision andenforcement to better prevent and fightmoney laundering, tax evasion and taxavoidance and ensure that any breach oflaw is duly punished.;

Or. en



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2a. Stresses the need to maintain thebalance between combating unfaircompetition due to potentially aggressivetax planning and the capacity to engagein business honestly;

Or. fr

Amendment 30Ramón Jáuregui Atondo, Juan Fernando López Aguilar



2 a. Asks Member States to refrainfrom pursuing supply-side aggressive taxplanning through the advertising andoffering of tax rulings and advantages orad hoc rules;

Or. en

Amendment 31Ramón Jáuregui Atondo, Sergio Gaetano Cofferati, Juan Fernando López Aguilar,Hugues Bayet, Ana Gomes, Evelyn Regner, Paul Tang, Emmanuel Maurel

Draft motion for a resolutionParagraph 2 b (new)


2 b. Asks Member States to refrainfrom pursuing supply-side aggressive taxplanning through the advertising andoffering of tax rulings and advantages orad hoc rules;

Or. en

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3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have beenrevealed;

3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have beenrevealed; ; insists in the necessity of aholistic approach at the EU level in orderto make sure that globalization anddigitalization do not prevent fair andefficient taxation; considers that theapproval of CCCTB, includingconsolidation, will be a major step in theright direction;

Or. en

Amendment 33Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Sergio Gaetano Cofferati,Hugues Bayet, Evelyn Regner, Paul Tang, Emmanuel Maurel, Elly Schlein



3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have been

3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have been

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revealed; revealed; insists in the necessity of aholistic approach at the EU level in orderto make sure that globalization anddigitalization do not prevent fair andefficient taxation; considers that theapproval of CCCTB, includingconsolidation, will be a major step in theright direction;

Or. en

Amendment 34Ana Gomes, Emmanuel Maurel, Elly Schlein, Sergio Gaetano Cofferati, Hugues Bayet,Evelyn Regner, Peter Simon




3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have beenrevealed but regrets the lack of politicalwill among Member States to advance thekind of radical reforms and enforcementthat would bring about lasting andeffective change in the status quo, optinginstead for frail advances with granularloopholes;

Or. en



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3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposals tointroduce inclusive strategies since thePanama Papers have been revealed;

Or. fr





3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the progress made incoming up with new legislative proposalssince the Panama Papers have beenrevealed by the Commission and anumber of Member States;

Or. de

Amendment 37Luděk Niedermayer, Dariusz Rosati



3. Regrets that many loopholes still 3. Regrets that loopholes still exist in

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exist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have beenrevealed;

the current legislation on tax evasion andanti-money laundering at the EU andnational levels and considers that thoroughimplementation of the existing legislationis needed at first place; welcomes theincreased efforts to come up with newlegislative proposals since the PanamaPapers have been revealed;

Or. en





3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatconsistent and efficient implementation ofthe legislation is needed; welcomes theincreased efforts to come up with newlegislative proposals since the PanamaPapers have been revealed;

Or. en

Amendment 39Evelyn Regner, Peter Simon, Emmanuel Maurel, Sergio Gaetano Cofferati, HuguesBayet



3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers that

3. Regrets that many loopholes stillexist in the current legislation on taxevasion, Company Law and anti-moneylaundering at the EU and national levels

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further strengthening of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have beenrevealed;

and considers that further strengthening ofthe legislation is needed; welcomes theincreased efforts to come up with newlegislative proposals since the PanamaPapers have been revealed;

Or. en





3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isurgently needed; welcomes the increasedefforts to draw up new legislativeproposals since the Panama Papers havebeen published;

Or. en




3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the legislation isneeded; welcomes the increased efforts to

3. Regrets the existence of loopholesin the current legislation on tax evasion andanti-money laundering at the EU andnational levels and considers it necessaryfirst of all to fully implement the existinglegislation; welcomes the increased efforts

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come up with new legislative proposalssince the Panama Papers have beenrevealed;

to come up with new legislative proposalssince the Panama Papers have beenrevealed;

Or. sl





3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther improvement of the legislation isneeded; welcomes the increased efforts tocome up with new legislative proposalssince the Panama Papers have beenrevealed;

Or. en

Amendment 43Sajjad Karim




3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of therelevant legislation is ongoing; welcomesthe efforts to revise such legislativeproposals since the Panama Papers havebeen revealed;

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Or. en

Amendment 44Angel Dzhambazki, Bernd Lucke




3. Regrets that many loopholes stillexist in the current legislation on taxevasion and anti-money laundering at theEU and national levels and considers thatfurther strengthening of the relevantlegislation is ongoing; welcomes theefforts to revise such legislative proposalssince the Panama Papers have beenrevealed;

Or. en

Amendment 45Fabio De Masi, Stelios Kouloglou, Marina Albiol Guzmán, Curzio Maltese, Patrick LeHyaric, Takis Hadjigeorgiou, Matt Carthy, Miguel Urbán Crespo, Miguel Viegas



3 a. Notes with concern that theTreaties and EU legislation, such as theParent-Subsidiary and Interest andRoyalties Directives, create a problematicasymmetry by prioritising the freemovement of capital and businessestablishment over fair and effectivetaxation; whereas this is exemplified byECJ judgements which have preventedMember States from applying robustdefence measures (e.g. CFC rules or exittaxation) against aggressive tax planningon the grounds of the fundamentalfreedoms of the internal market 1a; notes

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that this type of integration enshrines astructural bias to the benefit of investorsand corporations operating acrossborders; calls in this context for a widerreview of EU legislation and theapplication and interpretation of thefundamental freedoms of the internalmarket with a view to systematicallypreventing instances of double non-taxation and harmful tax competitionwhich arise as unintended consequencesof the facilitation of intra-Union capitalmovement;

_________________1a For instance, judgement of the Court(Grand Chamber) of 12 September 2006.Cadbury Schweppes plc and CadburySchweppes Overseas Ltd v Commissionersof Inland Revenue. and case C-9/02Hughes de Lasteyrie du Saillant v.Ministère de l'Économie, des Finances etde l'Industrie, OJ C 94, 17.04.2004

Or. en

Amendment 46Evelyn Regner, Peter Simon, Emmanuel Maurel, Elly Schlein, Sergio Gaetano Cofferati,Tibor Szanyi, Hugues Bayet, Ana Gomes



3 a. Regrets that tax policy issues atCouncil level are often blocked byindividual Member States, in order toprotect tax havens; calls therefore for theabolishment of the principle of unanimityof the Member States in tax matters inorder to make progress in the fight for taxjustice and reduce the burden on EUcitizens;

Or. en

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4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena and therefore requirea response based on increased cooperationat EU and global level;

4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena and therefore requirea response based on increased cooperationat EU and global level; urges theCommission to take a leading role in theglobal fight against tax avoidance, taxevasion and money laundering;

Or. en





4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena which in particularserve to fund terrorist networks andtherefore require a comprehensive, clearand coherent response based on increasedcooperation at EU and global level;

Or. fr

Amendment 49Evelyn Regner, Peter Simon, Emmanuel Maurel, Tibor Szanyi, Hugues Bayet


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4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena and therefore requirea response based on mutual support andincreased cooperation at EU and globallevel;

Or. en

Amendment 50Raymond Finch



4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena and therefore requirea response based on increasedcooperation at EU and global level;

4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena and therefore requirean intelligent response;

Or. en





4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena and therefore requirea response based on increased cooperationat global level;

Or. en

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4. Notes that tax avoidance, taxevasion and money laundering continue tobe global phenomena and therefore requirea response based on increased cooperationat global level;

Or. en





4. Notes that tax evasion and moneylaundering continue to be globalphenomena and therefore require aresponse based on increased cooperation atEU and global level;

Or. de

Amendment 54Evelyn Regner, Peter Simon, Emmanuel Maurel, Marju Lauristin, Elly Schlein, HuguesBayet, Ana Gomes, Paul Tang



4 a. Stresses that for taking thedigitalisation of the business environmentfully into account, it is necessary to definea concept of digital business

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establishments to ensure that companieswhich raise revenues in one MemberState without having a physicalestablishment in that Member State aretreated the same way as companies with aphysical business establishment; callstherefore on the Commission to coverdigital businesses in all European anti-taxavoidance and tax-related measures;

Or. en




4a. Notes that the Member States andthe international community are beingcalled upon to introduce legislativemeasures reducing the scope for taxavoidance;

Or. de




5. Calls on the Commission and theMembers States to be proactive and notwait for media revelations to address theseissues on the top of the political agenda;

deleted

Or. en

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5. Calls on the Commission and theMembers States to be proactive inestablishing a priori controls and not waitfor media revelations to address theseissues on the top of the political agenda;recalls that transparency cannot bemerely sectoral;

Or. fr





5. Calls on the Europeanlegislator and the Members States to beproactive and not wait for mediarevelations to address these issues on thetop of the political agenda;

Or. en




5. Calls on the Commission and the 5. Calls on the Commission and the

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Members States to be proactive and notwait for media revelations to address theseissues on the top of the political agenda;

Members States to be proactive and notwait for media revelations to address theseissues as a matter of political priority;

Or. en

Amendment 60Petras Auštrevičius

Draft motion for a resolutionParagraph 5 – subparagraph 1 (new)


Urges the Council and the Member Statesto introduce targeted visa and financialMagnitsky sanctions in respect of non EUpersons involved in the conspiracyexposed by Sergey Magnitsky, comprisingsignificant money laundering whichaffected EU member states, andconnected to the abuse and retaliationagainst Mr Magnitsky.

Or. en

Amendment 61Emmanuel Maurel, Sergio Gaetano Cofferati, Elly Schlein, Hugues Bayet, Ana Gomes,Tibor Szanyi, Evelyn Regner



5 a. Stresses that there is a need to bevigilant that the Brexit would favourneither tax competition between the 27remaining Member States to attractcertain industries and services located inthe United Kingdom, nor a relaxation ofefforts to fight tax evasion on the UK'sside - and its overseas and relatedterritories; draws the Commission's

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attention to the fact that this dimensionshould be duly taken into account duringthe second phase of the Brexit whilenegotiating any partnership or tradeagreement with the United Kingdom;

Or. en

Amendment 62Ana Gomes



5 a. Deplores the decision by theEuropean Commission to end itscommitment to a biennial anti-corruptionreport on all Member States; notes thatthe anti-corruption monitoring by theCommission will be pursued through theEuropean Semester process; takes theview that anti-corruption might beovershadowed by other economic andfinancial matters in this process; calls ofthe Commission to lead by example andresume the publication of the report andcommit to a much more credible andcomprehensive anti-corruption strategy;

Or. en




5 a. Calls on Member States to prohibitthe opening of financial accounts and theowning of shell companies in tax havens

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by non-residing nationals, and to imposefinancial penalties in case of non-compliance, including, in the case ofcompanies, the exclusion from EU andMember States public procurement calls;

Or. en


Draft motion for a resolutionSubheading 2


2.Tax evasion and tax avoidance Tax evasion

Or. de




6. Stresses the urgent need for acommon international definition of whatconstitutes an Offshore Financial Centre(OFC), tax havens, secrecy havens, a non-cooperative tax jurisdictions and a high-risk country in terms of money laundering;

6. Stresses the urgent need for acommon European definition of whatconstitutes an Offshore Financial Centre(OFC), tax haven, secrecy haven, non-cooperative tax jurisdictions and high-riskcountry in terms of money laundering;“Recommends that any entity creating anoffshore structure shall provide thecompetent authorities with the legitimatereasons behind such a decision, in orderto guarantee that offshore accounts arenot used for money laundering or taxevasion purposes;

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Or. en

Amendment 66Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Evelyn Regner, EmmanuelMaurel, Emilian Pavel, Tibor Szanyi




6. Stresses the urgent need for acommon international definition of whatconstitutes an Offshore Financial Centre(OFC), tax havens, secrecy havens, a non-cooperative tax jurisdictions and a high-risk country in terms of money laundering;calls for a universal definition of taxhavens agreed by the EU, the OECD, theIMF and the UN, without prejudice of theimmediate publication of the EU commonlist black list;

Or. en





6. Stresses the urgent need for acommon international definition of whatconstitutes an Offshore Financial Centre(OFC), tax havens, secrecy havens, a non-cooperative tax jurisdictions and a high-risk country in terms of money laundering;stresses that these definitions presupposethe establishment of clear and objectivecriteria;

Or. fr

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6. Stresses the urgent need for aninternational agreement coordinated bythe OECD on the definition of whatconstitutes an Offshore Financial Centre(OFC), tax havens, secrecy havens, non-cooperative tax jurisdictions and a high-risk country in terms of money laundering;

Or. en

Amendment 69Miguel Urbán Crespo, Miguel Viegas, Fabio De Masi, Stelios Kouloglou, Marina AlbiolGuzmán, Curzio Maltese, Patrick Le Hyaric, Takis Hadjigeorgiou, Matt Carthy




6. Stresses the urgent need for acommon international definition of whatconstitutes an Offshore Financial Centre(OFC), tax havens, secrecy havens, a non-cooperative tax jurisdictions and a high-risk country in terms of money launderingthat is inclusive of EU cases;

Or. en



PE609.631v01-00 36/185 AM\1133562EN.docx

EN



6. Stresses the usefulness of acommon international definition of whatconstitutes an Offshore Financial Centre(OFC), tax havens, secrecy havens, a non-cooperative tax jurisdictions and a high-risk country in terms of money laundering;

Or. en

Amendment 71Marco Valli



6a. Urges the Commission andCouncil to adopt a broad workingdefinition of tax haven, so that this coversas many as possible of the countries andjurisdictions presenting a tangible threatin terms of tax avoidance and evasion;

Or. it




6a. Recalls that free zones must not beabused with the aim of achieving the sameeffects as tax havens;

Or. fr

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Amendment 73Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Evelyn Regner, EmmanuelMaurel



7. In seeking to promote greaterinternational cooperation, believes that it isalso crucial to retain the legal objectivity ofthese definitions, since some jurisdictionscould sign up to internally agreed standardsbut without applying them in practice;

7. In seeking to promote greaterinternational cooperation, believes that it isalso crucial to retain the legal objectivity ofthese definitions, since some jurisdictionscould sign up to internally agreed standardsbut without applying them in practice; thesaid definitions should not be politicallyinfluenced, while EU Member States andallies shall not be exempted from theblack list;

Or. en





7. In seeking to promote greaterinternational cooperation, believes that it isalso crucial to retain the legal objectivity ofthese definitions, since some jurisdictionscould sign up to internally agreed standardsbut without applying them in practice; thesaid definitions should not be politicallyinfluenced, while EU Member States andallies shall not be exempted from theblack list;

Or. en

Amendment 75

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Thierry Cornillet, Nils Torvalds, Maite Pagazaurtundúa Ruiz, Enrique CalvetChambon, Petras Auštrevičius, Ramon Tremosa i Balcells, Lieve Wierinck




7. In seeking to promote greaterinternational cooperation, believes that it isalso crucial to retain the legal objectivity ofthese definitions and their enforcement,since some jurisdictions could sign up tointernally agreed standards but withoutapplying them in practice as well as to lookat effective and not only official tax rates;

Or. en




7. In seeking to promote greaterinternational cooperation, believes that it isalso crucial to retain the legal objectivity ofthese definitions, since some jurisdictionscould sign up to internally agreedstandards but without applying them inpractice;

7. In seeking to promote greaterinternational cooperation, believes that it isalso crucial to retain the legal objectivity ofthese definitions, since some jurisdictionscould sign up to internationally agreedstandards but without applying them inpractice;

Or. en



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7. In seeking to promote greaterinternational cooperation, believes that itis also crucial to retain the legal objectivityof these definitions, since somejurisdictions could sign up to internallyagreed standards but without applyingthem in practice;

7. In seeking this agreement it is alsocrucial to retain the legal objectivity ofthese definitions and define them in suchway that motivate listed jurisdiction toadopt measures leading to their removalfrom the list.

Or. en




7 a. [new para following para 7]

Recalls that formal commitment tointernationally agreed standards is thefirst step, but only proper implementationof these standards and real and genuineeffort will mitigate risk factors and leadsuccessful fight against moneylaundering, tax fraud and tax evasion;

Or. en

Amendment 79Evelyn Regner, Peter Simon, Emmanuel Maurel, Elly Schlein, Sergio Gaetano Cofferati,Hugues Bayet, Ana Gomes



7 a. Stresses with great concern thatfreeports which could be used tocircumvent international transparency

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rules in order to launder money and hidelooted art and antiques are also based inthe European Union, calls on theCommission to tackle this issue offreeports in the European Union;

Or. en




7 a. Calls on the Commission topresent a legislative proposal to ensurethat offshore structures with beneficialowner(s) in the Member States are subjectto similar auditing and account disclosurerequirements as in the Europeanjurisdiction where the beneficial owner islocated;

Or. en




7a. Considers that the EU shouldmake it illegal to maintain commercialrelations with legal structures establishedin tax havens if the ultimate beneficiarycannot be identified;

Or. fr

AM\1133562EN.docx 41/185 PE609.631v01-00

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7 b. Calls on the Commission topublish an annual public report on theuse of EU funds as well as EIB andEBRD money transfers to offshorestructures, including the number andnature of projects blocked, explanatorycomments on the rationale for blockingprojects and follow-up actions taken toensure no EU funds directly or indirectlyhelp tax avoidance and tax fraud;

Or. en




8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or aclose to zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financial

deleted

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sector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

Or. en




8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or a closeto zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

8. Urges the Commission to adopt amore ambitious and neutral approach tosetting up a common EU list of non-cooperative tax jurisdictions which alsoexpressly includes tax havens that seem tocomply with international tax rules; callson the Commission and Council to entitlethis list 'EU blacklist of tax havens andnon-cooperative tax jurisdictions'; calls onthe Council not to dilute, but rather toincrease the ambition and objectivity ofthe criteria of said list, so that they areeffective, reliable and non-arbitrary;stresses that these criteria should bedefined transparently and freely of anypolitical interference, in order to ensurethat the jurisdictions which officiallyadhere to European and international taxrules, but in reality operate as tax havens,are included on the list; insists that theabsence of corporate tax or a close to zerocorporate tax rate or a comparatively lowrate of corporate tax should be a basic andmandatory criterion for including acountry on the list; in order for this list tobe effective and credible, calls on theCommission and the Council to identifyand put in place strong and deterrentcounter-measures and sanctions againstlisted countries and against companies,banking institutes and intermediaries withsubsidiaries registered in those countries;

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believes that these sanctions mustinclude exclusion from EU procurementprocedures, and exclusion from EUfunding and the withdrawal of anyfunding already granted, and from EUinvestment or partnership programmes,the suspension of free trade agreementsand the suspension of the third countryequivalence regime in the financial sector;underlines that the assessments ofindividual countries should be carried outin a transparent and objective manner;

Or. it

Amendment 85Miguel Urbán Crespo, Miguel Viegas, Fabio De Masi, Stelios Kouloglou, Marina AlbiolGuzmán, Curzio Maltese, Patrick Le Hyaric, Matt Carthy




8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;regrets that this list will not include EUMember States that fulfil the criteria of anon-cooperative tax jurisdiction; calls onthe Council not to dilute the ambition ofthe criteria of said list; insists that theabsence of corporate tax or a close to zerocorporate tax rate should be considered asone of the criteria, as well as cases where amore favourable tax treatment is offeredto non-residents; in order for this list to beeffective and credible, calls on the Councilto put in place strong, binding, commonand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector, the cancelation of double taxagreements or the application ofwithholding taxes on funds flowing tolisted countries; calls for sanctions also to

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be applied to companies, banks andaccountancy and law firms and to taxadvisers proven to be involved in illegal,harmful or wrongful activities with thosejurisdictions or proven to have facilitatedillegal, harmful or wrongful corporate taxarrangements involving legal vehicles inthose jurisdictions; underlines that theassessments of individual countries and thelisting process should be carried out in atransparent manner;

Or. en





8. Welcomes the leading role of theCommission in setting up criteria for acommon EU list of non-cooperative taxjurisdictions; calls on the Council not todilute the ambition of the criteria of thatlist and to depoliticise the ongoingscreening exercise; insists that the absenceof corporate tax or a close to zero corporatetax rate should be considered as one of thecriteria as part of a yearly review of thelist; in order for this list to be effective andcredible; calls on the Council to put inplace strong and deterrent commonsanctions against listed countries such asthe suspension of third country equivalenceregime in financial sector or theprohibition for banks to have anycorrespondence relationship or to interactin any way with any financial institutionin a non-cooperative jurisdiction;underlines that the assessments ofindividual countries should be carried out

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in a transparent manner and calls on theCouncil and Commission to put in place atransparent and objective reviewmechanism, including the EuropeanParliament, to update the list in thefuture;

Or. en

Amendment 87Sergio Gaetano Cofferati, Evelyn Regner, Ana Gomes, Ramón Jáuregui Atondo,Emmanuel Maurel, Marju Lauristin, Elly Schlein, Hugues Bayet, Juan Fernando LópezAguilar, Virginie Rozière, Paul Tang, Peter Simon, Pervenche Berès, Nessa Childers




8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or a closeto zero corporate tax rate has to be one ofthe sufficient criteria and stresses itsimportance for the list to be effective;considers that the transparency criteriashould be fully applied from the beginningand that the criteria should takeadequately into consideration alsoimplementation and enforcement; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector and the exclusion from free tradeagreements as far as there is nocompliance in the field of taxation;underlines that the assessments ofindividual countries should be carried outin a transparent manner;

Or. en

PE609.631v01-00 46/185 AM\1133562EN.docx

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8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or aclose to zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

8. Notes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; in orderfor this list to be effective and credible,underlines that the assessments ofindividual countries should be carried outin a transparent manner;

Or. en




8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or aclose to zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,

8. Notes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; in orderfor this list to be effective and credible,underlines that the assessments ofindividual countries should be carried outin a transparent manner;

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calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

Or. en

Amendment 90Bernard Monot




8. Notes that the Commission issetting up a common EU list of non-cooperative tax jurisdictions; deplores theomission of certain jurisdictions whichfeature frequently in tax avoidanceschemes, such as certain American states;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or a closeto zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

Or. fr



PE609.631v01-00 48/185 AM\1133562EN.docx

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Paragraph 8



8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

Or. en




8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or aclose to zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried out

8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Commission to create clearand useful criteria for this list, in line withthe criteria for the EU anti-moneylaundering list of high risk thirdcountries; in order for this list to beeffective and credible, calls on the Councilto put in place strong and deterrentsanctions against listed countries;underlines that the assessments ofindividual countries should be carried outin a transparent manner;

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in a transparent manner;

Or. en





8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;regrets the inordinate amount of timetaken by this process; calls on the Councilnot to dilute the ambition of the criteria ofsaid list; insists that the absence ofcorporate tax or a close to zero corporatetax rate should be considered as one of thecriteria; in order for this list to be effectiveand credible, calls on the Council to put inplace strong and deterrent sanctions againstlisted countries such as the suspension ofthird country equivalence regime infinancial sector; underlines that theassessments of individual countries shouldbe carried out in a transparent manner;

Or. de

Amendment 94Brian Hayes, Seán Kelly



8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute the

8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;insists that the absence of corporate tax or

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ambition of the criteria of said list; insiststhat the absence of corporate tax or a closeto zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

a close to zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of thirdcountry equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

Or. en





8. Welcomes the Commissioninitiative setting up a common EU list ofnon-cooperative tax jurisdictions; calls onthe Council and Commission not to dilutethe ambition of the criteria of said list;insists that 'zero tax rates', such as theabsence of corporate tax or a close to zerocorporate tax rate must be considered asone of the criteria; in order for this list tobe effective and credible, calls on theCouncil to put in place deterrent sanctionsagainst listed countries; underlines that theassessments of individual countries shouldbe carried out in a transparent manner;

Or. de


AM\1133562EN.docx 51/185 PE609.631v01-00

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8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or a closeto zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strong,clear, proportionate and deterrentsanctions against listed countries such asthe suspension of third country equivalenceregime in financial sector; underlines thatthe assessments of individual countriesshould be carried out in a transparentmanner;

Or. fr




8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or a closeto zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of third

8. Welcomes the leading role of theCommission in setting up a common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; insiststhat the absence of corporate tax or a closeto zero corporate tax rate should beconsidered as one of the criteria; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries such as the suspension of third

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country equivalence regime in financialsector; underlines that the assessments ofindividual countries should be carried outin a transparent manner;

country equivalence regime in financialsector and trade sanctions; underlines thatthe assessments of individual countriesshould be carried out in a transparentmanner;

Or. en





8. Welcomes the leading role of theCommission in setting up the common EUlist of non-cooperative tax jurisdictions;calls on the Council not to dilute theambition of the criteria of said list; in orderfor this list to be effective and credible,calls on the Council to put in place strongand deterrent sanctions against listedcountries; underlines that the assessmentsof individual countries should be carriedout in a transparent manner; reminds thatthe goal of such a list is not to implementsanctions, but to change behaviour ofsuch a jurisdiction with respect to moneylaundering and facilitation of tax fraud.

Or. en

Amendment 99Evelyn Regner, Peter Simon, Emmanuel Maurel, Elly Schlein, Sergio Gaetano Cofferati,Hugues Bayet, Ana Gomes, Paul Tang, Pervenche Berès



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8 a. Calls on the Council to put inplace strong and deterrent sanctionsagainst listed jurisdictions including thesuspension of third country equivalenceregime in financial sector, the possibilityof reviewing and, in the last resort,suspending free trade agreements,suspending double taxation agreementsand prohibiting access to Union funds aswell as controlling capital movement fortransactions in and out of thesejurisdictions; notes that the purpose ofsanctions is to bring about changes in thelegislation of the jurisdictions concerned;calls for sanctions also to apply tocompanies, banks, and accountancy andlaw firms and to tax advisers proven to beinvolved in illegal, harmful or wrongfulactivities with those jurisdictions orproven to have facilitated illegal, harmfulor wrongful corporate tax arrangementsinvolving legal vehicles in thosejurisdictions; calls on EU bodies not tocooperate with those jurisdictions listedon the said list; asks that institutions suchas the European Investment Bank (EIB)and the European Bank forReconstruction and Development (EBRD)no longer cooperate, through theirfinancial intermediaries, withjurisdictions listed on the said list; asks,moreover, EU bodies to commit to notgranting EU funding to companiesconvicted of tax fraud, tax evasion oraggressive tax planning; calls on theCommission to prepare bindinglegislation banning all EU institutionsfrom opening accounts or operating in thejurisdictions included in the common EUlist of non-cooperative jurisdictions;

Or. en


PE609.631v01-00 54/185 AM\1133562EN.docx

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8 a. Calls for concerted actions ofMember States against low or non-taxation of outbound payments toeffectively and systematically combatBEPS; reiterates its position that moreand binding action is needed thanprovided for in the Anti-Tax AvoidancePackage(ATAP);calls therefore forintroducing a harmonised withholding taxby Member States on all interest paymentsand dividend, licence and royalty fees tolow tax third countries, independent ofwhether these countries are on the EU'slist of non-cooperative tax jurisdictions;underlines that such a generalwithholding tax system based on the creditmethod has the advantage of preventingdouble non-taxation and BEPS withoutcreating instances of double taxation andwithout relying on a selective blacklistingapproach which entails significantdiplomatic challenges; calls on MemberStates to agree on strong, comprehensiveand enforceable CFC rules and to discardrules which are limited to somehowdefined non-genuine arrangements theburden of proof for which is put on taxauthorities;

Or. en



AM\1133562EN.docx 55/185 PE609.631v01-00

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8 a. Recalls that in December 2015, theECOFIN Council invited the High LevelWorking Party to conclude on the need toenhance the overall governance,transparency and working methods and tofinalise the reform of the Code of ConductGroup during the Dutch Presidency;recalls that in March 2016, the ECOFINCouncil invited the High Level WorkingParty to review the new governance,transparency and working methods,especially on the efficiency of the decisionmaking process also in relation to the useof the broad consensus rule in2017;awaits with interest the results ofthese efforts;

Or. en




8a. Considers it absolutelyunacceptable that the EU common listcurrently being discussed should belimited exclusively to third countries; alsoconsiders it fundamentally important for acredible list of tax havens and non-cooperative tax jurisdictions to cover EUMember States, in order to ensure itseffectiveness and legitimacy;

Or. it


PE609.631v01-00 56/185 AM\1133562EN.docx

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8 a. Takes the view that when the EUlist of non-cooperative tax jurisdictions isin place, the Commission should proposeaccompanying legislation determiningharmonised obligations for tax authoritiesin every Member State to annuallydisclose aggregated data containing thetotal value and destination of the moneytransfers each Member State to eachjurisdiction in that list;

Or. en

Amendment 104Enrico Gasbarra



8 a. calls on the EU to consider adeterrent strategy to counter the non-transparent and non-cooperative fiscalpolicies of some national administrations,including measures aimed at suspendingtrade agreements with the countries in thelist;

Or. en




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8 a. Calls for a universal definition oftax havens agreed by the EU, the OECD,the IMF and the UN, without prejudice ofthe immediate publication of the EUcommon list black list;

Or. en




8b. Believes that the process ofidentifying counter-measures andsanctions applicable to listed countriesshould not be influenced by politicaljudgements; highlights the importance ofensuring a uniform and coordinatedapplication of those counter-measuresand sanctions by the various MemberStates;

Or. it

Amendment 107Enrico Gasbarra, Ana Gomes



8 b. calls on the EU to consider adeterrent strategy to counter the non-transparent and non-cooperative fiscalpolicies of some national administrations,including measures aimed at suspendingtrade agreements with the countries in thelist;

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Or. en


Draft motion for a resolutionParagraph 8 c (new)


8c. Believes that the EuropeanParliament should be kept fully informedand involved in the process of theestablishing an EU list of tax havens andnon-cooperative tax jurisdictions; calls onthe Council to make the final report onthe assessment of the jurisdictionsinvolved in that process fully accessible tothe relevant European Parliamentcommittee;

Or. it


Draft motion for a resolutionParagraph 8 d (new)


8d. Stresses the need for EU ruleswhich prohibit the EU institutions fromopening accounts in territories whosejurisdictions are on the list of tax havensand non-cooperative jurisdictions, andwhich also prohibit transactions withcompanies and intermediaries withregistered offices in such countries orwith proven involvement in aggressive taxplanning schemes;

Or. it

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Amendment 110Sergio Gaetano Cofferati, Evelyn Regner, Emmanuel Maurel, Elly Schlein, HuguesBayet, Juan Fernando López Aguilar, Peter Simon, Nessa Childers



9. Regrets that several EU MemberStates featured in the Panama Papers;points out that there should be also ascrutiny mechanism established for EUMember States;

9. Notes with great concern thatseveral EU Member States featured in thePanama Papers and act as tax havens orsecrecy jurisdictions, undermining thecorrect functioning of the internal marketand the efforts of the European Unionagainst tax evasion and avoidance atEuropean and international level; insiststhat the common EU list of non-cooperative tax jurisdictions should coveralso EU Member States; points out thatthere should be also an additional scrutinymechanism established for EU MemberStates with regard to the tax measuresthey introduce;

Or. en

Amendment 111Nuno Melo




9. Regrets that several EU citizens,entities and politically exposed personswere featured in the Panama Papers;encourage Member States to clarifywhether such appearance has been dulyinvestigated and constituted breach ofnational law.Underlines, unfortunately, in the sameway, that requested to cooperate with this

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Inquiry Committee, many citizens,entities, and politically exposed personsrefused to provide information that wouldbe useful to the object of this Committee.

Or. en





9. Regrets that several EU MemberStates featured in the Panama Papers andare systematically used in aggressive taxplanning schemes; stresses the need,therefore, not to limit the scope of theblacklist of tax havens and non-cooperative jurisdictions to thirdcountries, but for it also to cover EUcountries; points out that there should bealso a scrutiny and dissuasive sanctionsmechanism established for EU MemberStates;

Or. it

Amendment 113Maite Pagazaurtundúa Ruiz, Petras Auštrevičius, Nils Torvalds




9. Regrets that several EU MemberStates featured in the Panama Papers; andthat three of them are present in the topten of the ranking prepared by theFinancial Secrecy Index that classify thejurisdictions according to the degree of

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financial secrecy and the scale of theiractivities offshore financing; points outthat there should be also a scrutinymechanism established for EU MemberStates;

Or. en





9. Regrets that several EU MemberStates featured in the Panama Papers;points out that there should be also a yearlytransparent scrutiny mechanismestablished by the European Commissionfor EU Member States withrecommendations and assessment ofprogress made;

Or. en





9. Notes that a number of EUMember States featured in the PanamaPapers; points out that a scrutinymechanism established for EU MemberStates is indispensable; urges theCommission to propose such amechanism;

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Or. de





9. Regrets that several EU citizens,entities and politically exposed personswere featured in the Panama Papers;encourage Member States to clarifywhether such appearance has been dulyinvestigated and constituted breach ofnational law;

Or. en





9. Regrets that several EU MemberStates featured in the Panama Papers;

Or. it



AM\1133562EN.docx 63/185 PE609.631v01-00

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9. Regrets that several EU MemberStates featured in the Panama Papers;points out that support and cooperationfor scrutiny mechanisms and state-ledaction against illegal activities should bepromoted for EU Member States;

Or. en





9. Regrets that several EU MemberStates featured in the Panama Papers;points out that there should be also ascrutiny and sanction mechanismestablished for EU Member States;

Or. en

Amendment 120Monica Macovei, Theodor Dumitru Stolojan, Pirkko Ruohonen-Lerner, MaitePagazaurtundúa Ruiz, Fabio De Masi



9 a. Calls upon the Council to establishby the end of 2017 a similar list with theEU Member States where Non-Cooperative Tax Jurisdictions exist evenif in regions or in other administrativestructures of those Member States;

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Or. en




9 a. Calls upon the Council to establishby the end of 2017 a similar list with theEU Member States where Non-Cooperative Tax Jurisdictions exist evenif in regions or in other administrativestructures of those Member States;

Or. en




10. Regrets that the Commission is notcarrying out its own and independentassessment as foreseen by the AMLDprovisions but relies instead on the FATFlist; deplores that the Commission did notanswer satisfactorily to the demands ofthe European Parliament in this regard;

deleted

Or. en


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10. Regrets that the Commission is notcarrying out its own and independentassessment as foreseen by the AMLDprovisions but relies instead on the FATFlist; deplores that the Commission did notanswer satisfactorily to the demands of theEuropean Parliament in this regard;

10. Regrets that the Commission is notcarrying out its own and independentassessment as foreseen by the AMLDprovisions but relies instead on the FATFlist; deplores that the Commission did notyet answer satisfactorily to the demands ofthe European Parliament in this regard;Calls on the Commission to report to theEuropean Parliament in 2018 on itscommitment to increase human andfinancial resources for the taskforce onpreventing financial crimes; notes that theFATF deploys changing teams forcountry peer reviews and calls on theCommission to request activeparticipation in these teams whenevaluating Member States;

Or. en





10. Regrets that the Commission is notcarrying out its own and independentassessment as foreseen by the AMLDprovisions but relies instead on the FATFlist; takes the view that the timetableproposed by the Commission forcompletion of work on drawing up a listof its own by 2025 is not nearly ambitiousenough; urges the Commission sharply tospeed up work on is own list

Or. de

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10. Notes that the Commission is anactive member of the FATF and thereforewas involved in the assessment of theFATF list;

Or. en





10. Notes that the Commission is anactive member of the FATF and thereforewas involved in the assessment of theFATF list;

Or. en



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10. Welcomes the Commission’sroadmap on carrying out its own andindependent assessment as foreseen by theAMLD provisions instead of relying onthe FATF list;

Or. en




10. Regrets that the Commission is notcarrying out its own and independentassessment as foreseen by the AMLDprovisions but relies instead on the FATFlist; deplores that the Commission did notanswer satisfactorily to the demands of theEuropean Parliament in this regard;

10. Deplores the fact that that theCommission, despite major problems, isnot carrying out its own and independentassessment as foreseen by the AMLDprovisions but relies instead on the FATFlist; deplores that the Commission did notanswer satisfactorily to the demands of theEuropean Parliament in this regard;

Or. de

Amendment 129Pervenche Berès, Emmanuel Maurel, Peter Simon



10. Regrets that the Commission is notcarrying out its own and independentassessment as foreseen by the AMLDprovisions but relies instead on the FATFlist; deplores that the Commission did not

10. Regrets that the Commission is notcarrying out its own and independentassessment as foreseen by the AMLDprovisions but relies solely on the FATFlist; deplores that the Commission did not

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answer satisfactorily to the demands of theEuropean Parliament in this regard;

answer satisfactorily to the demands of theEuropean Parliament in this regard;

Or. en




11. Believes that it is of primaryimportance that the EU is more ambitiousthan the FATF on this issue; notes in thisregard the need for more investment intohuman and financial resources or theirallocation within the EuropeanCommission;

deleted

Or. en





11. Believes that it is of primaryimportance that the EU is more ambitiousthan the FATF on this issue; notes in thisregard the need for more investment intohuman and financial resources or theirallocation within the EuropeanCommission to perform checks on aregular basis and by this come to acredible screening procedure; calls alsoon EU institutions to increase thefinancial contribution of the EU to the

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FATF in order to enable it to hire morestaff and increase the frequency of theirchecks;

Or. en





11. Believes that it is of primaryimportance that the EU works closely withthe FATF on this issue in order to set thehighest standards possible on an agreedinternational basis to tackle moneylaundering and terrorist financing; notesin this regard the need for more investmentinto human and financial resources or theirallocation within the EuropeanCommission;

Or. en

Amendment 133Angel Dzhambazki




11. Believes that it is of primaryimportance that the EU is more ambitiousthan the FATF on this issue; highlights inthis regard the need for more focus oninvestments into human and financialresources or their allocation within theEuropean Commission;

Or. en

PE609.631v01-00 70/185 AM\1133562EN.docx

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11. Believes it of primary importancethat EU goals are more ambitious thanthose of the FATF on this issue; notes inthis regard the need for more investmentinto human and financial resources;

Or. de





11. Believes that primary importance ofthis list is to encourage change ofbehaviour of such a jurisdiction in casesof money laundering or facilitation of taxfraud and to discourage other states toimplement similar policy.

Or. en



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Paragraph 11 a (new)


11 a. Calls on the Commission to be thecentral institution for both the anti-moneylaundering list of high-risk third countriesand the review of the European list of taxhavens to ensure consistency andcomplementarity;

Or. en


Draft motion for a resolutionSubheading 2.2


2.2Other tax legislations deleted

Or. de


Draft motion for a resolutionSubheading 2.2


Other tax legislations Other tax legislation

Or. en

Amendment 139Enrique Calvet Chambon, Petras Auštrevičius, Thierry Cornillet, Frédérique Ries,Louis Michel

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11 a. Calls for the need to harmonizethe definition of residence at the EU levelin order to better identify companies’economic activity suspect of beinginvolved in tax avoidance and evasionactivities;

Or. en

Amendment 140Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Sergio Gaetano Cofferati,Hugues Bayet, Evelyn Regner, Emmanuel Maurel

Draft motion for a resolutionSubheading 2.2 a (new)


Calls to companies to make the fullfulfilment of tax obligations without anykind of tax avoidance an integral part oftheir Corporate Social Responsibility;

Or. en


Draft motion for a resolutionSubheading 2.2 a (new)


Tax avoidance

Or. de

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Amendment 142Enrique Calvet Chambon, Petras Auštrevičius, Thierry Cornillet, Frédérique Ries,Louis Michel



11 b. Stresses the need to define theconcept of economic activity in order tobetter assess the freedom of establishmentdescribed in art. 49 TFUE, to be able torestrain shell companies’ creation and tobetter identify the benefits they get fromthe internal market;

Or. en


Draft motion for a resolutionSubheading 2.2 b (new)


Current legislation

Or. de




12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinationalenterprises (MNE’s) as it would allow thewider public to have access to information

deleted

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about the profits made, subsidies receivedand the taxes they pay in the jurisdictionswhere they operate;

Or. de




12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinationalenterprises (MNE’s) as it would allow thewider public to have access to informationabout the profits made, subsidies receivedand the taxes they pay in the jurisdictionswhere they operate;

deleted

Or. en

Amendment 146Hugues Bayet, Sergio Gaetano Cofferati, Evelyn Regner, Emmanuel Maurel, MarjuLauristin, Elly Schlein, Virginie Rozière, Ana Gomes, Peter Simon



12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinational enterprises(MNE’s) as it would allow the wider publicto have access to information about theprofits made, subsidies received and thetaxes they pay in the jurisdictions wherethey operate;

12. Calls for the need of an ambitiouspublic country-by-country reporting,featuring disaggregated data for each taxjurisdiction outside the EU and whichensures that multinationals can notbypass the publication of the necessaryinformation, in order to enhance taxtransparency and public scrutiny ofmultinational enterprises (MNE’s) as it

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would allow the wider public to haveaccess to information about the profitsmade, subsidies received and the taxes theypay in the jurisdictions where they operate;insists that the reporting should becountry-by-country for all thejurisdictions in which the multinationalsoperate; urges the Council to reach acommon agreement on the proposal toenter into negotiations with the other EUinstitutions in order to adopt a publicCBCR, one of the key measures to findgreater transparency on tax informationof companies for all citizens;

Or. en





12. Expresses great disappointment atthe failure to reach political agreement onan ambitious and effective model forpublic country-by-country reporting;emphasises that the position adopted bythe European Parliament in July 2017 isan alarming step backwards from thepositions adopted in the past; Calls for theneed of an ambitious public country-by-country reporting in order to enhance taxtransparency and public scrutiny ofmultinational enterprises (MNE’s) as itwould allow the wider public to haveaccess to information about the profitsmade, subsidies received and the taxes theypay in all the jurisdictions in which theyoperate, both inside and outside the EU;

Or. it

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Amendment 148Thierry Cornillet, Nils Torvalds, Maite Pagazaurtundúa Ruiz, Enrique CalvetChambon, Petras Auštrevičius, Ramon Tremosa i Balcells, Lieve Wierinck




12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinational enterprises(MNE’s) as it would allow the wider publicto have access to information about theprofits made, subsidies received and thetaxes they pay in the jurisdictions wherethey operate provided temporaryderogation exist taking into account thelegitimate cases where Europeancompanies would be subject to unfaircompetition;

Or. en





12. Calls for the need of an ambitiousglobal public country-by-country reportingby multinational enterprises (MNEs)which should at least include in whichcountries companies operate, under whichname(s) they operate in said countries,their financial performance in eachcountry, the tax charges for each country,the cost and net book value of fixed assetsfor each country and gross and net assetsfor each country;

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Or. en

Amendment 150Enrique Calvet Chambon, Frédérique Ries, Louis Michel




12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinational enterprises(MNE’s) as it would allow the wider publicto have access to information about thenature of their activities, profits made,subsidies received, their fixed assets, theirstated capital and the taxes they pay in thejurisdictions where they operate;

Or. en




12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinational enterprises(MNE’s) as it would allow the widerpublic to have access to information aboutthe profits made, subsidies received andthe taxes they pay in the jurisdictionswhere they operate;

12. Notes the need for ambitiouscountry-by-country reporting and forautomatic exchange of the informationconcerned between tax authorities in orderto enhance the transparency and publicscrutiny of multinational enterprises(MNE’s) and thus ensure that thesebusinesses pay taxes in the jurisdictionswhere they operate;

Or. fr

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12. Welcomes the new legislationadopted in the past two years as a reactionto LuxLeaks; welcomes dedication of theEU to OECD BEPS project; calls onMember States to swiftly implement EUlegislation into its legal system and ensureits enforcement;

Or. en





12. Underlines the need of anambitious policy of public country-by-country reporting for all large companiesin order to enhance tax transparency andpublic scrutiny of multinational enterprises(MNE’s) as it would allow the wider publicto have access to information about theprofits made, subsidies received and thetaxes they paid in the jurisdictions wherethey operate;

Or. en

Amendment 154

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Sajjad Karim




12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinational enterprises(MNE’s) as it would allow the wider publicto have access to information about theprofits made and the taxes they pay in thejurisdictions where they operate;

Or. en





12. Calls for the need of an ambitiouspublic country-by-country reporting inorder to enhance tax transparency andpublic scrutiny of multinational enterprises(MNE’s) as it would allow the wider publicto have access to information about theprofits made and the taxes they pay in thejurisdictions where they operate;

Or. en

Amendment 156Maite Pagazaurtundúa Ruiz, Petras Auštrevičius


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12 a. Calls on the Commission to reviewthe existing legislation on mandatoryautomatic exchange of information in thefield of taxation. The obligation tocontribute to the country-by-countryreports only for those multinationals thatexcess the threshold of 750 million eurosexcludes almost the 90% ofmultinationals.

Or. en




12 a. Underscores that public CBCRwill allow investors and shareholders totake into account companies tax policieswhen intervening in the shareholdersmeetings and taking investment decisions;

Or. en

Amendment 158Miguel Urbán Crespo, Miguel Viegas, Fabio De Masi, Stelios Kouloglou, Marina AlbiolGuzmán, Curzio Maltese, Patrick Le Hyaric



12 a. Calls for harmonization of taxablebases or for a convergence process ofeffective rates at a minimum level of 25%throughout the EU;

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Or. en

Amendment 159Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Sergio Gaetano Cofferati



12 b. Reminds that tax informationshould become an essential component offinancial reporting from corporations;

Or. en

Amendment 160Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Sergio Gaetano Cofferati,Hugues Bayet, Ana Gomes, Evelyn Regner, Elly Schlein, Emmanuel Maurel



12 c. Underscores that public CBCRwill allow investors and shareholders totake into account companies tax policieswhen intervening in the shareholdersmeetings and taking investment decisions;

Or. en

Amendment 161Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Sergio Gaetano Cofferati,Tibor Szanyi, Hugues Bayet, Evelyn Regner, Emilian Pavel, Emmanuel Maurel



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12 d. Reminds that tax informationshould become an essential component offinancial reporting from corporations;

Or. en




13. Urges the Council to rapidly agreeon the two steps of the CommonCorporate Consolidated Tax Base to solvethe issue of transfer pricing and to ensurea more fair competition in the singlemarket by greater harmonisation of thecorporate tax bases in the EU;

deleted

Or. fr





deleted

Or. en

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deleted

Or. en

Amendment 165Hugues Bayet, Evelyn Regner, Pervenche Berès, Ramón Jáuregui Atondo, EmmanuelMaurel, Elly Schlein, Virginie Rozière, Ana Gomes, Peter Simon, Marju Lauristin



13. Urges the Council to rapidly agreeon the two steps of the Common CorporateConsolidated Tax Base to solve the issue oftransfer pricing and to ensure a more faircompetition in the single market by greaterharmonisation of the corporate tax bases inthe EU;

13. 13. Urges the Council to rapidlyagree on the two steps of the CommonCorporate Consolidated Tax Base to solvethe issue of transfer pricing, artificialprofit shifting and the creation of shellcompanies in order to ensure a more faircompetition in the single market by greaterharmonisation of the corporate tax bases inthe EU; Insists on the introduction of anambitious minimum effective tax rate formultinational corporations at theEuropean level to ensure a minimumfloor on tax competition and to avoid arace to the bottom in tax rates; asks for amandatory application threshold lowerthan EUR 750 million of annualconsolidated turnover; recalls theimportance of a fair and equitabledistribution of tax contributions so as not

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to put the entire burden of financingpublic services on the citizens; points outthat both phases are part of the sameinitiative, and encourages the Council toadopt them jointly and without delay.

Or. en





13. Urges the Council to reach a rapidand ambitious agreement on the two stepsof the Common Corporate ConsolidatedTax Base to solve the issue of transferpricing and to ensure a more faircompetition in the single market by greaterharmonisation of the corporate tax bases inthe EU; in order for the CommonCorporate Consolidated Tax Base toeffectively combat aggressive tax planningpractices and profit-shifting inside andoutside the EU, calls for the new system tobe applied compulsorily to allmultinational companies with an annualturnover over EUR 40 million establishedin the EU, and to all third countryundertakings operating in the EU viatheir own branches and subsidiaries;

Or. it



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13. Urges the Council to rapidly agreeon both steps of the Common CorporateConsolidated Tax Base to solve the issue oftransfer pricing and to that fair competitionin the single market is protected throughgreater harmonisation of the corporate taxbases in the EU; Calls on the MemberStates to adopt a European bindingdefinition of a permanent establishment,with specific consideration for itsapplication in the digital economy;

Or. en





13. Urges the Council to rapidly agreeon the two steps of the Common CorporateConsolidated Tax Base to reduce cost oftax compliance for firms in the EU;recalls that in addition to cost reductionfor firms and lower cost of taxadministration for Member states, itwould solve the issue of transfer pricingand ensure fairer competition within theSingle market by greater harmonisation ofthe corporate tax bases in the EU;

Or. en



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13. Urges the Council to rapidly agreeon the two steps of the Common CorporateConsolidated Tax Base to solve the issue oftransfer pricing and to ensure a more faircompetition in the single market by greaterharmonisation of the corporate tax bases inthe EU; stresses that harmonisation of taxbases is the only solution with a view toputting an end to tax optimism and taxplanning by legal means;

Or. fr

Amendment 170Paul Tang




13. Urges the Council to rapidly agreeon the two steps of the Common CorporateConsolidated Tax Base to solve the issue oftransfer pricing and to address the taxchallenges of the digital economy, inorder to ensure a more fair competition inthe single market by greater harmonisationof the corporate tax bases in the EU;

Or. en




13. Urges the Council to rapidly agreeon the two steps of the Common Corporate

13. Urges the Council to reach anagreement on the two steps of the

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Consolidated Tax Base to solve the issue oftransfer pricing and to ensure a more faircompetition in the single market by greaterharmonisation of the corporate tax bases inthe EU;

Common Corporate Consolidated TaxBase to solve the issue of transfer pricingand to ensure a more fair competition inthe single market by greater harmonisationof the corporate tax bases in the EU;

Or. en




13. Urges the Council to rapidly agreeon the two steps of the Common CorporateConsolidated Tax Base to solve the issue oftransfer pricing and to ensure a more faircompetition in the single market bygreater harmonisation of the corporate taxbases in the EU;

13. Urges the Council to continue itswork on the Common CorporateConsolidated Tax Base proposal to seek toaddress the issue of transfer pricing and toassess whether harmonisation of corporatetax bases in the EU is necessary;

Or. en




13 a. Encourages the Commission andMember States to move towards far moreambitious reforms in the field of taxation,so as to remove tax competition amongMember States; urges the Commissionand Member States to follow therecommendations of the IndependentCommission for the Reform ofInternational Corporate Taxation andagree on a minimum effective corporate

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tax rate, as well as on a policy of grantingtax breaks sparingly and only on localcosts to support new productiveinvestment; further recommends that allMember States end special tax treatmentfor foreign and/or large companies andindividuals, and publish agreementsalready in place;

Or. en

Amendment 174Matt Carthy, Miguel Urbán Crespo, Fabio De Masi, Miguel Viegas, Marina AlbiolGuzmán, Patrick Le Hyaric, Stelios Kouloglou, Curzio Maltese



13 a. Stresses that for unitary taxationto work as a means to end profit-shiftingit needs to be global, and thatimplementing the CCCTB at an EU levelruns the risk that current losses from EUmembers to the rest of world could belocked in, as could the exploitation of therest of the world by some Member States;notes that an EU-only approach couldeliminate the incentives to profit shiftwithin the EU, but exacerbate theincentives and opportunity to profit shiftout of the EU;

Or. en



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13 a. Recalls its recommendations toensure automatic exchange ofinformation on tax rulings to be extendedto all rulings and for the Commission toget access to all relevant information, inorder to respect for European competitionrules 1a;

_________________1a European Parliament report on“Bringing transparency, coordination andconvergence to corporate tax policies inthe Union”, A4

Or. en

Amendment 176Hugues Bayet, Emmanuel Maurel, Sergio Gaetano Cofferati, Evelyn Regner, Paul Tang,Pervenche Berès, Peter Simon



13 a. Calls for a part of the CCCTB'sincome to be allocated as an own resourceto finance Union priorities (investmentprojects, Horizon 2020, etc.)

Or. en




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13 b. Calls on the Commission topresent as soon as possible a legislativeproposal to revise the DAC in order toenhance greater tax cooperation betweenEuropean Member States through anobligation to answer group requests in taxmatters so that one European country canprovide all information necessary toothers to prosecute cross-border taxevaders; Recalls the European Parliamentproposal to amend the DAC to improveMember States’ coordination on taxaudits 1a;

_________________1a European Parliament report on“Bringing transparency, coordination andconvergence to corporate tax policies inthe Union” B5

Or. en




13 b. Notes that the Commission'sCCTB and CCCTB proposal only appliesto group affiliates and permanentestablishments within the EU and itincludes only limited measures to preventprofit-shifting income to affiliates outsidethe EU, mainly through the CFCprovision similar to the ATAD; believesthat one option to deal with this problemis to extend this provision to include allforeign income;

Or. en

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13 b. Takes the view that tax reformsshall always enable citizen scrutiny andprovide civil society access, informationand training to productively engage in theframing of those policies, which is notcurrent practice;

Or. en




13 c. 13c.Calls on the Commission topresent a legislative proposal to tacklemismatches and loopholes related totaxation of image rights; calls on theCommission to assess football transfers inlight of EU competition and anti-trustrules; suggest to evaluate the impact offootballers’ cross-border transfers onrevenue collection by Member States andto present any measure deemed relevantto address this issue, including on the roleof intermediaries facilitating suchtransfers;

Or. en

Amendment 181

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Matt Carthy, Miguel Urbán Crespo, Fabio De Masi, Miguel Viegas, Marina AlbiolGuzmán, Patrick Le Hyaric, Stelios Kouloglou, Curzio Maltese



13 c. Urges the Commission to clarifywhether the Anti Tax Avoidance Directivehas been linked to the CCCTB in such away as to make its provisions themaximum anti-tax avoidance measuresthan Member States can implement;believes that this would be anunacceptable development if this is thecase;

Or. en




13 c. Stresses, in addition, that taxlegislation, at the national or Europeanlevel, must be simplified and drafted in away to make it accessible to any citizen toavoid the complexity that serves the tax-dodging industry;

Or. en



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13 d. Calls on the Commission to putforward a revision of Directive2014/24/EU of the European Parliamentand of the Council of 26 February 2014on public procurement which takes intoaccount measures to prevent publicadministrations to work with companiesthat use tax havens

Or. en




13 d. Notes with concern that significantdeclines in corporate tax bases across theEU would result from loss consolidation,likely with no correspondingly largebenefit if there was no switch to unitarytaxation and formula apportionment atsame time;

Or. en


Draft motion for a resolutionParagraph 13 e (new)


13 e. Believes that in proceeding withthe CCTB and CCCTB proposals, it isvital that the accounting base is consistent

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in calculating the tax base within a group– otherwise accounting arbitrage will justreplace existing tax tricks;

Or. en


Draft motion for a resolutionParagraph 13 e (new)


13 e. Calls on the Commission topresent in 2018 new tax proposals underArticle 116 of the TFEU, for example onunfinished business under the Code ofConduct Group on Business Taxation;

Or. en




14. Calls on the Commission to initiatea comprehensive evaluation of the 19 yearsof work of the Code of Conduct Group ofBusiness Taxation focusing on the resultsachieved regarding the prevention of cross-border harmful corporate tax regimes;

14. Calls on the Commission to initiatea comprehensive evaluation of the 19 yearsof work of the Code of Conduct Group ofBusiness Taxation focusing on the resultsachieved regarding the prevention of cross-border harmful corporate tax regimes inthe form of a public report; Calls on theCommission to compile the harmfulregimes on which the Code of ConductGroup has not been able to agree on

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taking action to date and publish this list;Calls on the Commission by 2020 toassess the impact of the nexus approachcompliant patent box regimes and toquantify if possible their impact oninnovation and loss of tax collection;

Or. en





14. Calls on the Commission to initiatea comprehensive evaluation of the 19 yearsof work of the Code of Conduct Group forBusiness Taxation focusing on the resultsachieved regarding the prevention of cross-border harmful corporate tax regimes;based on the findings, calls for a reformof the Code of Conduct Group leading togreater transparency and efficiency oftheir work as the Group must play thecentral role in EU effort to improve thisarea.

Or. en




14. Calls on the Commission to initiatea comprehensive evaluation of the 19 yearsof work of the Code of Conduct Group ofBusiness Taxation focusing on the results

14. Calls on the Commission to initiatea comprehensive evaluation of the 19 yearsof work of the Code of Conduct Group ofBusiness Taxation focusing on

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achieved regarding the prevention of cross-border harmful corporate tax regimes;

establishing responsibilities for the failureto achieve tangible results regarding theprevention of cross-border harmfulcorporate tax regimes;

Or. it





14. Calls on the Commission to initiatea comprehensive evaluation of the 19 yearsof work of the Code of Conduct Group ofBusiness Taxation focusing on the resultsachieved regarding the prevention of cross-border harmful corporate tax regimes;Calls the European Parliament to acquirecompetences of control andaccountability.

Or. en





14. Calls on the Commission to initiatea critical evaluation of the 19 years ofwork of the Code of Conduct Group ofBusiness Taxation focusing on the resultsachieved regarding the prevention of cross-border harmful corporate tax regimes, andto draw all the logical conclusionsregarding the need to review that group;

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Or. fr

Amendment 192Evelyn Regner, Peter Simon, Emmanuel Maurel, Elly Schlein, Sergio Gaetano Cofferati,Tibor Szanyi, Hugues Bayet, Paul Tang




14. Calls on the Commission to initiatea comprehensive and transparentevaluation of the 19 years of work of theCode of Conduct Group of BusinessTaxation focusing on the results achievedregarding the prevention of cross-borderharmful corporate tax regimes;

Or. en




15. Calls on the Commission to launcha broad evaluation on harmful taxmeasures in the Member States and thecounter measures in place;

deleted

Or. en

Amendment 194Sergio Gaetano Cofferati, Emmanuel Maurel, Elly Schlein, Hugues Bayet, JuanFernando López Aguilar, Ana Gomes, Evelyn Regner, Peter Simon, Nessa Childers


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15. Underlines that several MemberStates have introduced harmful taxmeasures; stresses that harmful taxmeasures may also consist in provisionsrelating to the taxation of individuals,such as, for example, provisions explicitlydesigned to attract high worth individualsby providing them with advantagescompared to other taxpayers, to thedetriment of other countries’ revenues;calls on the Commission to launch a broadevaluation on harmful tax measures in theMember States and to tackle any suchmeasure identified;

Or. en





15. Calls on the Commission to launcha broad evaluation on harmful taxmeasures in the Member States and thecounter measures in place; underscores theneed to provide special attention toharmful tax practices ever more used,such the abuse of patent boxes,derivatives, SWAPs, etc. deployed with theobjective of tax avoidance;

Or. en

Amendment 196Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Hugues Bayet, Ana Gomes,Evelyn Regner, Emmanuel Maurel, Pervenche Berès


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Paragraph 15



15. Calls on the Commission to launcha broad evaluation on harmful taxmeasures in the Member States and thecounter measures in place; underscores theneed to provide special attention toharmful tax practices ever more used,such the abuse of patent boxes,derivatives, SWAPs, etc. deployed with theobjective of tax avoidance;

Or. en





15. Calls on the Commission, incooperation with tax authorities, to launcha broad evaluation on harmful taxmeasures in the Member States, the typesof categories of most-common facilitators,resource allocations and the countermeasures in place;

Or. en




15. Calls on the Commission to launch 15. Calls on the Commission to launch

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a broad evaluation on harmful taxmeasures in the Member States and thecounter measures in place;

a broad evaluation of harmful tax measuresin the Member States and the countermeasures in place, as well as on thespillover effects of these measures onother jurisdictions;

Or. en





15. Calls on the Commission to launcha broad evaluation on harmful taxmeasures in the Member States that distortcompetition and the counter measures inplace;

Or. de





15. Calls on the Commission to launcha broad evaluation of potentially harmfultax measures in the Member States and ofthe counter-measures in place;

Or. en


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15. Calls on the Commission to launcha broad evaluation on potentially harmfultax measures in the Member States and thecounter measures in place;

Or. sl





15. Urges the Member States toconsider a broad evaluation on taxmeasures in the Member States and thecounter measures in place;

Or. en




15a. calls on the Commission toconduct an urgent review of the rules onstate aid regarding the provisionsgoverning the recovery of aid frombeneficiaries of illegal tax advantages;points out that the application of the rulesto illegal aid in the field of taxation, suchas tax rulings concluded withmultinationals, is paradoxical in that it isprecisely the country that has granted the

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undue tax advantages that recovers andreceives the unpaid taxes, rather than theMember States that have lost revenue as aresult of those harmful tax practices;emphasises that the current recoverymechanism unfairly rewards, twiceover, the country responsible for theinfringement, and therefore fails torespond satisfactorily to the problemof illegal tax aid; calls on the Commissionto establish satisfactory mechanisms forthe distribution of recovered aid to theMember States concerned and to this endto develop appropriate methodologiesfor quantifying the revenue lost in thevarious Member States; calls also foreffective and dissuasive sanctions againstMember States that grant illegal tax aid;

Or. it




15 a. Calls on the Commission topresent a legislative proposal to revise theCompany Law Directive in order toaddress the issue of cross-borderconversions and provide clear rules on thetransfer of a company's headquarter inthe EU, to prevent misuse for aggressivetax avoidance purposes;

Or. en

Amendment 205

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Matt Carthy, Miguel Urbán Crespo, Fabio De Masi, Miguel Viegas, Marina AlbiolGuzmán, Patrick Le Hyaric, Stelios Kouloglou, Curzio Maltese, Takis Hadjigeorgiou



15 a. Welcomes the Commission's stateaid findings in August 2016 that Irelandillegally granted €13 billion in undue taxrelief to Apple; questions the Irishgovernment's decision to appeal againstthis decision in an attempt not to collectthe owed sum;

Or. en




15 a. Calls on the Commission to stopencouraging tax competition in anattempt to attract foreign investment asthe effectiveness of this strategy has beengreatly questioned;

Or. en

Amendment 207Enrique Calvet Chambon, Petras Auštrevičius, Frédérique Ries, Louis Michel



15 a. Calls on the Commission to draft aproposal to harmonize company law to

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counter letterbox companies especially tohelp defining cross-border situations;

Or. en




15 b. Calls on the Commission towithdraw its legislative proposal for aDirective on single-member privatelimited liability companies;

Or. en




15 c. Calls on the Member States toreach a political agreement on applying aminimum effective tax rate in Europe, atleast in a revised Interest & RoyaltyDirective;

Or. en

Amendment 210

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Molly Scott Cato, Eva Joly, Sven Giegold, Pascal Durand, Ernest Urtasun, HeidiHautala, Michel Reimon, Jordi Soléon behalf of the Verts/ALE Group



16. Calls on the Members States to stopthe use of any form of tax amnesties thatcan lead to money laundering and taxevasion;

16. Calls on Members States to stop theuse of any form of tax amnesties that canlead to money laundering and tax evasion;Calls on Members States to stop investorvisa programmes or similar programmeswhich allow a residence permit to beobtained in exchange for an investment inthe jurisdiction; calls on Member States toenact legislation requiring the tax payerto prove that taxes have been paid,otherwise funds are declared as blackmoney and confiscated;

Or. en

Amendment 211Ana Gomes, Emmanuel Maurel, Sergio Gaetano Cofferati, Hugues Bayet, EvelynRegner, Peter Simon




16. Calls on the Members States to stopthe use of any form of tax amnesties thatcan lead to money laundering and taxevasion or that can prevent nationalauthorities from using the data providedto pursue financial crime investigations;

Or. en


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16. Calls on the Members States to stopthe use of any form of tax amnesties thatcan lead to money laundering and taxevasion or encourage tax avoidance;

Or. it

Amendment 213Emilian Pavel, Emmanuel Maurel, Tibor Szanyi, Peter Simon




16. Calls on the Members States to stopthe use of any form of tax amnesties thatcan lead to money laundering, taxavoidance and tax evasion;

Or. en





16. Calls on the Members States tothoroughly scrutinize the use of any formof tax amnesties that might lead to moneylaundering and tax evasion;

Or. en

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16. Calls on the Members States toidentify and stop the use of harmful taxamnesties that can lead to money-laundering and tax evasion;

Or. en





16. Calls on the Members States to stopthe use of any form of tax amnesties sincethey foster money laundering and taxevasion;

Or. en

Amendment 217Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Emmanuel Maurel




16. Calls on the Members States to stopthe use of any form of tax amnesties sincethey foster money laundering and taxevasion;

Or. en

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16 a. Notes that in the final version ofthe Anti-Tax Avoidance DirectiveMember States are provided with twooptions for implementing CFC rules - toeither tax interest, royalties and otherrelevant types of income of all low-taxforeign subsidiaries, or alternatively to taxincome of low-tax subsidiaries arisingfrom non-genuine arrangements whichhave been put in place for the essentialpurpose of obtaining a tax advantage;believes the second option is very weakand open to abuse, because it onlyprotects against profit-shifting out of thehome country and requires the taxauthority to analyse many individualtransactions of low-tax subsidiaries; callson Member States to implement thestrongest possible CFC rules under theATAD;

Or. en




16 a. [new para following para 16]

Is concerned that double taxation orunjustified penalties can be anunintended consequence of the ambition

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to increase tax collection; calls on theCommission to review whether there areadequate procedures in place that protecthonest tax payers from the risk of doubletaxation and unjustified penalties;emphasises that this is particularlyharmful for SMEs operating cross-border.

Or. en




16 a. Shows its concern regarding theUS administration´s intentions to promotetax breaks for large corporations andfinancial deregulation; calls on theCommission to closely monitor theproposed tax reform in the US, known asBlue Print, and the possibility of theimplementation in this country of a taxamnesty in order to allow the repatriationof profits by large technologicalcompanies at a very low tax rate;

Or. en




16 a. Calls on Member States toreinforce their tax administrations withadequate staff capacity in order to ensure

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the effective collection of tax revenuesand address harmful tax practices, giventhat lack of resources and staff cuts, inaddition to lack of adequate training,technical tools and investigative powers,have seriously hampered taxadministrations in some Member States;

Or. en

Amendment 222Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Tibor Szanyi, Ana Gomes,Evelyn Regner, Paul Tang, Emmanuel Maurel



16 b. Shows its concern regarding theUS administration´s intentions to promotetax breaks for large corporations andfinancial deregulation; calls on theCommission to closely monitor theproposed tax reform in the US, known asBlue Print, and the possibility of theimplementation in this country of a taxamnesty in order to allow the repatriationof profits by large technologicalcompanies at a very low tax rate;

Or. en




16 b. Notes with concern that one of themost harmful and notorious tax

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avoidance schemes in the EU, the so-called Double Irish structure, can stillremain in place beyond its phase-out dateof 2020 by provisions within many doubletaxation treaties between Ireland andother countries including tax havens;calls on the Irish government to review itsnetwork of DTTs in order to remove thisprovision;

Or. en




16 c. Notes that the Irish CentralStatistics Office stated that corporateinversions by US multinationals were amajor contributing factor to the state'sreported 26% growth rate in GDP in2015;urges all Member States to ensurean end corporate tax inversions, in whicha multinational corporation "relocates"its headquarters by purchasing a smalleroverseas corporation for tax avoidancepurposes;

Or. en




17. Deplores the lack of statistics on 17. Deplores the lack of statistics on

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the magnitude of tax avoidance andevasion; stresses the importance ofdeveloping methods to quantify the impactof these activities on countries’ publicfinances and economic activities;

the magnitude of tax avoidance andevasion; stresses the importance ofdeveloping appropriate and transparentmethodologies to quantify the scale ofthese phenomenon, as well as the impactof these activities on countries’ publicfinances and economic activities;emphasises that it is important for all thestatistics and data gathered in this way tobe comparable and fully accessible to thepublic;

Or. it

Amendment 226Thierry Cornillet, Nils Torvalds, Maite Pagazaurtundúa Ruiz, Enrique CalvetChambon, Petras Auštrevičius, Ramon Tremosa i Balcells, Lieve Wierinck



17. Deplores the lack of statistics onthe magnitude of tax avoidance andevasion; stresses the importance ofdeveloping methods to quantify the impactof these activities on countries’ publicfinances and economic activities;

17. Deplores the lack of statistics onthe magnitude of tax avoidance andevasion; stresses the importance ofdeveloping methods to quantify the impactof these activities on countries’ publicfinances and economic activities; notesthat such information would be usefulwhen assessing the actions required in theframework of the Stability and Growthpact;

Or. en




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17. stresses the importance ofdeveloping methods to quantify the impactof these activities on countries’ publicfinances and economic activities;

Or. en





17. Deplores the lack of statistics onthe magnitude of tax avoidance andevasion; stresses the importance ofdeveloping methods to quantify the impactof these activities on countries’ publicfinances and economic activities andpublic investment;

Or. en





17. Deplores the lack of reliablestatistics on the magnitude of taxavoidance and evasion; stresses theimportance of developing methods toquantify the impact of these activities oncountries’ public finances and economicactivities;

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Or. en





17. Deplores the lack ofunbiased statistics on the magnitude of taxavoidance and evasion; stresses theimportance of developing methods toquantify the impact of these activities oncountries’ public finances and economicactivities;

Or. en

Amendment 231Emilian Pavel, Emmanuel Maurel, Tibor Szanyi, Peter Simon




17. Deplores the lack of statistics onthe magnitude of tax avoidance and taxevasion; stresses the importance ofdeveloping methods to quantify the impactof these activities on countries’ publicfinances and economic activities;

Or. en



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17. Regrets the lack of statistics on themagnitude of tax avoidance and evasion;stresses the importance of developingmethods to quantify the impact of theseactivities on countries’ public finances andeconomic activities;

Or. en





17. Deplores the lack of statistics onthe magnitude of legal tax avoidance;stresses the importance of developingmethods to quantify the impact of theseactivities on countries’ public finances andeconomic activities;

Or. de




18. Calls on the Commission to clarifywhat is illegal and what is legal, even ifimmoral, in the framework of tax evasionand tax avoidance practices;

deleted

Or. sl

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deleted

Or. en





deleted

Or. en





deleted

Or. en

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18. Calls on the Commission to issueguidance on what is illegal and what isagainst the spirit of the law in theframework of tax evasion and taxavoidance practices; Calls on theCommission to present a proposal toensure that fines and pecuniary sanctionsreceived by tax dodgers andintermediaries are not tax-deductible;

Or. en

Amendment 239Thomas Mann




18. Calls on the Commission to clarifythe difference between tax evasion andtax avoidance, making a clear distinctionbetween illegal and legal practices; notesthat the objective should be to avoidillegal treating tax evasion and legal taxoptimisation in the same way;

Or. de

Amendment 240Evelyn Regner, Peter Simon, Emmanuel Maurel, Tibor Szanyi, Hugues Bayet

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18. Calls on the Commission to clarifywhat is illegal and what is legal, even ifimmoral, in the framework of tax evasionand tax avoidance practices in order toensure legal certainty for all partiesconcerned;

Or. en





18. Calls on the Commission toconsider a clarification on what is illegaland what is legal, in the framework of taxevasion and tax avoidance practices, in linewith global developments;

Or. en





18. Calls on the Commission andMember States to clarify what is illegaland what is legal, even if immoral, in theframework of tax evasion and taxavoidance practices;

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Or. it





18. Calls on the Commission to clarifywhat is illegal and what is legal or whatshould be considered as aggressive taxplanning;

Or. de

Amendment 244Sergio Gaetano Cofferati, Emmanuel Maurel, Marju Lauristin, Elly Schlein, HuguesBayet, Juan Fernando López Aguilar, Ana Gomes, Evelyn Regner, Paul Tang, PeterSimon, Pervenche Berès, Nessa Childers



18 a. Stresses that carrying out aresponsible tax strategy is to beconsidered a pillar of Corporate SocialResponsibility (CSR) and that tax evasion,tax avoidance and aggressive taxplanning practices are incompatible withCSR; reiterates its call on the Commissionto include this element in an updatedCorporate Social Responsibility EUstrategy;

Or. en


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19. Reiterates the call from the TAX2Committee for the creation of a newUnion Tax Policy Coherence andCoordination Centre (TPCCC) within thestructure of the Commission that canassess and monitor Member States’ taxpolicies at Union level and ensure that nonew harmful tax measures areimplemented by Member States;furthermore the TPCCC would be able tomonitor compliance of Member Stateswith the common Union list ofuncooperative jurisdictions in addition toensuring and fostering cooperationbetween national tax administrations (e.g.training and exchange of best practises);

deleted

Or. de




19. Reiterates the call from the TAX2Committee for the creation of a newUnion Tax Policy Coherence andCoordination Centre (TPCCC) within thestructure of the Commission that canassess and monitor Member States’ taxpolicies at Union level and ensure that nonew harmful tax measures areimplemented by Member States;furthermore the TPCCC would be able tomonitor compliance of Member Stateswith the common Union list ofuncooperative jurisdictions in addition toensuring and fostering cooperation

deleted

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between national tax administrations (e.g.training and exchange of best practises);

Or. it





deleted

Or. en




19. Reiterates the call from the TAX2Committee for the creation of a newUnion Tax Policy Coherence andCoordination Centre (TPCCC) within the

deleted

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structure of the Commission that canassess and monitor Member States’ taxpolicies at Union level and ensure that nonew harmful tax measures areimplemented by Member States;furthermore the TPCCC would be able tomonitor compliance of Member Stateswith the common Union list ofuncooperative jurisdictions in addition toensuring and fostering cooperationbetween national tax administrations (e.g.training and exchange of best practises);

Or. en





deleted

Or. en


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deleted

Or. sl




19. Reiterates the call from the TAX2Committee for the creation of a new UnionTax Policy Coherence and CoordinationCentre (TPCCC) within the structure of theCommission that can assess and monitorMember States’ tax policies at Union leveland ensure that no new harmful taxmeasures are implemented by MemberStates; furthermore the TPCCC would beable to monitor compliance of MemberStates with the common Union list ofuncooperative jurisdictions in addition toensuring and fostering cooperation

19. Reiterates the call from the TAX2Committee for the creation of a new UnionTax Policy Coherence and CoordinationCentre (TPCCC) within the structure of theCommission that can assess and monitorMember States’ tax policies at Union leveland ensure that no new harmful taxmeasures are implemented by MemberStates; furthermore the TPCCC shouldbecome an authentic European TaxAgency, being able to monitor complianceof Member States with the common Unionlist of uncooperative jurisdictions in

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between national tax administrations (e.g.training and exchange of best practises);

addition to ensuring and fosteringcooperation between national taxadministrations (e.g. training and exchangeof best practises);

Or. en




19. Reiterates the call from the TAX2Committee for the creation of a new UnionTax Policy Coherence and CoordinationCentre (TPCCC) within the structure of theCommission that can assess and monitorMember States’ tax policies at Union leveland ensure that no new harmful taxmeasures are implemented by MemberStates; furthermore the TPCCC would beable to monitor compliance of MemberStates with the common Union list ofuncooperative jurisdictions in addition toensuring and fostering cooperationbetween national tax administrations (e.g.training and exchange of best practises);

19. Reiterates the call from the TAX2Committee for the creation of a new UnionTax Policy Coherence and CoordinationCentre (TPCCC) within the structure of theCommission that can assess and monitorMember States’ tax policies at Union leveland ensure that no new tax measures thatdistort competition are implemented byMember States; furthermore the TPCCCwould be able to monitor compliance ofMember States with the common Unionlist of uncooperative jurisdictions inaddition to ensuring and fosteringcooperation between national taxadministrations (e.g. training and exchangeof best practises);

Or. de




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19. Reiterates the call from the TAX2Committee for the creation of a new UnionTax Policy Coherence and CoordinationCentre (TPCCC) within the structure of theCommission that can assess and monitorMember States’ tax policies at Union leveland ensure that no new harmful taxmeasures are implemented by MemberStates; furthermore the TPCCC would beable to monitor compliance of MemberStates with the common Union list ofuncooperative jurisdictions in addition toensuring and fostering cooperationbetween national tax administrations (e.g.training and exchange of best practises);

19. Reiterates the call from the TAX2Committee for the creation of a new UnionTax Policy Coherence and CoordinationCentre (TPCCC) within the structure of theCommission that can assess and monitorMember States’ tax policies at Union leveland ensure that no new harmful taxmeasures are implemented by MemberStates; Suggests that such TPCCC wouldbe able to monitor compliance of MemberStates with the common Union list ofuncooperative jurisdictions in addition toensuring and fostering cooperationbetween national tax administrations (e.g.training and exchange of best practises);

Or. en

Amendment 254Maite Pagazaurtundúa Ruiz, Petras Auštrevičius, Nils Torvalds



19 a. Reiterates warnings made by theTAXE1 Committee by which grantingeach Member State a veto right in taxmatters, the unanimity rule within theCouncil reduces the incentive to movefrom the status quo towards a morecooperative solution. Reiterates its call onthe Commission to use the procedure laiddown in Article 116 TFEU which makespossible to change the unanimityrequirement in case the Commission findsthat a difference between the provisionslaid down by law, regulation oradministrative action in Member States isdistorting the conditions of competition inthe internal market.

Or. en

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Amendment 255Evelyn Regner, Peter Simon, Emmanuel Maurel, Sergio Gaetano Cofferati, TiborSzanyi, Hugues Bayet, Ana Gomes



19 a. Calls on the Commission toevaluate the current EU-Company Lawand review its studies that has beenconducted before the Panama-Papersrevelation and its currently and futureplanned proposals applicable tocompanies with regard to their impact ontax evasion and the possibility to createstructures in order to minimise andcircumvent companies’ tax obligations aswell as social and legal standards;

Or. en




19 a. Reiterates the recommendationsfrom the Parliament 1a for the creation ofa catalogue of counter-measures theUnion and Member States should apply asshareholders and financers of publicbodies, banks and funding programmes,to be applied to companies which use taxhavens in order to put in place aggressivetax planning schemes and therefore donot comply with Union tax goodgovernance standards.

_________________

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1a European Parliament report on“Bringing transparency, coordination andconvergence to corporate tax policies inthe Union”

Or. en

Amendment 257Enrique Calvet Chambon, Petras Auštrevičius, Frédérique Ries, Louis Michel



19 a. Calls on the EuropeanCommission to establish a European taxinspectorate as a strong tool against taxevasion, tax avoidance and anti-moneylaundering that will evaluate and adviceon the implementation of relevantlegislation and on its enforcement andcompliance across Member States.

Or. en

Amendment 258Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Sergio Gaetano Cofferati



19 a. Calls to companies to make thefull fulfilment of tax obligations withoutany kind of tax avoidance an integral partof their Corporate Social Responsibility;

Or. en

Amendment 259

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19 b. Reiterates its call to theCommission to amend Europeanlegislation, including those concerningthe European Investment Bank (EIB)Statute, the European Fund for StrategicInvestment (EFSI) regulation, the fourCommon Agricultural Policy (CAP)Regulations, and the five EuropeanStructural and Investment Funds(European Regional Development Fund,European Social Fund, Cohesion Fund,European Agricultural Fund for RuralDevelopment, European Maritime andFisheries Fund) to prohibit the use of EUfunding going to ultimate beneficiaries orfinancial intermediaries proven to beinvolved in tax evasion or aggressive taxplanning;

Or. en

Amendment 260Evelyn Regner, Peter Simon, Emmanuel Maurel, Marju Lauristin, Sergio GaetanoCofferati, Hugues Bayet, Ana Gomes



19 b. Calls on the Commission and theCouncil to create a mandatorystandardised public European BusinessRegister in order to gain up-to-date andtrustworthy information on companiesand to achieve transparency via cross-border access to comparable and reliable

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information of companies in the EU;

Or. en

Amendment 261Evelyn Regner, Sergio Gaetano Cofferati, Peter Simon, Emmanuel Maurel, Elly Schlein,Hugues Bayet, Ana Gomes



19 c. Calls on the Commission to banthe possibility to create shell companies,the so-called „letterbox companies“ whichplay a crucial role in the creation ofcorporate structures used for tax evasionand forum shopping; calls therefore onthe Commission to withdraw the proposalof the directive on Single-Member PrivateLimited Liability Companies (SUP) whichenables to register letterbox companiesonline without verifying the identity of thecompany founder, to safeguard that anycomparable proposal on onlineregistration for companies bans anypossibility to create letterbox companies;recalls on the Commission to present aproposal for a 14th Company LawDirective, which would set clear rules forthe cross-border transfer of a company’sseat in order to prevent any misuse orcreation of letterbox companies by cross-border conventions, mergers or divisions;in this respect calls, inter alia, for anobligation for each legal entity toannually pay an adequate fee and file areport with information on its activitiesand beneficiaries;

Or. en

Amendment 262

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19 c. Calls on the Commission to refrainfrom concluding trade agreements withjurisdictions defined by the EU as taxhavens;

Or. en




20. Regrets that DAC provisions werenot implemented effectively and that theamount of information exchanged was verylow; recalls that automatic exchange ofinformation between tax authorities is keyfor the Member States to ensure mutualassistance in collecting tax revenues and tocreate a level-playing field;

20. Regrets that DAC provisions werenot implemented effectively and that theamount of spontaneous informationexchanged was very low; recalls thatautomatic exchange of informationbetween tax authorities is key for theMember States to ensure mutual assistancein collecting tax revenues and to create alevel-playing field; calls on the EuropeanCommission to put forward proposals toenhance greater tax cooperation betweenEuropean Member States through anobligation to answer group requests in taxmatters so that one European country canprovide all information necessary toothers to prosecute cross-border taxevaders;

Or. en

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20. Regrets that Directive foradministrative cooperation (DAC)provisions, which were in force during thetime covered by Panama Papersrevelations, were not implementedeffectively and that the amount ofinformation exchanged was low; recallsthat automatic exchange of informationbetween tax authorities is key for theMember States to ensure mutual assistancein collecting tax revenues and to create alevel-playing field;

Or. en





20. Regrets that DAC provisions werenot implemented effectively and that theamount of information and rulingsexchanged was very low; recalls thatautomatic exchange of informationbetween tax authorities is key for theMember States to ensure mutual assistancein collecting tax revenues and to create alevel-playing field;

Or. en

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20 a. Is very concerned that the numberof tax rulings granted by Member Statesto multinationals has increased in recentyears, notwithstanding the social alarmcreated by the LuxLeaks scandal;

Or. en

Amendment 267Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Sergio Gaetano Cofferati,Hugues Bayet, Ana Gomes, Emmanuel Maurel, Tibor Szanyi



20 b. Is very concerned that the numberof tax rulings granted by Member Statesto multinationals has increased in recentyears, notwithstanding the social alarmcreated by the LuxLeaks scandal;

Or. en




21. Insists that the Commission shouldhave access to all the information

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exchanged under DAC in order toproperly monitor the implementationthereof;

Or. fr




21. Insists that the Commission shouldhave access to all the informationexchanged under DAC in order to properlymonitor the implementation thereof;

21. Insists that the Commission shouldhave access to all the informationexchanged under DAC in order to properlymonitor the implementation thereof; this isparticularly needed in the case of taxrulings, which should be stored in acentral registry managed by theCommission, given its exclusivecompetence in the competition field;

Or. en

Amendment 270Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Hugues Bayet, Ana Gomes,Evelyn Regner, Marju Lauristin, Emmanuel Maurel




21. Insists that the Commission shouldhave access to all the informationexchanged under DAC in order to properlymonitor the implementation thereof; this isparticularly needed in the case of taxrulings, which should be stored in acentral registry managed by theCommission, given its exclusivecompetence in the competition field;

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Or. en





21. Insists that the Commission shouldhave access, under the condition ofconfidentiality and following the dataprotection rules, to all the informationexchanged under DAC in order to properlymonitor the implementation thereof;

Or. en





21. Insists that the Commission shouldhave access to all the informationexchanged under DAC in order to properlymonitor the implementation thereof, aswell as compliance with state aid rules;

Or. de




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21. Insists that the Commission andMember States should have full access toall the information exchanged under DACin order to properly monitor theimplementation thereof;

Or. it





21. Insists that the Commission shouldhave access to all the informationexchanged under DAC in order to properlymonitor and enforce the implementationthereof;

Or. en




22. Calls for a more effective globalexchange of information and urges forproper implementation of the CommonReporting Standards (CRS) provisions;calls on the need for reciprocity in theexchange of information between OECDand participating Members;

22. Calls for a more effective globalexchange of information and urges forproper implementation of the CommonReporting Standards (CRS) provisions;calls on the need for reciprocity in theexchange of information between OECDand participating Members but calls onMember States to authorise non-reciprocal automatic exchange withdeveloping countries while these

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jurisdictions are building their capacity;points out that the current CRS hasweaknesses and welcomes that the OECDis working on refining the standard tomake it more effective; calls on theCommission to contribute to closingidentified loopholes;

Or. en





22. Calls for a more effective globalexchange of information and urges forproper implementation of the CommonReporting Standards (CRS) provisions;calls on the need for reciprocity in theexchange of information among OECDMembers and between OECD Membersand participating non-Members;underlines the need for not just acommitment of countries to CRS, but alsoimplementation of the system andassurance of high quality of dataprovided; if necessary, system of sanctionsfor obliged entities not complying with theautomatic information exchange standardcould be considered;

Or. en



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22. Calls for a more effective globalexchange of information and urges forefficient and consistent implementation ofthe Common Reporting Standards (CRS)provisions; thereby urges the Commissionto perform peer reviews on compliancewith the CRS provisions; peer reviewsshould not only consider judicialframeworks but also practicalimplementation of the CRS provisions,such as sufficient availability of IT tools;calls on the need for reciprocity in theexchange of information between OECDand participating Members;

Or. en





22. Calls for a more effective globalexchange of information and urges forproper implementation of the CommonReporting Standards (CRS)provisions, moving from the name andshame policy under the peer reviewsystem to a sanctions regime; calls on theneed for reciprocity in the exchange ofinformation between OECD andparticipating Members, exceptingdeveloping countries that do nothost financial centres, which couldrequest a transition period in order toupgrade their capabilities;

Or. en

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Amendment 279Evelyn Regner, Peter Simon, Elly Schlein, Hugues Bayet, Emmanuel Maurel




22. Calls for a more effective globalexchange of information and urges forproper implementation of the CommonReporting Standards (CRS) provisions;calls on the Member States to supportdeveloping countries in theimplementation of these standards; callson the need for reciprocity in the exchangeof information between OECD andparticipating Members;

Or. en





22. Calls for a global exchange,treatment and use of information, whichinvolves the creation or improvement ofadministrative capacities; urges for properimplementation of the Common ReportingStandards (CRS) provisions; calls on theneed for reciprocity in the exchange ofinformation between OECD andparticipating Members;

Or. fr

Amendment 281Thierry Cornillet, Nils Torvalds, Maite Pagazaurtundúa Ruiz, Enrique CalvetChambon, Petras Auštrevičius, Ramon Tremosa i Balcells

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22. Calls for a more effective globalexchange of information and urges forproper implementation of the CommonReporting Standards (CRS) provisions;calls on the need for reciprocity in theexchange of information between OECDand participating Members; calls on theOECD to work on the enforcement of itsstandards by its members;

Or. en




22 a. Calls for enhanced publiccommercial registries, public country - by-country reporting, and public beneficialownership registries in order to overcomethe limitations imposed by the exchangeof information under the OECD’s‘Multilateral Convention to ImplementTax Treaty Related Measures to PreventBEPS’ of June 2017 which givescountries the choice of selecting partners,permitting in practice a bilateralism;

Or. en

Amendment 283Evelyn Regner, Peter Simon, Emmanuel Maurel, Marju Lauristin, Tibor Szanyi,Hugues Bayet, Ana Gomes

PE609.631v01-00 140/185 AM\1133562EN.docx

EN



22 a. Stresses that the mandatoryautomatic exchange of information inrelation to potentially aggressive taxplanning arrangements of a cross-borderdimension (DAC6) should not only beaccessible for tax authorities but also forthe general public;

Or. en




22 b. Calls on the EU to use theappropriate means to set up a soundcooperation and exchange of informationfor tax purposes among Member States'beneficial ownership, land andcommercial registers -which shouldcentralize public information-;and thecreation of an EU Register that will allowfor a better coordination at an EU andinternational scale ;

Or. en



AM\1133562EN.docx 141/185 PE609.631v01-00

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23. Calls on the Commission to putforward a legislative proposal for an EUFATCA ensuring reciprocity regardingexchange of information between the EUand third countries; underlines the needfor sanctions on financial institutionshaving European clients and notcomplying with automatic informationexchange standards;

deleted

Or. en

Amendment 286Emmanuel Maurel, Elly Schlein, Hugues Bayet, Ana Gomes, Emilian Pavel, PervencheBerès



23. Calls on the Commission to putforward a legislative proposal for an EUFATCA ensuring reciprocity regardingexchange of information between the EUand third countries; underlines the need forsanctions on financial institutions havingEuropean clients and not complying withautomatic information exchange standards;

23. Calls on the Commission to putforward a legislative proposal for an EUFATCA ensuring reciprocity regardingexchange of information between the EUand third countries; underlines the need forsanctions on financial institutions havingEuropean clients and not complying withautomatic information exchange standards;and calls on the Commission and theCouncil to make the Union a force ofproposal at the multilateral level for thegeneralization of the registers ofbeneficial owners in all tax jurisdictions;

Or. en


PE609.631v01-00 142/185 AM\1133562EN.docx

EN




23. Calls on the Commission to putforward a legislative proposal for an EUFATCA equivalent ensuring reciprocityregarding exchange of informationbetween the EU and third countries;underlines the need for deterrent sanctionson financial institutions having Europeanclients and not complying with automaticinformation exchange standards; Recallsits recommendation to introduce awithholding tax or measures with similareffect to avoid profits leaving the Unionuntaxed 1a;

_________________1a European Parliament report on“Bringing transparency, coordination andconvergence to corporate tax policies inthe Union” C10

Or. en





23. Calls on the Commission to putforward a legislative proposal for an EUFATCA ensuring reciprocity regardingexchange of information between the EUand third countries; underlines the need forsanctions on financial institutions havingEuropean clients and not complying withautomatic information exchange standards;considers that a dispute resolutionmechanism should be included in such a

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proposal in order to solve potentialconflicts between the EU and thirdcountries;

Or. en





23. Calls on the Commission to assess,whether implementation of EU-USAFATCA agreement is legally possible andrepresents an effective way of fighting taxfraud and money laundering;

Or. en





23. Calls on the Commission to putforward a legislative proposal for an EUFATCA ensuring reciprocity regardingexchange of information between the EUand third countries, particularly the UnitedStates; underlines the need for sanctions onfinancial institutions having Europeanclients and not complying with automaticinformation exchange standards;

PE609.631v01-00 144/185 AM\1133562EN.docx

EN

Or. fr





23. Calls on the Commission not to putforward a legislative proposal for an EUFATCA as the original US FATCA hasproven to be one of the worst pieces of USlegislation in the last decade, placingundue burden on international banks andcompanies and especially on US citizens;

Or. en




23a. Considers that the entities obligedto provide information to the taxauthorities must be the same as those inthe Anti-Money Laundering Directive,and more particularly: 1) creditinstitutions;2) financial institutions;3) thefollowing legal or natural persons, in theperformance of their professionalactivities: a) auditors, externalaccountants and tax advisers;(b) notariesand other independent legal professionals,where they participate, whether acting onbehalf of and for their client in anyfinancial or property transaction,or assisting in the planning or execution

AM\1133562EN.docx 145/185 PE609.631v01-00

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of transactions for their clientconcerning:(i) the purchase and sale ofproperty or business entities; (ii) themanagement of funds, securities or otherassets belonging to the client; (iii) theopening or managing of bank, savings orsecurities accounts; (iv) the organisationof the contributions needed to create,operate or manage undertakings; (v) thecreation, operation or management oftrusts, companies, foundations, or similarstructures; c) providers of trust andcorporate services not already coveredunder points (a) or (b);d) real estateagents; e) other persons trading in goods,only to the extent that payments are madeor received in cash and for amounts ofEUR 10 000 or more, whether in a singletransaction or in a series of apparently-linked transactions; f) providers ofgaming services.

Or. es




23 a. Calls on the Commission to makea proposal to recast DAC in order to havea consolidated text after the many ad-hocreforms since the LuxLeaks scandal;

Or. en

Amendment 294Ramón Jáuregui Atondo, Juan Fernando López Aguilar, Hugues Bayet, Ana Gomes,Emmanuel Maurel


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Paragraph 23 b (new)


23 b. Calls on the Commission to makea proposal to recast DAC in order to havea consolidated text after the many ad-hocreforms since the LuxLeaks scandal;

Or. en




24. Stresses that AMLD provisionsshould be effectively implemented by theMember States and the Commission shouldensure a proper enforcement;

24. Stresses that all AMLD provisionsshould be effectively implemented by theMember States and the Commission shouldensure a proper enforcement; Calls on theCommission to put in place a moreefficient monitoring system in addition tothe actual notification process; Calls onthe Commission to allocate moreresources to its taskforce to preventfinancial crimes;

Or. en




24. Stresses that AMLD provisionsshould be effectively implemented by theMember States and the Commission should

24. Stresses that AMLD provisionsshould be effectively and consistentlyimplemented by the Member States and the

AM\1133562EN.docx 147/185 PE609.631v01-00

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ensure a proper enforcement; Commission should ensure a properenforcement;

Or. en

Amendment 297Emilian Pavel



24. Stresses that AMLD provisionsshould be effectively implemented by theMember States and the Commission shouldensure a proper enforcement;

24. Stresses that AMLD provisionsshould be effectively implemented by theMember States and the Commission shouldensure a proper law enforcement;

Or. en

Amendment 298Monica Macovei, Theodor Dumitru Stolojan, Pirkko Ruohonen-Lerner, Fabio De Masi



24 a. Stresses that the EU AMLD legalframework should also fully ban bearershares given the fact that bearer sharesare instrumental for receiving, owningand transferring illicit moneyanonymously and a are very useful toolfor creating international schemes formoney laundering. They allow a systemwhich is more opaque than those innotorious tax havens such as, inter alia,Panama, Cayman Islands, DominicanRepublic or Lichtenstein.

Or. en

PE609.631v01-00 148/185 AM\1133562EN.docx

EN




24 a. Calls on the Commission to startinfringement procedures against MemberStates for non-compliance with Union lawevidenced by the Panama Papers andother leaks; calls on the Commission toreport on the necessity to replace the Anti-Money Laundering Directive by aRegulation so as to create a single legalarea and to eliminate any enforcementdeficits in Member States;

Or. en




24 a. Stresses that the EU AMLD legalframework should also fully ban bearershares given the fact that bearer sharesare instrumental for receiving, owningand transferring illicit moneyanonymously and a very useful tool forcreating international schemes for moneylaundering;

Or. en

Amendment 301

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Monica Macovei, Theodor Dumitru Stolojan, Pirkko Ruohonen-Lerner, MaitePagazaurtundúa Ruiz, Fabio De Masi, Miguel Urbán Crespo



24 b. Calls upon the Commission to putin place a mechanism of penalties againstthose Member States which allow “bearershares” with or without restrictions beforethe EU prohibition of bearer shares entersinto force;

Or. en




24 b. Calls upon the Commission to putin place a mechanism of penalties againstthose Member States which allow “bearershares” with or without restrictions beforethe EU prohibition of bearer shares entersinto force;

Or. en




25. Stresses the need for publicallyaccessible beneficial ownership (BO)

deleted

PE609.631v01-00 150/185 AM\1133562EN.docx

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registers and standardised registers ofBOs to prevent anonymity of ultimatebeneficial owners (UBOs); callsfurthermore for the creation of an EU BOregister;

Or. en




25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficialowners (UBOs); calls furthermore for thecreation of an EU BO register;

25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficialowners (UBOs); calls furthermore for thecreation of an EU BO register; in order toavoid malpractices, all the shareholdersmust be registered, avoiding thethresholds that allow the distribution ofshares among their members to evade themandatory registration. All FIUs musthave fully access to the registers.

Or. en




25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficialowners (UBOs); calls furthermore for the

25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOs,where necessary, to prevent anonymity ofultimate beneficial owners (UBOs);

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creation of an EU BO register; stresses that access to beneficialownership registers should be restrictedwhen the information concerns minors,legally incapable persons or where accesswould endanger the personal safety of theultimate beneficiary; calls furthermore forthe creation of an EU BO register;

Or. en





25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficialowners (UBOs); calls furthermore for thecreation of an EU BO register; these BOregisters should include information onaccounts, nominee intermediaries,managers, trustees, and it should beavailable to tax authorities and interestedparties;

Or. en




25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficial

25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers for commercial trusts and similarlegal arrangements where there is a

PE609.631v01-00 152/185 AM\1133562EN.docx

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owners (UBOs); calls furthermore for thecreation of an EU BO register;

proven legitimate interest and standardisedregisters of BOs to prevent anonymity ofultimate beneficial owners (UBOs), whilerespecting data privacy obligations; callsfurthermore for the creation of an EU BOregister;

Or. en





25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers for commercial trusts and similarlegal arrangements where there is aproven legitimate interest and standardisedregisters of BOs to prevent anonymity ofultimate beneficial owners (UBOs), whilerespecting data privacy obligations; callsfurthermore for the creation of an EU BOregister;

Or. en




25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers ofBOs to prevent anonymity of ultimatebeneficial owners (UBOs); callsfurthermore for the creation of an EU BO

25. Stresses the need for standardisedbeneficial ownership (BO) registers toprevent anonymity of ultimate beneficialowners (UBOs); calls furthermore for thecreation of an EU BO register; eventhough we are fully aware of the need for

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register; global action in this regard, with an EUBO register, the EU could play a leadingrole in this regard;

Or. en





25. Stresses the need for regularlyupdated publicly accessible beneficialownership (BO) registers and standardisedregisters of BOs to prevent anonymity ofultimate beneficial owners (UBOs),including foundations and trusts; callsfurthermore for the creation of an EU BOregister;

Or. fr





25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers of companies, trusts and similarlegal arrangements and standardisedregisters of BOs to prevent anonymity ofultimate beneficial owners (UBOs); callsfurthermore for the creation of an EU BOregister;

Or. en

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EN

Amendment 312Paul Tang, Emmanuel Maurel, Evelyn Regner, Peter Simon




25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficialowners (UBOs); calls furthermore for thecreation of an EU BO register whichshould be accessible at low costs or effort;

Or. en





25. Stresses the need forcomprehensive beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficialowners (UBOs); calls for the creation of anEU BO register to which specialistauthorities have unlimited access;

Or. de



AM\1133562EN.docx 155/185 PE609.631v01-00

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25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers ofBOs to prevent anonymity of ultimatebeneficial owners (UBOs); callsfurthermore for the creation of an EU BOregister;

25. Stresses the need for publicallyaccessible, standardised, interconnectedbeneficial ownership (BO) registers toprevent anonymity of ultimate beneficialowners (UBOs);

Or. en





25. Stresses the need for publicallyaccessible beneficial ownership (BO)registers and standardised registers of BOsto prevent anonymity of ultimate beneficialowners (UBOs); calls furthermore for thecreation of a pooled, EU-wide BO register;

Or. en





25. Stresses the need for beneficialownership (BO) registers and standardisedregisters of BOs to prevent anonymity ofultimate beneficial owners (UBOs); callsfurthermore for the creation of an EU BOregister;

PE609.631v01-00 156/185 AM\1133562EN.docx

EN

Or. fr




25 a. Underlines the demand made bythe representatives of the French FIU inthis committee according to which, inaccordance with the GAFI 26recommendation on financial supervision,at the European level it should beexpressly provided that the application ofthe supervision by the competentsupervisory authority can date back to theparent entity of the group.

Or. en




25 a. Calls on the EuropeanCommission to supervise the creation ofpublicly accessible land registers;

Or. en

Amendment 319Nils Torvalds


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25 a. Calls for a lowering of the currentthreshold for shareholding in thedefinition of a BO

Or. en

Amendment 320Miguel Viegas, Fabio De Masi, Patrick Le Hyaric, Matt Carthy, Miguel Urbán Crespo,Stelios Kouloglou, Marina Albiol Guzmán, Curzio Maltese, Takis Hadjigeorgiou



25 b. Calls on an identification ofbeneficial ownership that includes all thenatural person(s) who ultimately own(s)or control(s) a legal entity, other than acompany listed on a regulated market thatis subject to disclosure requirementsconsistent with Union law or subject toequivalent international standards whichensure adequate transparency ofownership information, through direct orindirect ownership of at least one share orequivalent minimum unit of interest inthat entity, including through bearershareholdings, or through control viaother means;

Or. en




PE609.631v01-00 158/185 AM\1133562EN.docx

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26. Calls furthermore for the creationof a global company register and of acentral register of bank accountsaccessible to FIUs and national lawenforcement bodies;

deleted

Or. en





deleted

Or. en





deleted

Or. en

Amendment 324

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26. Calls furthermore for the creationof a global company register and of acentral register of bank accounts accessibleto FIUs and national law enforcementbodies;

26. Calls furthermore for the creationof a global register of legal entities,including companies, trusts andfoundations and of a global central registerof bank accounts, financial instruments,real estate property, life insurancecontracts and other relevant assets abusedfor money laundering and tax avoidancepurposes accessible to FIUs and nationallaw enforcement bodies; calls, in theabsence of global agreements, on the EUMember States to go ahead byharmonising the information required bynational company registers and bypublicly disclosing at least the balancesheet, the profit and loss statement, thenames of qualified shareholders,supervisory board members, managementboard members and general managers;

Or. en

Amendment 325Ana Gomes, Emmanuel Maurel, Elly Schlein, Emilian Pavel, Hugues Bayet, EvelynRegner, Peter Simon




26. Calls furthermore for the creationof a global company register and of acentral register of bank accounts accessibleto FIUs and national law enforcementbodies; takes the view that the EU andMember States must take the lead in

PE609.631v01-00 160/185 AM\1133562EN.docx

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promoting UBO standards oftransparency in the international fora;

Or. en





26. Calls furthermore for furthercooperation between FIUs and nationallaw enforcement bodies regardinginteroperability and accessibilityof company registers and registers ofbank accounts;

Or. en





26. Calls furthermore for the creationof an interconnected central register ofbank accounts accessible to all nationalFIUs and law enforcement bodies;

Or. en

Amendment 328Enrico Gasbarra


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Paragraph 26 a (new)


26 a. Observes that the illicit moneydeposited through the redemption of thesetransactions is transformed into legitimatefunds deriving from legitimatetransactions, urges therefore that the anti-money laundering rules will also beextended to the real estate market in thegoal of preventing new illicit phenomena;

Or. en

Amendment 329Enrico Gasbarra, Hugues Bayet, Ana Gomes, Evelyn Regner, Peter Simon



26 b. Observes that the illicit moneydeposited through the redemption of thesetransactions is transformed into legitimatefunds deriving from legitimatetransactions, urges therefore that the anti-money laundering rules will also beextended to the real estate market in thegoal of preventing new illicit phenomena;

Or. en




27. Underlines the need to improve the 27. Underlines the need to improve the

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enforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; calls on theCommission to make it illegal tooutsource CDD procedures to third parties;believes furthermore that the scope forobliged entities should be included toamongst others real estate agents to ensurethat CDD provisions apply equally toregulated and non-regulated actors;

enforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; believes that theFifth Anti-Money Laundering Directiveshould require any obliged entity to issuea Suspicious Transaction Reportwhenever a transaction involves asuspected letterbox company and/or anoffshore centre; calls on the Commissionto present a proposal to prohibit theoutsourcing of CDD procedures to thirdparties; believes furthermore that the scopefor obliged entities should be included toamongst others persons trading in worksof art, art galleries, auction houses andplatforms for storing, servicing andtrading in works of art and othervaluables (for example freeports) toensure that CDD provisions apply equallyto regulated and non-regulated actors;Recalls the European Parliamentrecommendations to ensure greatertransparency of customs free-port 1a;

_________________1a European Parliament report on“Bringing transparency, coordination andconvergence to corporate tax policies inthe Union” A5

Or. en




27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; calls on the


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Commission to make it illegal to outsourceCDD procedures to third parties; believesfurthermore that the scope for obligedentities should be included to amongstothers real estate agents to ensure thatCDD provisions apply equally to regulatedand non-regulated actors;

Commission to make it illegal to outsourceCDD procedures to third parties; believesfurthermore that the scope for obligedentities should be included to amongstothers real estate agents to ensure thatCDD provisions apply equally to regulatedand non-regulated actors; calls on theCommission to recommend that duediligence procedures be undertaken byindependent outside bodies specialising inthat field in the case of high-risk clients,without limiting the responsibility of theentities to which they are applied toexercise due diligence themselves as well;calls for this responsibility to be clear andfor provision to be made for penalties inthe event of negligence or lack ofindependence;

Or. fr




27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; calls on theCommission to make it illegal tooutsource CDD procedures to thirdparties; believes furthermore that thescope for obliged entities should beincluded to amongst others real estateagents to ensure that CDD provisionsapply equally to regulated and non-regulated actors;

27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out;

Or. de

PE609.631v01-00 164/185 AM\1133562EN.docx

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Amendment 333Enrique Calvet Chambon, Frédérique Ries, Louis Michel



27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; calls on theCommission to make it illegal tooutsource CDD procedures to thirdparties; believes furthermore that the scopefor obliged entities should be included toamongst others real estate agents to ensurethat CDD provisions apply equally toregulated and non-regulated actors;

27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; calls on theCommission to recommend outsourcingenhanced CDD procedures for high riskcustomers to independent specialized duediligence firms without limiting theresponsibility of the obliged parties on theCDD, at the same time the liability ofCDD should be made very clear andsanctions should be contemplated in caseof negligence or proved lack ofindependence; believes furthermore thatthe scope for obliged entities should beincluded to amongst others real estateagents to ensure that CDD provisions applyequally to regulated and non-regulatedactors;

Or. en




27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; calls on theCommission to make it illegal tooutsource CDD procedures to third

27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; believes furthermorethat the scope for obliged entities should beincluded to amongst others real estate

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parties; believes furthermore that the scopefor obliged entities should be included toamongst others real estate agents to ensurethat CDD provisions apply equally toregulated and non-regulated actors;

agents to ensure that CDD provisions applyequally to regulated and non-regulatedactors;

Or. en




27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; calls on theCommission to make it illegal tooutsource CDD procedures to thirdparties; believes furthermore that the scopefor obliged entities should be included toamongst others real estate agents to ensurethat CDD provisions apply equally toregulated and non-regulated actors;

27. Underlines the need to improve theenforcement of customer due diligence(CDD) checks to make sure that a properassessment of the risks linked to the clientprofile is carried out; believes furthermorethat the scope for obliged entities should beincluded to amongst others real estateagents to ensure that CDD provisions applyequally to regulated and non-regulatedactors;

Or. en






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Commission to make it illegal to outsourceCDD procedures to third parties; believesfurthermore that the scope for obligedentities should be included to amongstothers real estate agents to ensure thatCDD provisions apply equally to regulatedand non-regulated actors;

Commission to make it illegal to outsourceCDD procedures to third parties; believesfurthermore that the scope for obligedentities should be included to amongstothers real estate agents and auctionhouses to ensure that CDD provisionsapply equally to regulated and non-regulated actors;

Or. fr

Amendment 337Miguel Urbán Crespo, Miguel Viegas, Fabio De Masi, Patrick Le Hyaric, Matt Carthy,Stelios Kouloglou, Marina Albiol Guzmán, Curzio Maltese, Takis Hadjigeorgiou



27 a. Calls for the harmonization ofCDD at EU level, providing anappropriate shape to these procedures inorder to guarantee its compliance;

Or. en




28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more severe and that Member Statesshould involve more resources for theirenforcement; notes however that inparallel, the EU and its Member Statesshould develop incentives for eachcategory of obliged entities to discouragethem and make it unprofitable to engage is

28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more severe and that Member Statesshould involve more resources for theirenforcement; calls on the Commission toconsider the desirability (or otherwise) ofbanning settlement without charges invery serious tax fraud cases; observes thatextended settlement without charges

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such activities; makes it possible to prevent certainfraudsters from attempting to escapeconviction on account of undue delay;considers that it is a matter for the courtsto ascertain whether settlement withoutcharges is proportionate in the light of theseriousness of an offence; notes that theEU and its Member States should developincentives for each category of obligedentities to discourage them and make itunprofitable to engage is such activities;

Or. fr




28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more severe and that Member Statesshould involve more resources for theirenforcement; notes however that inparallel, the EU and its Member Statesshould develop incentives for eachcategory of obliged entities to discouragethem and make it unprofitable to engage issuch activities;

28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more severe and that Member Statesshould involve more resources for theirenforcement; said sanctions shouldinclude both companies that unjustifiablyuse non-cooperative jurisdictions formoney laundering and tax evasion andphysical or legal entities of a cooperativecountry that are shareholders, directors orfiduciaries of any trust, corporation orfoundation in a non-cooperative country,as well as intermediaries who resort tosuch jurisdictions; notes however that inparallel, the EU and its Member Statesshould develop incentives for eachcategory of obliged entities to discouragethem and make it unprofitable to engage issuch activities;

Or. en

PE609.631v01-00 168/185 AM\1133562EN.docx

EN





28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more severe and deterrent and thatMember States should involve moreresources for their enforcement; noteshowever that in parallel, the EU and itsMember States should develop incentivesfor each category of obliged entities todiscourage them and make it unprofitableto engage is such activities; calls on theMember States to free money launderingfrom any prescription period so as toavoid time-bar resulting from thecompetent authorities' failure to act;

Or. en





28. Believes that sanctions in answermoney laundering and tax evasion shouldbe more severe and that any breach of theAMLD should be sanctioned and thatserious, repeated and systematic breachesshould entail strong sanctions such as thewithdrawal of business licenses and thatMember States should involve moreresources for their enforcement; noteshowever that in parallel, the EU and its

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Member States should develop incentivesfor each category of obliged entities todiscourage them and make it unprofitableto engage in such activities;

Or. en





28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more severe, harmonized and thatMember States should involve moreresources for their enforcement; welcomesin this respect the proposal for a directiveof the European parliament and of thecouncil on countering money launderingby criminal law 1a; notes however that inparallel, the EU and its Member Statesshould develop incentives for eachcategory of obliged entities to discouragethem and make it unprofitable to engage issuch activities;

_________________1a COM(2016)826 final

Or. en




PE609.631v01-00 170/185 AM\1133562EN.docx

EN


28. Believes that sanctions in answer tomoney laundering, tax evasion and taxfraud should be more severe and moreconsistent in the EU; Member Statesshould use risk-based approach whendirecting resources towards fightingillegal practices while reducingadministrative burden for honesttaxpayers; the overall system shouldencourage taxpayers to act honestly andresponsibly while it should make itunprofitable to engage in moneylaundering, tax fraud and tax evasion;

Or. en

Amendment 344Emilian Pavel




28. Believes that sanctions in answer tomoney laundering, tax avoidance and taxevasion should be more severe and thatMember States should involve moreresources for their law enforcementauthorities; notes however that in parallel,the EU and its Member States shoulddevelop incentives for each category ofobliged entities to discourage them andmake it unprofitable to engage is suchactivities;

Or. en



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28. Believes that in some MemberStates, sanctions in answer to moneylaundering and tax evasion should be moresevere and that they should allocatesufficient resources for their enforcement;notes however that in parallel, the EU andits Member States should developincentives for each category of obligedentities to discourage them and make itunprofitable to engage in such activities;

Or. en





28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more severe in some MemberStates and that they should allocatesufficient resources for their enforcement;notes however that in parallel, the EU andits Member States should developincentives for each category of obligedentities to discourage them and make itunprofitable to engage is such activities;

Or. en




PE609.631v01-00 172/185 AM\1133562EN.docx

EN


28. Believes that sanctions in answer tomoney laundering and tax evasion shouldbe more effective and that Member Statesshould involve resources more efficientlyfor their enforcement; notes however thatin parallel, the EU and its Member Statesshould develop incentives for eachcategory of obliged entities to discouragethem and make it unprofitable to engage issuch activities;

Or. en





28. Believes that legal steps in answerto money laundering and tax evasionshould be more severe and that MemberStates should involve more resources fortheir enforcement; notes however that inparallel, the EU and its Member Statesshould develop incentives for eachcategory of obliged entities to discouragethem and make it unprofitable to engage issuch activities;

Or. en




28 a. Demands an effective controllingmechanism to be implemented at the

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European level, and with outreach intoconnected jurisdictions, since the FATFpeer reviews and regular mutualevaluations can easily be frustrated bypolitical or other connivance;

Or. en




29. Stresses the need to agree on acommon understanding and definition atthe EU level of a Politically ExposedPerson;

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29. Stresses the need to agree on acommon understanding and definition atthe EU level of a Politically ExposedPerson, so that it applies only to personswho genuinely have sensitive decision-making powers;

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Amendment 352Ana Gomes, Emmanuel Maurel, Peter Simon

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29. Stresses the need to agree on acommon understanding and definition atthe EU level of a Politically ExposedPerson, a concept that has beentransposed differently in Member States;

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30. Calls for a harmonised definitionof tax crime at the EU level; calls for thedefinition of predicate offences to beharmonised within the EU;

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30. Calls for a harmonised definition oftax crime at the EU level; calls for thedefinition of predicate offences to beharmonised within the EU;

30. Calls for a harmonised definition oftax crimes at the EU level and the creationof a distinct criminal law instrument to beadopted under Article 83(2) TFEU orultimately under Article 116 TFEU ifMember States are unable to agree oneliminating distortion of the conditions ofcompetition in the internal market; callsfor the definition of money-launderingpredicate offences to be harmonised withinthe EU and for narrowing downexemptions Member States can use torefuse collaboration and exchange ofinformation; recalls the position of theEuropean Parliament on the revision ofthe fourth and fifth Anti-MoneyLaundering Directive to decouple taxcrimes from the requirement of beingpunishable by deprivation of liberty or a

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detention order;

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30. Calls for a harmonised definition oftax crime at the EU level; calls for thedefinition of predicate offences to beharmonised within the EU;

30. Calls on the Member States toagree on a harmonised definition of taxcrime at the EU level; calls for thedefinition of predicate offences to beharmonised also within the EU;

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30 a. Calls on the Commission and theCouncil to take seriously Parliament'sambitious revision of the 4th AMLDwhich it voted on 28 February 2017 andwhich would close many existingloopholes and considerably strengthencurrent anti-money laundering legislationby, for example, sharpening the definitionof who is a beneficial owner, bydisallowing senior managers, nomineedirectors and other proxy agents to beidentified as beneficial owners unless theyfulfil the criteria, by granting full publicaccess to beneficial ownership registers ofcompanies and trusts and by

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implementing a more effective sanctionmechanism for breaches of the AMLD;therefore urges the Commission and theCouncil not to water down Parliament'sstrong proposal during the on-goingtrilogue negotiations;

Or. en




31. Calls for increased political andregulatory focus on emerging risks relatedto new technologies and financial products,such as derivatives, SWAPS and virtualcurrencies3 ;

31. Calls for increased political andregulatory focus in the context of anti-money laundering and tax evasion onemerging risks related to new technologiesand financial products, such as derivatives,SWAPS and virtual currencies3 ;

_________________ _________________3 PANA Committee hearing with BrookeHarrington and other experts on 24 January2017

3 PANA Committee hearing with BrookeHarrington and other experts on 24 January2017

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31. Calls for focus on emerging risksrelated to new technologies and financialproducts, such as derivatives, SWAPS andvirtual currencies3 ;

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Or. en





31. Calls for increased political andregulatory focus on emerging risks relatedto new technologies and financial products,such as virtual currencies3 ;



Or. en




31. Calls for increased political andregulatory focus on emerging risks relatedto new technologies and financial products,such as derivatives, SWAPS and virtualcurrencies3;

31. Calls for increased political andregulatory focus on emerging risks relatedto new technologies and financial products,such as virtual currencies 3 ;

_________________3 PANA Committee hearing with Brooke

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Harrington and other experts on 24 January2017

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31. Calls for increased regulatory focuson emerging risks related to newtechnologies and financial products, suchas derivatives, SWAPS and virtualcurrencies3 ;



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31 a. Is seriously concerned by the useof “freeports” to store assets which mightbe proceeds of criminal activities in anunsupervised, untaxed and anonymousmanner; urges the Commission to carryout checks and investigations on whethersufficient controls are in place withregard to these structures in the EU;

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32. Underlines the need for use of newtechnologies such as unique digitalidentities to facilitate the identification ofserious cases of financial crime;

32. Underlines the need for use of newtechnologies such as unique digitalidentities to facilitate the identification ofserious cases of financial crime and callson the Commission to addressshortcomings in the EU's legal frameworkgoverning electronic identificationthrough the Digital Single Market;

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32. Calls on the Commission to assessthe possibility to use new technologiessuch as unique digital identities to facilitatethe identification of serious cases offinancial crime, while ensuring whether itwill respect fundamental rights, includingthe right to privacy;

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32. Underlines the potential for use ofnew technologies such as unique digitalidentities to facilitate the identification ofserious cases of financial crime;

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32. Underlines that the use of newtechnologies such as unique digitalidentities makes it possible to facilitate theidentification of serious cases of financialcrime;

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Draft motion for a resolutionParagraph 32 – subparagraph 1 (new)


calls for an assessment of technologiesbased on Blockchain and DistributedLedger Technology (DLT) aimed atenhancing the transparency andtraceability of financial transactions;

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32 a. Calls for an urgent assessment bythe Commission on the implications formoney laundering and tax criminalityderiving from e-gaming activities, virtualcurrencies, blockchain and fintechtechnologies;

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Amendment 371Cora van Nieuwenhuizen, Thierry Cornillet, Enrique Calvet Chambon



32 a. Calls on the Commission toconsider legislation to create a regulatoryframework for crypto currencies in orderto limit the tools for money laundering;

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Amendment 372Cora van Nieuwenhuizen, Thierry Cornillet, Enrique Calvet Chambon



32 b. Underlines the importance ofstrengthening provisions related to cryptocurrency tumblers in the current AMLD;

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believes that this approach should beadopted in all future legislative proposalsrelated to anti-money laundering;

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33. Urges that assets generated bycriminal activities be confiscated; calls tothis end for a swift adoption of theregulation on the mutual recognition offreezing and confiscation orders tofacilitate cross-border recovery of criminalassets;

33. Urges that assets generated bycriminal activities be confiscated; calls tothis end for a swift adoption of theregulation on the mutual recognition offreezing and confiscation orders tofacilitate cross-border recovery of criminalassets; Stresses that the legal instrumentproposed by the Commission will allowbetter cooperation and easier recognitionof such orders, while respecting theprinciple of subsidiarity; Calls on theCommission to launch a legislativeproposal introducing a restriction of cashpayments, in order to foster the fightagainst money laundering, tax fraud andorganised crime;

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33. Urges that assets generated by 33. Urges that assets generated by

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criminal activities be confiscated; calls tothis end for a swift adoption of theregulation on the mutual recognition offreezing and confiscation orders tofacilitate cross-border recovery of criminalassets;

criminal activities be confiscated in atransparent, swift and controlled manner,by the authorised authorities in charge;calls to this end for a swift adoption of theregulation on the mutual recognition offreezing and confiscation orders tofacilitate cross-border recovery of criminalassets;

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33. Calls for a swift adoption of theregulation on the mutual recognition offreezing and confiscation orders tofacilitate cross-border recovery of criminalassets;

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33. Calls for a swift adoption of theregulation on the mutual recognition offreezing and confiscation orders tofacilitate cross-border recovery of criminalassets;

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Documents

AMENDMENTS 1 - 376 · AM\1133562EN.docx PE609.631v01-00 EN United in diversity EN European Parliament 2014-2019 Committee of Inquiry to investigate alleged contraventions and maladministration