17 Amendments of Ildikó GÁLL-PELCZ related to 2012/0029(COD)
Amendment 329 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Securities settlement systems may be operated only by authorised CSDs, CCPs and central banks.
Amendment 330 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 336 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. An authorised CSD may only have a participation in a legal person whose activities are limited to the provision of services set out in Sections A, B and BC of the Annex, unless the competent authority is confident that such participation does not significantly alter the risk profile of the CSD.
Amendment 418 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. User committees shall advise the board of the CSD on key arrangements that impact their members, including the criteria for accepting issuers or participants to their respective securities settlement systems, service level and pricing structure.
Amendment 420 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 430 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For each securities settlement system it operates, as well as for the each of the other services it performs, a CSD shall publicly disclose the prices and fees associated with the core services provided. It shall disclose the prices and fees of each service and function provided separately, including discounts and rebates and the conditions to benefit from those reductions. IWhere practical, it shall allow its customers separate access to the specific services provided.
Amendment 431 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 432 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. A CSD shall disclose sufficient information to allow participants to assess the risks associated with the services provided.
Amendment 515 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
A CCP and a trading venue shall provide transaction feeds on a non-discriminatory and transparent basis to a CSD upon request by the CSD and may charge a fee for such transaction feeds to the requesting CSD on a cost-plus basis, unless otherwise agreed by both parties.
Amendment 517 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
A CSD shall provide access to its securities settlement systems on a non-discriminatory and transparent basis to a CCP or a trading venue and may charge a fee for such access on a cost-plus basis, unless otherwise agreed by both parties.
Amendment 526 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. A CSD shall not provide itself any banking type of ancillary services set out in Section C of the Annexthat intends to settle the cash leg of all or part of its securities settlement system in accordance with Article 37(2) of this Regulation shall either : (i) designate for this purpose an authorised credit institution as provided in Title II of Directive 2006/48/EC in accordance with paragraph 3, or (ii) undertake directly those banking services in accordance with paragraph 2.
Amendment 541 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1
Article 52 – paragraph 2 – subparagraph 1
Amendment 543 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 2
Article 52 – paragraph 2 – subparagraph 2
Amendment 549 #
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 3
Article 52 – paragraph 2 – subparagraph 3
A CSD which benefits from a derogationintends to provide directly the banking services referred to in Article 52(1) shall be authorised as a credit institution as provided in Title II of Directive 2006/48/EC. This authorisation shall be limited exclusively to the provision of the banking type of ancillary services that it is authorised to provide in accordance with paragraph 4set out in Section C of the Annex and shall imply the fulfilment of the prudential and supervision requirements provided in Article 57 and 58. In addition, a CSD that intends to be authorised as credit institution should have in place adequate recovery plans aiming at continuity of its critical operations including the activity authorised under its banking licence.
Amendment 561 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. A CSD which has not requested or obtained an authorisation in accordance with paragraph 2 and that intends to settle the cash leg of all or part of its securities settlement system in accordance with Article 37(2) of this Regulation shall obtain authorisation to designate for this purpose an authorised credit institution as provided in Title II of Directive 2006/48/EC, unless the competent authority referred to in Article 53(1) of this Regulation demonstrates, based on the available evidence, that the exposure of one credit institut. The designated credit institution shall be limited exclusively to the provision tof the concentration of risks under Article 57(3) and (4) of this Regulation is not sufficiently mitigated. In the latter case, the competent authority referred to in Article 53(1) may require the CSD to designate more than one credit institution. The designated credit institutions shall be considered as settlement agentsbanking type of ancillary services set out in Section C of the Annex and shall comply with the prudential and supervision requirements provided in Articles 57 and 58.
Amendment 566 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 572 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5