15 Amendments of Ondřej KOVAŘÍK related to 2021/0378(COD)
Amendment 15 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) As new legislative acts are currently under negotiation or at the point of completion, but are not listed in the Annex of this regulation, the Commission should be empowered to update the Annex to add newly adopted legislation related to the provision of financial services, capital markets and sustainability.
Amendment 18 #
Proposal for a regulation
Recital 6
Recital 6
(6) The objective of the European Securities and Markets Authority (ESMA) is to protect the public interest by contributing to the stability and effectiveness of the financial system for the Union economy, its citizens and businesses. In that context, ESMA is to contribute in particular to ensure the integrity, transparency, efficiency and orderly functioning of financial markets. It has, amongst others, the task to improve investor protection. Because of those reasons, ESMA should be given the task of establishing and operat, operating and controlling ESAP.
Amendment 19 #
Proposal for a regulation
Recital 10
Recital 10
(10) Re-using information that is available on ESAP can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. It is therefore necessary, where justified on grounds of a public interest objective, to allow re-use of the information that is available on ESAP for purposes other than the purposes for which the information was drawn up. However, the use and re-use of that information should be subject to objective, proportionate and non-discriminatory conditions. For that purpose, conditions corresponding to those laid down in open, standard licences within the meaning of Directive (EU) 2019/1024 of the European Parliament and of the Council27 should apply. The licensing terms of those standard licences should allow for data and content to be freely accessible, used, modified and shared by anyone for any purpose. ESMA should bear no liability for the use and re-use of information accessible on ESAP. The submission of information by the collection bodies should either not be subject to conditions or be subject to an open standard licence enabling the licensing terms applying for information accessible in the ESAP. _________________ 27 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 21 #
Proposal for a regulation
Recital 13
Recital 13
(13) To promote data-driven innovation in finance, help integrate capital markets in the European Union, channel investments into sustainable activities, and bring efficiencies for consumers and businesses, ESAP should improve access to information that include personal data. ESAP should, however, only improve access to those personal data that have to be processed pursuant to Union law, or that are processed voluntarily provided that there is a lawful ground for such processing pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council. For any processing of personal data in the context of providing information via ESAP, the collection bodies, and ESMA in its capacity as operatocontroller of ESAP, should ensure that Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 of the European Parliament and of the Council28 are complied with. _________________ 28 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 22 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [insert date]19 January 2022.
Amendment 23 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order for the information to be comparable over time, users should have access to past information. It is therefore necessary to require ESAP to provide access to information for a reasonable period of time, to the extent compatible with other applicable provisions of Union law. For that purpose, ESMA should ensure that no personal data are made accessible for longer than necessary as provided for under Union law. In order to enable ESMA and the collection bodies to prepare the operation of ESAP, ESAP should only provide access to the information submittedcurrently available as from 1 January 2024.
Amendment 24 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) For the purposes of ensuring high quality and accuracy of data to be published on ESAP, ESMA should be allowed to pre-screen information provided by entities in order to validate the accuracy and format of the data provided before it is published on ESAP.
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) The Commission is empowered to adopt delegated acts to amend the Annexes in order to update the list of legislative acts at the moment any new relevant legislative act enters into force.
Amendment 26 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 29 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) 'personal data' means data as defined in Article 4, point 1 of Regulation (EU) 2016/279;
Amendment 33 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) where possible, ensure that any voluntarily submitted information is submitted in the format provided in existing templates related to the relevant legislative act;
Amendment 40 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the information referred to in paragraph 1 contains personal data, entities shall ensure that the processing relies on one of the lawful grounds of processing listed in Article 6(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council. In particular, consent cannot be considered as a legal basis to submit information containing personal. This Regulation does not create a legal basis for the processing of personal data by those entities.
Amendment 55 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. ESMA shall perform automated validations, where possible in an automated manner, to verify compliance of the information submitted by the collection bodies with the requirements laid down in Article 5(1), point (b).
Amendment 56 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. ESMA shall be empowered to screen the data provided by entities in order to ensure the accuracy of the information provided. In the case of incorrect or inaccurate data, ESMA shall follow the procedure as laid out in paragraph 2 of this Article.
Amendment 57 #
Proposal for a regulation
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
(e a) act as controller of the ESAP, holding the responsibilities outlined in Articles 24-27 of Regulation (EU) 2016/679.