Activities of Pedro SILVA PEREIRA related to 2021/0378(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability
Amendments (19)
Amendment 84 #
Proposal for a regulation
Recital 5
Recital 5
(5) Apart from the information in relation to financial services, capital markets and sustainability that has to be made public under Union law, investors, market participants, advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. Small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. Also, market participants may want to provide more information than that required by law or to make public the information required by national law but not available at Union level in order to complement the information provided to the public at the Union level. Any entity should therefore be allowed to make financial, sustainability- related and other relevant information accessible on ESAP. Pursuant to the principle of data minimisation, entities should ensure that no personal data are included, except where those data cannot be anonymised and constitute a necessary element of the information about their economic activities, including when the name of the entity coincides with the name of the owner. Where such information contains personal data, the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council26 . _________________ 26 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 106 #
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 operator 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. Submitting entities should be responsible for the processing of personal data on the basis of one of the lawful grounds for processing listed in Article 6, point (1) of Regulation (EU) 2016/679 of the European Parliament and of the Council and for identifying the presence of personal data in the information. Information accompanied by a metadata identifying that it contains personal data should not be retained by collection bodies or ESAP for longer than necessary and in any event for no longer than 5 years, unless otherwise stated in the legal acts in the scope of ESAP. _________________ 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 130 #
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 personal data as defined in Article 4 paragraph 1 of Regulation (EU) 2016/679
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ensure that no personal data are included, except where the personal data constitute a necessary element of the information about its economic activities and that data cannot be anonymised.
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) ensure that the data is accurate and complete
Amendment 148 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) standards for the automatic identification of personal data
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
(c b) the cases under which personal data can be included in voluntary submissions
Amendment 150 #
(c c) the consequences of inaccurate or misleading information submissions
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The Joint Committee of the European Supervisory Authorities shall submit those draft implementing technical standards to the Commission by [PO: please insert threewo years after entry into force].
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 1 – point f – introductory part
Article 5 – paragraph 1 – point f – introductory part
(f) ensure that the information referred to in Article 1(1) remains available to ESAP for at least 10 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a). Personal data Where the metadata accompanying the information submitted pursuant to Article 1(1) refers to or contains indicates that the information includes any personal data, such information shall not be retained andnor be made available on ESAP for longer than 5 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a).
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 1 – point f – introductory part
Article 5 – paragraph 1 – point f – introductory part
(f) ensure that the information referred to in Article 1(1) remains available to ESAP for at least 10 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a). Personal data in the information submitted pursuant to Article 1(1) shall not be retained andfor longer than necessary and in any case not be made available for longer than 5 years, unless stated otherwise in the legal acts referred to in Article 1(1), point (a).
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. ESMA shall put in place appropriate technical and organisational measures to avoid excessive disclosure of personal data via the API or download reservice referred to in paragraph 1, points b and f of this article
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In order to promote transparency and the smooth functioning of European capital markets, ESMA shall ensure that access to ESAP is provided without discrimination.
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 3 – point e a (new)
Article 8 – paragraph 3 – point e a (new)
(e a) academics, news organisations and non-governmental organisations insofar as access to the data is necessary in the performance of their work.
Amendment 207 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Personal data from ESAP shall be used or re-used in line with Regulation (EU) 2016/679 and any personal data that is re- used shall not be retained for longer than necessary and in any case not for longer than 5 years, unless provided for otherwise in the legal acts referred to in Article 1(1), point (a) of this Regulation.
Amendment 218 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. ESMA shall not storeensure that no information containing personal data except for automatic, intermediate and transient processing, including storage of that information insofar as strictly necessary for the purpose of givis stored on ESAP, unless necessary for facilitating easy and timely access to the information on ESAP and for implementing the relevant requirements set out in [this Regulation]. ESMA shall take appropriate technical and organisational measures to ensure that personal data processing via ESAP is carried out ing access to information provided by the collection bodies. ordance with Regulation (EU) 2018/1725 and that information is not retained or made available any longer than provided for in Article 5(1), point (f).
Amendment 222 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
By [PO, please insert a date 5 years after the entry into force of this Regulation], the Commission shall review the functioning of ESAP and assess its effectiveness. This review shall be accompanied by an overview of existing data-gaps in the EU and a strategy to address them. The review shall also include an assessment of the impact of this Regulation on the market position of private data providers in the EU. The Commission shall report to the European Parliament and to the Council on the results of this review.
Amendment 232 #
Proposal for a regulation
Annex I – Part A – point 21 a (new)
Annex I – Part A – point 21 a (new)
21 a. Regulation XXX on European green bonds
Amendment 233 #
Proposal for a regulation
Annex I – Part A – point 21 b (new)
Annex I – Part A – point 21 b (new)