14 Amendments of Jonás FERNÁNDEZ related to 2014/0808(CNS)
Amendment 4 #
Draft regulation
Article 1 – point -1 – point 1 (new)
Article 1 – point -1 – point 1 (new)
Regulation (EC) 2533/98
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
1. In the first paragraph of Article 3, point (c) is replaced by the following: "(c) may fully or partly exempt specific classes of reporting agents from its statistical reporting requirements. Any exemption of specific classes of reporting agents shall adopt the form of a motivated written decision. This decision shall be made public."
Amendment 7 #
Draft regulation
Article 1 – paragraph -1a – point 1 (new)
Article 1 – paragraph -1a – point 1 (new)
1. Article 4 is replaced by the following: “Article 4 Obligations of Member States Member States shall organise themselves in the field of statistics and shall fully cooperate with the ESCB in order to ensure the fulfilment of the obligations arising out of Article 5 of the Statute. The ECB shall carry out information and training workshops as needed with reporting agents regarding reporting requirements."
Amendment 9 #
Draft regulation
Article 1 – point -1b – point 1 (new)
Article 1 – point -1b – point 1 (new)
Regulation (EC) No 2533/98
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In Article 6(1), the introductory part is replaced by the following: “1. If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (10). The right to verify statistical information or to carry out compulsory collection thereof shall comprise in particular the right to:”
Amendment 10 #
Draft regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 2533/98
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
2. In Article 6(1), point (b) is replaced by the following: “(b) examine the books and records of the reporting agents;, including raw data;"
Amendment 11 #
Draft regulation
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Regulation (EC) No 2533/98
Article 6 – paragraph 1 – point e (new)
Article 6 – paragraph 1 – point e (new)
3. In Article 6(1), the following point is added: "(e) run comparative statistical analysis."
Amendment 12 #
Draft regulation
Article 1 – paragraph 1 – point 4 (new)
Article 1 – paragraph 1 – point 4 (new)
Regulation (EC) No 2533/98
Article 6 – paragraph 7 (new)
Article 6 – paragraph 7 (new)
4. In Article 6, the following paragraph is added: "7. In the case of infringement, the ECB shall produce a written report. The report shall be made public."
Amendment 13 #
Draft regulation
Article 1 – paragraph 1 – point 1 (new)
Article 1 – paragraph 1 – point 1 (new)
Regulation (EC) No 2533/98
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
1. Article 7 of Regulation (EC) No 2533/98 is amended as follows: In paragraph 2, point (b) is replaced by the following: “(b) the statistical information is falsified, manipulated, incorrect, incomplete or in a form not complying with the requirement.”
Amendment 14 #
Draft regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EC) No 2533/98
Article 7 – paragraph 3
Article 7 – paragraph 3
2. Paragraph 3 is replaced by the following: “3. The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the falsification and/or removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection.”
Amendment 15 #
Draft regulation
Article 1 – paragraph 1 – point -1 – point 3 (new)
Article 1 – paragraph 1 – point -1 – point 3 (new)
Regulation (EC) No 2533/98
Article 7– paragraph 4 – point a
Article 7– paragraph 4 – point a
3. In paragraph 4, point (a) is replaced by the following: “(a) in the event of an infringement as defined in paragraph 2(a), a daily penalty payment not exceeding EUR 100 000, with the total fine not exceeding EUR 1 000 000;"
Amendment 16 #
Draft regulation
Article 1 – paragraph 1 – point -1 – point 4 (new)
Article 1 – paragraph 1 – point -1 – point 4 (new)
Regulation (EC) No 2533/98
Article 7 – paragraph 4 – point b
Article 7 – paragraph 4 – point b
4. In paragraph 4, point (b) is replaced by the following: “(b) in the event of an infringement as defined in paragraph 2(b), a fine not exceeding EUR 200 000 when the statistical information provided is incorrect, incomplete or in a form not complying with the requirement, and a fine not exceeding EUR 21 500 000 when the statistical information provided is falsified or manipulated; and"
Amendment 17 #
Draft regulation
Article 1 – paragraph 1 – point -1 – point 5 (new)
Article 1 – paragraph 1 – point -1 – point 5 (new)
Regulation (EC) No 2533/98
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
5. In paragraph 4, point (c) is replaced by the following: “(c) in the event of an infringement as defined in paragraph 3, a fine not exceeding EUR 2 000 000."
Amendment 18 #
Draft regulation
Article 1 – paragraph 1 – point -1 – point 6 (new)
Article 1 – paragraph 1 – point -1 – point 6 (new)
Regulation (EC) No 2533/98
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Paragraph 6 is replaced by the following: “6. In exercising the powers provided for in this Article the ECB shall act in accordance with the principles and procedures as set out in the Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions and in Regulation (EU) No 1024/2013".
Amendment 19 #
Draft regulation
Article 1 – paragraph 1 – point -1 – point 7 (new)
Article 1 – paragraph 1 – point -1 – point 7 (new)
Regulation (EC) No 2533/98
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
7. The following paragraph is added: "6a. The proceeds from the sanctions set out in paragraph 4 shall belong to the Bank Resolution Fund. Alternatively, they shall become an own resource of the Union".
Amendment 20 #
Draft regulation
Article 1 – paragraph 1 – point -1 – point 8 (new)
Article 1 – paragraph 1 – point -1 – point 8 (new)
Regulation (EC) No 2533/98
Article 7 – paragraph 6b (new)
Article 7 – paragraph 6b (new)
8. The following paragraph is added: "6b. The ECB shall update the fines set out in paragraph 4 every five years in accordance with the inflation rate of the euro area."