55 Amendments of Jonás FERNÁNDEZ related to 2017/0230(COD)
Amendment 346 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) 1093/2010
Article 1 – paragraph 3
Article 1 – paragraph 3
(aa) Paragraph 3 is replaced by the following: "3. The Authority shall also act in the field of activities of credit institutions, financial conglomerates, investment firms, payment institutions and e-money institutions in relation to issues not directly covered in the acts referred to in paragraph 2, including matters of corporate governance, auditing and financial reporting, provided that such actions by the Authority are necessary to ensure the effective and consistent application of those acts. taking into account sustainable business models and the integration of environmental, social and governance related factors, provided that such actions by the Authority are necessary to ensure the effective and consistent application of those acts. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02010R1093- 20160112&from=EN)
Amendment 351 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a b (new)
Article 1 – paragraph 1 – point 1 – point a b (new)
Regulation (EU) No 1093/2010
Article 1 – paragraph 5 – subparagraph 1 – first sentence
Article 1 – paragraph 5 – subparagraph 1 – first sentence
(ab) in paragraph 5, the first sentence of subparagraph 1 is replaced by the following: "The objective of the Authority shall be to protect the public interest by contributing to the short, medium and long-term, sustainability, stability and effectiveness of the financial system, for the Union economy, its citizens and businesses. ” (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a c (new)
Article 1 – paragraph 1 – point 1 – point a c (new)
Regulation (EU) 1093/2010
Article 1 – paragraph 5 – subparagraph 1 – point f
Article 1 – paragraph 5 – subparagraph 1 – point f
(f) enhancing customer protection. ac) In paragraph 5, point (f) is replaced by the following: "(f) enhancing the protection of customers and other users of financial services." (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal- content/ET/TXT/PDF/?uri=CELEX:32010R1093&qid=1532334130461&from=EN)
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a d (new)
Article 1 – paragraph 1 – point 1 – point a d (new)
Regulation (EU) 1093/2010
Article 1 – paragraph 5 – subparagraph 1 – point fa (new)
Article 1 – paragraph 5 – subparagraph 1 – point fa (new)
(ad) In paragraph 5, the following point (fa) is added: "(fa) ensuring supervisory convergence of conduct of business across the internal market."; (This amendment also applies throughout Articles 2 and 3.)
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 1093/2010
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point i
Article 1 – paragraph 1 – point 5 – point a – point i
Regulation (EU) 1093/2010
Article 8 – paragraph 1 – point aa
Article 8 – paragraph 1 – point aa
(aa) to develop and maintain an up to date Union supervisory handbook on the supervision of financial institutions in the Union;; which sets out supervisory best practices and high quality methodology and processes for supervision, taking into account, inter alia, the nature, scale and complexity of risks, changing business practices and models, and the size of financial institutions and markets;; (This amendment also applies throughout Articles 2 and 3.)
Amendment 373 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point ab
Article 8 – paragraph 1 – point ab
(ab) to develop and maintain an up to date a Union resolution handbook on the resolution of financial institutions in the Union which sets out supervisory best practices and high quality methodologies and processes for resolution, taking into account, inter alia, the nature, scale and complexity of risks, changing business practices and models, and the size of financial institutions and markets;
Amendment 377 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii a (new)
Article 1 – paragraph 1 – point 5 – point a – point ii a (new)
(iia) point (d) is replaced by the following: "(d) to cooperate closely with the ESRB, in particular by providing the ESRB with the necessary information for the achievement of its tasks and by ensuring a proper follow up to the warnings and recommendations of the ESRB; (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02010R1093-, by sharing observations and best practices as regard environmental, social and governance risks and by ensuring a proper follow up to the warnings and recommendations of the ESRB; " (This amendment also applies throughout Articles 2 and 3.) Or. en 20160112&from=EN)
Amendment 378 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iii
Article 1 – paragraph 1 – point 5 – point a – point iii
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) to organise and conduct reviews of competent authorities and, in that context, to issue guidelines and recommendations and to identify best practic, with the support/contribution of national competent authorities, of competent authorities and, in that context, to issue recommendations addressed to those competent authorities and to identify best practices and, in that context, to issue guidelines, with a view to strengthening consistency in supervisory outcomes; (This amendment also applies throughout Articles 2 and 3.)
Amendment 380 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iii
Article 1 – paragraph 1 – point 5 – point a – point iii
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) to monitor and assess market developments in the area of its competence including sustainability goals objectives and where relevant, developments relating to trends in credit, in particular, to households and SMEs and in innovative financial services;; (This amendment also applies throughout Articles 2 and 3.)
Amendment 382 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iv
Article 1 – paragraph 1 – point 5 – point a – point iv
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point (h)
Article 8 – paragraph 1 – point (h)
(h) to foster depositor, consumer and investor protection;; , taking into account the full spectrum of risks that consumers and investors are exposed to;; (This amendment also applies throughout Articles 2 and 3.)
Amendment 392 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) No 1093/2010
Article 8 – paragraph 1a – point c
Article 8 – paragraph 1a – point c
(c) take account of technological and social innovation, innovative and sustainable business models, and the integration of environmental, social and governance related factors; (This amendment also applies throughout Articles 2 and 3.)
Amendment 400 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point -a (new)
Article 1 – paragraph 1 – point 6 – point -a (new)
Regulation (EU) No 1093/2010
Article 9 – paragraph 1 – points aa and ab (new)
Article 9 – paragraph 1 – points aa and ab (new)
(-a) in paragraph 1, the following points (aa) and (ab) are inserted: "(aa) undertaking in-depth thematic reviews of market conduct, building a common understanding of markets practices in order to identify potential problems and analyse their impact; (ab) developing retail risk indicators for the timely identification of potential causes of consumer and investor harm;" (This amendment also applies throughout Articles 2 and 3.)
Amendment 403 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point -a b (new)
Article 1 – paragraph 1 – point 6 – point -a b (new)
Regulation (EU) No 1093/2010
Article 9 – paragraph 1a
Article 9 – paragraph 1a
(-ab) The following paragraph 1a is inserted: "1a. The Authority shall take a leading role in promoting supervisory convergence of conduct of business, including by: (a) developing binding minimum standards addressed to national competent authorities and describing minimum means of enforcement; (b) coordinating, with national competent authorities, enforcement activities based on those standards, such as mystery shopping exercises; (c) making public the outcomes of coordinated activities.;" (This amendment also applies throughout Articles 2 and 3.)
Amendment 411 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EU) 1093/2010
Article 9 – paragraph 5 –subparagraph 1
Article 9 – paragraph 5 –subparagraph 1
Amendment 412 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b b (new)
Article 1 – paragraph 1 – point 6 – point b b (new)
Regulation (EU) 1093/2010
Article 9 – paragraph 5 – subparagraphs 2, 3 and 4
Article 9 – paragraph 5 – subparagraphs 2, 3 and 4
(bb) subparagraphs 2, 3 and 4 of paragraph 5 are replaced by the following: "The Authority shall review the decision referred to in the first subparagraph at appropriate intervals and at least every 36 months. If the decision is not renewed after a 3-montThe Authority may renew the prohibition or restriction once, after which period, it shall automatically expirbecome permanent, unless the Authority considers otherwise. A Member State may request the Authority to reconsider its decision. In that case, the Authority shall decide, in accordance with the procedure set out in the second subparagraph of Article 44(1), whether it maintains its decision. The Authority may" (This amendment also assppliess the need to prohibit or restrict certain types of financial activity and, where there is such a need, inform the Commission in order to facilitate the adoption of any such prohibition or restriction. roughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
Amendment 426 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a a (new)
Article 1 – paragraph 1 – point 7 – point a a (new)
Regulation (EU) 1093/2010
Article 16 – paragraph 1a (new)
Article 16 – paragraph 1a (new)
(aa) The following paragraph 1a is inserted: “1a. The Authority may, with a view to establishing consistent, efficient and effective supervisory practices within the ESFS, issue guidelines addressed to all competent authorities or financial institutions for the purposes of the legislative acts referred to in Article 1(2), based on the comply or explain implementation procedure referred to in paragraph 3 of this Article. Those guidelines shall be considered suitable for compliance with the requirements of the legislative acts referred to in Article 1(2).”; (This amendment also applies throughout Articles 2 and 3.)
Amendment 452 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1093/2010
Article 16a (new)
Article 16a (new)
(7a) The following Article 16a is inserted: “Article 16a Opinions 1. On all issues related to its area of competence and upon a request from the European Parliament, the Council or the Commission, or on its own initiative, the Authority shall provide opinions to the European Parliament, the Council and the Commission. Those opinions shall be made public unless so specified in the request. 2. The request referred to in paragraph 1 may include a public consultation or a technical analysis.” (This amendment also applies throughout Articles 2 and 3.)
Amendment 464 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU) No 1093/2010
Article 18 – paragraph 1 – subparagraph 1 a (new)
Article 18 – paragraph 1 – subparagraph 1 a (new)
Amendment 465 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 c (new)
Article 1 – paragraph 1 – point 8 c (new)
Regulation (EU) No 1093/2010
Article 18 – paragraph 3
Article 18 – paragraph 3
(8c) In Article 18, paragraph 3 is replaced by the following: "3. Where the Council has adopted a decision pursuant to paragraph 2, and in exceptional circumstances where coordinated action by competent authorities is necessary to respond to adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or, the stability of the whole or part of the financial system in the Union or the protection of consumers and other users of financial services, the Authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any such developments by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
Amendment 466 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 1093/2010
Article 19 – paragraph 1 – subparagraph 1 – introductory part
Article 19 – paragraph 1 – subparagraph 1 – introductory part
In cases specified in the Union acts referred to in Article 1(2) as well as in all cases of disagreement between two or more national competent authorities concerning the application of those acts and without prejudice to the powers laid down in Article 17, the Authority may assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 in either of the following circumstances: (This amendment also applies throughout Articles 2 and 3.)
Amendment 495 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) 1093/2010
Article 29 – paragraph 2 – subparagraphs 3 and 3a (new)
Article 29 – paragraph 2 – subparagraphs 3 and 3a (new)
(b) in paragraph 2, the following subparagraph iss are added: “For the purpose of establishing a common supervisory culture, the Authority shall develop and maintain an up-to-date Union supervisory handbook on the supervision of financial institutions infor the Union as a whole, taking into account the nature, scale and complexity of risks, changing business practices and business models, and the size of financial institutions and markets. The Authority shall also develop and maintain an up-to-date Union resolution handbook on the resolution of financial institutions in the Union, taking into account the nature, scale and complexity of risks, changing business practices and business models, and the size of financial institutions and markets. Both the Union supervisory handbook and the Union resolution handbook shall set out supervisory best practices and shall specify high quality methodologies and processes.” The Authority shall make use of the handbooks when carrying out its tasks, including assessment of potential breaches of Union law pursuant to Article 17, settling disputes pursuant to Article 19, assessing annual work programmes and implementation reports pursuant to Article 29a and carrying out reviews of competent authorities pursuant to Article 30.” (This amendment also applies, where applicable, throughout Articles 2 and 3.)
Amendment 505 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 1093/2010
Article 29a – paragraph 1 – subparagraph 1
Article 29a – paragraph 1 – subparagraph 1
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) No 1093/2010
Article 31 – paragraph 1
Article 31 – paragraph 1
(13a) In Article 31, paragraph 1 is replaced by the following: "The Authority shall fulfil a general coordination role between competent authorities, in particular in situations where adverse developments could potentially jeopardise the orderly functioning and integrity of financial markets or, the stability of the financial system in the Union. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112) or the protection of consumers and other users of financial services." (This amendment also applies throughout Articles 2 and 3.) Or. en
Amendment 539 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 e (new)
Article 1 – paragraph 1 – point 13 e (new)
Regulation (EU) 1093/2010
Article 31 – paragraphs 1a (new), 1b (new) and 1c (new)
Article 31 – paragraphs 1a (new), 1b (new) and 1c (new)
Amendment 540 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 c (new)
Article 1 – paragraph 1 – point 13 c (new)
Regulation (EU) 1093/2010
Article 31– paragraph 2 – point (e)
Article 31– paragraph 2 – point (e)
(e) taking all appropriate measures in case of developments which may jeopardise the functioning of the financial markets with a view to facilitating the coordination of actions undertaken by relevant competent authorities; 13c) In Article 31, point (e) of paragraph 2 is replaced by the following: "(e) taking all appropriate measures, including setting up and leading collaboration platforms, in case of developments which may jeopardise the functioning of the financial markets or potentially affect the protection of consumers and other users of financial services, in particular in situations of significant cross-border business, with a view to facilitating the coordination of actions undertaken by relevant competent authorities;" (This amendment also applies throughout Articles 2 and 3, with ‘users of financial services’ being replaced by ‘policyholders’ in Article 2.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
Amendment 556 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 1093/2010
Article 31a – paragraph 2 – subparagraph 1 a (new)
Article 31a – paragraph 2 – subparagraph 1 a (new)
The Authority shall monitor whether the competent authorities concerned verify that outsourcing, delegation or risk transfer arrangements referred to in the first subparagraph are concluded in accordance with Union law and do not prevent effective supervision by the competent authorities, tax good governance and anti-money laundering.; (This amendment also applies throughout Articles 2 and 3.)
Amendment 575 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) No 1093/2010
Article 31a – paragraph 4a (new)
Article 31a – paragraph 4a (new)
4a. The notifications to the Authority referred to in paragraphs 2 and 3 shall be sufficient to allow for a proper assessment by the Authority.; (This amendment also applies throughout Articles 2 and 3.)
Amendment 576 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 1093/2010
Article 31a – paragraph 4b (new)
Article 31a – paragraph 4b (new)
4b. The Commission shall adopt a delegated act before […] outlining witch activities or functions are material, substantial or key for the purpose of paragraphs 2 and 3 and setting out which information is necessary for the assessment referred to in paragraph 4a. In doing so, the Commission shall take into account: (a) the continuity of activity, (b) the effective management capacity, (c) effective capacity to audit delegated and outsourced activities as well as risk transfers.; (This amendment also applies throughout Articles 2 and 3.)
Amendment 584 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point -a a (new)
Article 1 – paragraph 1 – point 16 – point -a a (new)
Regulation (EU) No 1093/2010
Article 32 – paragraph 2 – point a a (new)
Article 32 – paragraph 2 – point a a (new)
(-a a) in paragraph 2, the following point (aa) in inserted: “(aa) common methodologies for assessing the effect of environmental scenarios, including the evolution of stranded assets, on the financial position of a financial market participant;” (This amendment also applies throughout Articles 2 and 3.)
Amendment 587 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EU) 1093/2010
Article 32 – paragraph 2a – subparagraph 1
Article 32 – paragraph 2a – subparagraph 1
At least annually, the Authority, in cooperation with the SSM, shall consider whether it is appropriate to carry out Union-wide assessments referred to in paragraph 2 and shall inform the European Parliament, the Council and the Commission of its reasoning. Where such Union-wide assessments are carried out and the Author, the Authority shall disclose the results for each participating financial institution, where ity considers it appropriate to do so, it shall disclose the results for each participating financial institution. such disclosure to be appropriate having regard to the financial stability of the Union or of one or more of its Member States, market integrity or investor protection or the functioning of the internal market. The Authority shall publish the results of the base scenario only. Upon request, the results of any other scenario shall be made available to the European Parliament and to the Council. (This amendment also applies, without the words 'in cooperation with the SSM', throughout Articles 2 and 3.)
Amendment 601 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Article 1 – paragraph 1 – point 17 – point b
Regulation (EU) 1093/2010
Article 33 – paragraph 2a – subparagraph 1
Article 33 – paragraph 2a – subparagraph 1
The Authority shall monitor regulatory and, supervisory and, where applicable, resolution developments and enforcement practices and relevant market developments in third countries for which equivalence decisions have been adopted by the Commission pursuant to the acts referred to in Article 1(2) in order to verify whether the criteria, on the basis of which those decisions have been taken and any conditions set out therein, are still fulfilled. The Authority shall submit a confidential report on its findings to the Commission on an annual basis.European Parliament, the Council, the Commission, and the two other ESAs every three years or more frequently where appropriate or where requested by the European Parliament, the Council or the Commission. The report shall focus in particular on implications for financial stability of the Union or of one of its Member States, market integrity, investor protection or the functioning of the internal market. (This amendment also applies throughout Articles 2 and 3.)
Amendment 615 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Article 1 – paragraph 1 – point 17 – point b
Regulation (EU) No 1093/2010
Article 33 – paragraph 2c –subparagraph 2
Article 33 – paragraph 2c –subparagraph 2
The Authority may, in cooperation with the competent authorities, develop model administrative arrangements, with a view to establishing consistent, efficient and effective supervisory practices within the Union and to strengthening international supervisory coordination. In accordance with Article 16(3), tThe competent authorities shall make every effort to follow such model arrangements. as closely as possible. (This amendment also applies throughout Articles 2 and 3.)
Amendment 621 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b b (new)
Article 1 – paragraph 1 – point 17 – point b b (new)
Regulation (EU) 1093/2010
Article 33 – paragraph 3b (new)
Article 33 – paragraph 3b (new)
(b b) The following paragraph 3b is added: “3b. The Authority shall monitor regulatory, supervisory, and where applicable, resolution developments and enforcement practices and relevant market developments in third countries for which international agreements have been concluded.” (This amendment also applies throughout Articles 2 and 3.)
Amendment 624 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Article 1 – paragraph 1 – point 19 – point a
2. The Authority may also request information to be provided at recurring intervals and in specified formats or by way of comparable templates approved by the Authority. Such requests shall, where possible, be made using common reporting formats. and shall respect the principle of proportionality provided for in national and Union law, including in the legislative acts referred to in Article 1(2). (This amendment also applies throughout Articles 2 and 3.)
Amendment 653 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Regulation (EU) 1093/2010
Article 36 – paragraph 4 – subparagraph 4
Article 36 – paragraph 4 – subparagraph 4
(20 a) In Article 36, subparagraph 4 of paragraph 4 is replaced by the following: "If the Authority does not act on a warning or a recommendation, it shall explain to the ESRB and the Council its reasons for not doing so. The ESRB shall inform the European Parliament thereof in accordance with Article 19(5) of Regulation (EU) No 1092/2010. , the Council and the Commission. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
Amendment 654 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EU) 1093/2010
Article 36 – paragraph 5 – subparagraph 1 a (new)
Article 36 – paragraph 5 – subparagraph 1 a (new)
Where the addressee intends not to follow the recommendation of the ESRB, it shall inform and discuss with the Board of Supervisors its reasons for not acting. (This amendment also applies throughout Articles 2 and 3.)
Amendment 661 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point -a (new)
Article 1 – paragraph 1 – point 22 – point -a (new)
Regulation (EU) No 1093/2010
Article 37 – paragraph 3
Article 37 – paragraph 3
(-a) paragraph 3 is replaced by the following: "3. The members of the Banking Stakeholder Group shall be appointed by the Board of Supervisors, following proposals from the relevant stakeholdersExecutive Board following an open selection procedure. In making its decision, the Board of SupervisorsExecutive Board shall, to the extent possible, ensure an appropriate reflection of diversity of the sector, geographical and gender balance and representation of stakeholders across the Union. Members of the Stakeholder Group shall be selected according to their qualifications, skills, relevant knowledge and proven expertise. The Executive Board shall take its decision independently from any internal or external influence. The selection process should be fully transparent. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
Amendment 706 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27 – point c a (new)
Article 1 – paragraph 1 – point 27 – point c a (new)
Regulation (EU) 1093/2010
Article 43 – paragraph 4– subparagraph 2a (new)
Article 43 – paragraph 4– subparagraph 2a (new)
(c a) in paragraph 4, the following subparagraph is added: ‘The Authority shall set out its priorities with regard to reviews identifying, where appropriate, competent authorities and activities subject to reviews in accordance with Article 30. If duly justified, the Authority may identify additional competent authorities of Member States to review that are not defined as competent authorities under this Regulation but that are empowered to ensure the application of the acts referred to in Article 1(2).’ (This amendment also applies throughout Articles 2 and 3.)
Amendment 730 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 1093/2010
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
Amendment 736 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 1093/2010
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
The Commissionselection Committee shall submit the shortlist to the European Parliament for approval. Following the approval of that shortlist,s of candidates for the position of the member of the Executive Board to the European Parliament and the Council. The European Parliament may invite the selected candidates to in camera public hearings, submit written questions to the candidates, object to the designation of a candidate and recommend its preferred candidate. The European Parliament and the Council shall adopt a joint decision to appoint the full time members of the Executive Board including the Member in chargefrom the shortlists of candidates. The Executive Board shall be gender- balanced and, proportionate and shall reflect the Union as a whole. (This amendment also applies throughout Articles 2 and 3.)
Amendment 745 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 1093/2010
Article 45 – paragraph 4 – subparagraph 2
Article 45 – paragraph 4 – subparagraph 2
Amendment 784 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 1093/2010
Article 47 – paragraph 6a (new)
Article 47 – paragraph 6a (new)
6 a. The Executive Board shall appoint the members of the Stakeholder Group. (This amendment also applies throughout Articles 2 and 3.)
Amendment 799 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point b a (new)
Article 1 – paragraph 1 – point 35 – point b a (new)
Regulation (EU) 1093/2010
Article 48 – paragraph 4
Article 48 – paragraph 4
(b a) In Article 48, paragraph 4 is replaced by the following: "4. In the course of the 9 months preceding the end of the 58-year term of office of the Chairperson, the Board of Supervisors shall evaluate: (a) the results achieved in the first term of office and the way they were achieved; (b) the Authority’s duties and requirements in the coming years. The Board of Supervisors, taking i" (This amendmento account the evaluation, may extend the term of office of the Chairperson once subject to confirmation by the European Parliament. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)lso applies throughout Articles 2 and 3.) Or. en
Amendment 801 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point c
Article 1 – paragraph 1 – point 35 – point c
Regulation (EU) No 1093/2010
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
Amendment 808 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 a (new)
Article 1 – paragraph 1 – point 37 a (new)
(37 a) In Article 54, the third indent of paragraph 2 is replaced by the following: "– micro-prudential analyses of cross- sectoral developments, risks and vulnerabilities for financial stability, and sustainability," (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
Amendment 810 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 b (new)
Article 1 – paragraph 1 – point 37 b (new)
Regulation (EU) 1093/2010
Article 54 – paragraph 2 – indent 5 a (new)
Article 54 – paragraph 2 – indent 5 a (new)
(37 b) In Article 54, the following indent is inserted after the fifth indent of paragraph 2: “– cybersecurity,” (This amendment also applies throughout Articles 2 and 3.)
Amendment 811 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 c (new)
Article 1 – paragraph 1 – point 37 c (new)
Regulation (EU) 1093/2010
Article 54 – paragraph 2 – indent 6
Article 54 – paragraph 2 – indent 6
Amendment 812 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EU) 1093/2010
Article 54 – paragraph 2 – intent 7
Article 54 – paragraph 2 – intent 7
– depositor, consumer and investor protection issues;retail financial services consumer and other users of financial services protection issues; (This amendment also applies throughout Articles 2 and 3.)
Amendment 841 #
Proposal for a regulation
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Regulation (EU) No 1093/2010
Article 63 – pararagraph 1a
Article 63 – pararagraph 1a
1a. The Executive Board shall, on the basis of the draft which has been approved by the Board of Supervisors adopt the draft single programming document for the three following financial years.Chairperson shall present the draft single programming document for the three following financial years in the European Parliament and in the Council. (This amendment also applies throughout Articles 2 and 3.)
Amendment 844 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46 a (new)
Article 1 – paragraph 1 – point 46 a (new)
Regulation (EU) 1093/2010
Article 64a (new)
Article 64a (new)
Amendment 856 #
Proposal for a regulation
Article 1 – paragraph 1 – point 55
Article 1 – paragraph 1 – point 55
2. The power to adopt delegated acts referred to in Articles 31a, 35c and Article 62a shall be conferred for an indeterminate period of time.62a shall be conferred for four years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegated power by six months before the end of the four-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. (This amendment also applies throughout Articles 2 and 3.)
Amendment 860 #
Proposal for a regulation
Article 1 – paragraph 1 – point 55
Article 1 – paragraph 1 – point 55
Regulation (EU) No 1093/2010
Article 75a – paragraph 4a (new)
Article 75a – paragraph 4a (new)
4 a. Powers conferred on the Commission under different Articles shall be exercised in separate delegated acts. (This amendment also applies throughout Articles 2 and 3.)
Amendment 866 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 1094/2010
Article 1 – paragraph 2
Article 1 – paragraph 2
The Authority shall act within the powers conferred by this Regulation and within the scope of Directive 2009/138/EC with the exception of Title IV thereof, of Directives 2002/92/EC, 2003/41/EC, 2002/87/EC, Directive 2009/103/EC*, of Regulation (EU) No xxxx/xxxx of the European Parliament and of the Council on a pan- European Personal Pension Product (PEPP) and, to the extent that those acts apply to insurance undertakings, reinsurance undertakings, institutions for occupational retirement provision and insurance intermediaries, within the relevant parts of Directives (EU) 2015/849 and 2002/65/EC, including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority.
Amendment 880 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a – point v a (new)
Article 2 – paragraph 1 – point 5 – point a – point v a (new)
Regulation (EU) No 1094/2010
Article 8 – paragraph 1 – point m a (new)
Article 8 – paragraph 1 – point m a (new)
(va) the following point (ma) is inserted: ‘(ma) upon introduction of the pan- European Personal Pension Product (PEPP) into Union law, to grant product authorisation to PEPP providers;’