13 Amendments of Marianne THYSSEN related to 2009/0142(COD)
Amendment 264 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to guarantee its full autonomy and independence, the Authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the General Budget of the European Union. The Community through a separate budget heading within it. The European Union budgetary procedure should be applicable as far as the CommunityEuropean Union contribution is concerned. The auditing of accounts should be undertaken by the Court of Auditors.
Amendment 299 #
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. When carrying out the tasks conferred upon it by this Regulation, the Authority will act independently and objectively in the sole interest of the European Union.
Amendment 486 #
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The Commission shall review this decision with regular intervals, and at the request of the ESA, the ESRB or the Council.
Amendment 488 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
10a. When the emergency of a situation requires immediate action and no decision of the ESRB can be awaited, the Authority may adopt decisions which are generally and directly applicable to financial market participants. These emergency measures will be notified immediately to the ESRB. If the ESRB does not confirm the emergency situation within a period of 15 days, the measures will expire.
Amendment 724 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Joint Committee shall serve as a forum in which the Authority shall cooperate regularly and closely and ensure cross-sectoral consistency with the European Insurance and Occupational Pensions Authority and the European Securities and Marketsother ESAs, in particular on: – financial conglomerates; – accounting and auditing; – micro-prudential analyses of cross- sectoral developments, risks and vulnerabilities for financial stability; – retail investment products; – anti-money laundering measures; and – information exchange with the European Systemic Risk Board and developing the relationship between the European Systemic Risk Board and the European Supervisory Authorityies.
Amendment 768 #
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) a subsidy from the Community, entered inEuropean Union, shown in a separate budget heading in Section [XII] of the Ggeneral Bbudget of the European Union (Commission Section);
Amendment 770 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. BWith the exception of the first year of operation of the Authority ending 31 December 2011 (see Article 49 6bis below), by 15 February each year, the Executive Director shall draw up a draft statement of estimates of revenue and expenditure for the following financial year, and shall forward this preliminary draft budget to the Management Board and the Board of Supervisors, together with the establishment plan. Each year, the Management Board shall, on the basis of the preliminary draft drawn up by the Executive Director and approved of the Management Board, produce a statement of estimates of revenue and expenditure of the Authority for the following financial year. That statement of estimates, including a draft establishment plan, shall be transmitted by the Management Board to Board of Supervisors to the Commission by 31 March. Prior to adoption of the statement of estimates, the draft prepared by the Executive Director shall be approved by the Board of SupervisorsManagement Board.
Amendment 771 #
Proposal for a regulation
Article 49 – paragraph 6 a (new)
Article 49 – paragraph 6 a (new)
6a. For the first year of operation of the Authority ending 31 December 2011, the budget will be approved by the Members of the Level 3 Committee, following consultation with the Commission and then transmitted to the Council and Parliament for endorsement.
Amendment 773 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Staff Regulations, the Conditions of employment of other servants and the rules adopted jointly by the European Community institutions for the purpose of applying these shall apply to the staff of the Authority, inexcluding its Executive DirectorChairperson.
Amendment 782 #
Proposal for a regulation
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
1a. During the period after the entry into force of this Regulation, and before the establishment of the Authority, the Level 3 Committee shall act in close co-operation with the Commission to prepare for the replacement of the Level 3 Committee by the Authority. The Level 3 Committees may take all useful preparatory actions, subject to final decision by the relevant bodies of the Authority. This includes determining the selection procedure for the Chairperson and Executive director of the Authority and members of the management board and organising the selection of these persons.
Amendment 783 #
Proposal for a regulation
Article 62 – paragraph 1 b (new)
Article 62 – paragraph 1 b (new)
1b. During the period from the entry into force of this Regulation and the date of the designation of the Chairperson and the members of the Management Board, and of the appointment the Executive Director, the ESA shall be provisionally chaired by the Chair of the existing Level 3 Committee and managed by its Secretary General.
Amendment 785 #
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
2. AIn order to allow the smooth transition of the existing staff to the Authority all members of staff under contracts referred to in paragraph 1, including secondment contracts, shall be offered the possibility of concluding employment temporary agent contracts under Article 2(a) of the Conditions of Employment of Other Servants at the various grades as set out in the Authority’s establishment planwith equivalent or comparable economic and legal conditions, in accordance with the relevant legal framework.
Amendment 786 #
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 2
Article 63 – paragraph 2 – subparagraph 2
An internal selection limited to staff who have contracts with the Level 3 Committee of European Banking Supervisors or its Secretariat shall be carried out after the entry into force of this Regulation by the authority authorised to conclude contracts in order to check the ability, efficiency and integrity of those to be engaged. The internal selection procedure should take full account of the skills and experience demonstrated by the individual in the performance of his/ her role prior to the transition.