9 Amendments of Markus FERBER related to 2018/0180(COD)
Amendment 36 #
Proposal for a regulation
Recital 10
Recital 10
(10) Divergent approaches to benchmark methodologies may result in fragmentation of the internal market because users of benchmarks do not have clarity on whether a particular low carbon index is a benchmark aligned to the 2C° objective or merely a benchmark that aims to lower the carbon footprint of a standard investment portfolio. To address potentially illegitimate claims by administrators about the low-carbon nature of their benchmarks, Member States are likely to adopt different rules to avoid the ensuing investors’ confusion and ambiguity about the aims and level of ambition underpinning different categories of so called low carbon indices used as benchmarks for a low carbon investment portfolio.
Amendment 45 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, to maintain the proper functioning of the internal market, to further improve the conditions of its functioning, and to ensure a high level of consumer and investor protection, it is appropriate to adapt Regulation (EU) 2016/1011 to lay down a regulatory framework for harmonised low carbon benchmarks at Union level. This new regulatory framework for low carbon benchmarks shall not be applicable to any other type of benchmark though.
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) 2016/1011
Article 13 – Paragraph 2 a (new)
Article 13 – Paragraph 2 a (new)
2a. TAfter having consulted ESMA, the Commission shall be empowered to adopt delegated acts in accordance with Article 49 to specify further the minimum content of the explanation referred to in point (d) of paragraph 1.; The delegated acts shall not force benchmark administrators to disclose any information that is proprietary or confidential in nature.
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/1011
Title III – Chapter 3 a (new) – Article 19 a – paragraph 2
Title III – Chapter 3 a (new) – Article 19 a – paragraph 2
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2016/1011
Article 51 – paragraph 4 a (new)
Article 51 – paragraph 4 a (new)
4a. In Article 51, the following paragraph is inserted: "4a. An existing benchmark designated as critical by an implementing act adopted by the European Commission in accordance with Article 20 may be used in existing and new financial instruments, financial contracts, or measurements of the performance of an investment fund until 31 December 2021."
Amendment 179 #
Proposal for a regulation
Annex I – point 1 – point b
Annex I – point 1 – point b
Regulation 2016/1011
Annex
Annex
Amendment 193 #
Proposal for a regulation
Annex I – point 1 – point e
Annex I – point 1 – point e
Regulation 2016/1011
Annex
Annex
Amendment 210 #
Proposal for a regulation
Annex I – point 1 – point h
Annex I – point 1 – point h
Regulation 2016/1011
Annex
Annex
Amendment 245 #
Proposal for a regulation
Annex I – point 1 a (new)
Annex I – point 1 a (new)
1a. When disclosing the abovementioned elements, the benchmark administrator shall not be required to disclose information that is proprietary or confidential in nature.