Activities of Thomas MANN related to 2011/0296(COD)
Plenary speeches (1)
Markets in financial instruments and repeal of Directive 2004/39/EC - Markets in financial instruments and amendment of the EMIR Regulation on OTC derivatives, central counterparties and trade repositories (debate)
Amendments (11)
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘exchange-traded funds’ means units in those open-ended collective investment schemes which are freely negotiable on the capitalactively traded on at least one European regulated market, with at least one markets maker and in most cases track the performance of an index;
Amendment 688 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
Derivative contracts of non-financial counterparties which are objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity according to [Art. 10] of Regulation [...] (EMIR) shall be exempted from the prohibition or restriction.
Amendment 691 #
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
Article 31 – paragraph 2 – introductory part
2. ESMA shall only take a decision under paragraph 1 if all of the following conditions are fulfilled:
Amendment 694 #
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
Amendment 696 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 703 #
Proposal for a regulation
Article 32 – subparagraph 1 a (new)
Article 32 – subparagraph 1 a (new)
Derivative transactions of non-financial counterparties which are objectively measurable as reducing risks directly related to the commercial activity or treasury financing activity according to [Art. 10] of Regulation [...] (EMIR) shall be exempted from the prohibition or restriction.
Amendment 706 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) a financial instrument or activity or practice gives rise to significant investor protection concerns or poses a serious threat to the orderly functioning and integrity of financial markets orin the stability of whole or part of the financial sysrelevant Member Statem;
Amendment 723 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. ESMA shall perform a facilitation and coordination role in relation to action taken by competent authorities under Article 32. In particular ESMA shall ensure that action taken by a competent authority is justified and proportionate and that where appropriate a consistent approach is taken by competent authoritieslimited to circumstances where concerns in terms of investor protection or a threat to the orderly functioning and integrity of financial markets arise mainly on the territory of a specific Member State.
Amendment 725 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. After receiving notification under Article 32 of any action that is to be imposed under that Article, ESMA shall within one month adopt an opinion on whether it considers the prohibition or restriction is justified and proportionate. If ESMA consid and whether the concerns in terms that the taking of a measure by other competent authorities is necessary to address the risk, it shall also state this in the opinion. The of investor protection or the threat to the orderly functioning and the integrity of financial markets is limited to the territory of the relevant Member State. If ESMA considers that a coordinated action by ESMA under Article 31 is necessary to address the risk, it shall also state this in the opinion. In this case, the competent authority issuing the notification shall abstain from any measures under Article 32. The opinion shall be published on ESMA's website.
Amendment 738 #
Proposal for a regulation
Article 35 – paragraph 1 – point c a (new)
Article 35 – paragraph 1 – point c a (new)
(ca) Derivative transactions of non- financial counterparties which are objectively measurable as reducing risks directly related to the commercial activity or treasury financing activity according to [Art. 10] of Regulation [...] (EMIR) shall be exempted from the prohibition or restriction.
Amendment 779 #
Proposal for a regulation
Article 36 – paragraph 4 – subparagraph 3
Article 36 – paragraph 4 – subparagraph 3
Persons established in the Union shall be allowed to receive investment services by a third country firm not registered in accordance with paragraph 1 only at their own exclusive initiative.