5 Amendments of Olivier CHASTEL related to 2020/0268(COD)
Amendment 43 #
Proposal for a directive
Recital 8
Recital 8
(8) A DLT multilateral trading facility should be a multilateral system, operated by an investment firm or a market operator authorised under Directive 2014/65/EU, that has received a specific permission under Regulation (EU) xx/20xx of the European Parliament and of the Council27 [Proposal for a regulation on a pilot regime on DLT market infrastructure]. DLT multilateral trading facilities should be subject to all the requirements applicable to a multilateral trading facility under that Directive, except if it were to be granted an exemption by its national competent authority in accordance with this Directive. One potential regulatory barrier to the development of a multilateral trading facility for transferable securities issued on a DLT could be the obligation of intermediation set out in Directive 2014/65/EU. A traditional multilateral trading facility can only admit as members and participants investment firms, credit institutions and other persons who have a sufficient level of trading ability and competence and who dispose of appropriate organisational arrangements and resources. A DLT multilateral trading facility should be allowed to request a derogation from such an obligation so that is can provide retail investors with easy access to the trading venue, provided that adequate safeguards are in place in terms of investor protection. _________________ 27 [full title] (OJ L […], […], p. […]).
Amendment 45 #
Proposal for a directive
Recital 9
Recital 9
(9) Directive (EU) 2015/2366 on payment services sets out specific rules on ICT security controls and mitigation elements for the purposes of authorisation to perform payment services. Those authorisation rules should be amended in order to align them with to Regulation (EU) 2021/xx [DORA]. Furthermore, the incident notification rules in that Directive should not apply to ICT-related incident notifications that Regulation (EU) 2021/xx [DORA] fully harmonises. Directive (EU) 2015/2366 should also ensure that Member States designate the competent authority responsible for carrying out the duties resulting from Regulation (EU) 2021/xx [DORA] for the supervision of payment systems.
Amendment 52 #
Proposal for a directive
Article 6 – paragraph 1 – point 4
Article 6 – paragraph 1 – point 4
Directive 2014/65/EU
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. However, where the investment firm or market operatoran entity operates a distributed ledger technology multilateral trading facility (“DLT multilateral trading facility”) as defined in Article 2(3) of Regulation xx/20xx [proposal for a regulation on a pilot regime for DLT market infrastructure], the competent authority may permit that, under its rules governing access as referred to in Article 18(3) and for a maximum of four years, the investment firm or market operatorentity operating a DLT multilateral trading facility admits natural persons to the DLT multilateral trading facility as members or participants, provided that those persons fulfil the following requirements:
Amendment 55 #
Proposal for a directive
Article 7 – paragraph 1 – point 1 a (new)
Article 7 – paragraph 1 – point 1 a (new)
Directive (EU) 2015/2366
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
(1 a) Article 22(1) is amended as follows: "1. Member States shall designate as the competent authorities responsible for the authorisation and prudential supervision of payment institutions which are to carry out the duties provided for under this Title and in accordance with Regulation (EU) 2021/xx of the European Parliament and of the Council [DORA] either public authorities, or bodies recognised by national law or by public authorities expressly empowered for that purpose by national law, including national central banks. " Or. en (02015L2366-20151223)
Amendment 56 #
Proposal for a directive
Article 7 – paragraph 1 – point 2 – point c
Article 7 – paragraph 1 – point 2 – point c
Directive (EU) 2015/2366
Article 95 – paragraph 5
Article 95 – paragraph 5
5. EBA and its independent director in charge of digital operational resilience shall promote cooperation, including the sharing of information, in the area of operational risks associated with payment services among the competent authorities, and between the competent authorities and the ECB.;