19 Amendments of Kira Marie PETER-HANSEN related to 2021/0378(COD)
Amendment 74 #
Proposal for a regulation
Recital 2
Recital 2
(2) Easy access to data is important in order for decision makers, civil society, investors, as well as other stakeholders in the economy and society to make sound decisions that serve the efficient functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial sector is undergoing a digital transformation, which is expected to continue in the coming years, and the Union should support that transformation, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the Union. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to entities’ information such as companies, businesses, financial institutions, financial and non- financial information needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, a European single access point (“ESAP”), giving electronic access to all relevant information.
Amendment 104 #
Proposal for a regulation
Recital 12
Recital 12
(12) ESAP should provide users with access to information for free and without discrimination and should make it possible for those users to search, access and download the information through ESAP. However, taking into account the need to protect ESMA from an excessive financial burden in relation to costs incurred for serving the needs of intensive users, if any, ESMA should have the ability to generate revenues. Therefore, by way of derogation from the principle that information should be accessible free of charge, ESMA should be allowed to impose fees for those specific services, including for services with high maintenance costs due to searches for very large volumes of information or to frequent access to ESAP and where those services are for commercial re-use of data. Any fees imposed should, however, not exceed the cost of the service provided.
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. If available, ESAP shall not provide access to information submitted before 1 January 2024.
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Any natural or legal personentity in the meaning of Article 1, paragraph 2 may submit to a collection body the information referred to in Article 1(1), point (b) to make that information accessible on ESAP. When submitting that information, the natural or legal person shall:
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) provide external assurance, including by statutory auditor, audit firm or independent assurance service provider;
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(d b) certify the correctness of the information by the entity where no external assurance is provided.
Amendment 169 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) where the information is manifestly inappropriate, abusive, or clearly outside the scope of the information referred to in Article 1(1).
Amendment 173 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Entities shall ensure the accuracy, completeness and reliability of the information they submit to the collection bodies as well as for the accompanying metadata.
Amendment 182 #
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) the type of information including information on sustainability where applicable, submitted by the entity that submitted the information;
Amendment 196 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
ESMA may, however, charge fees for specific services that involve searches for a very large volume of information or for frequently updated information and when those services are for commercial re-use of data. Those fees shall not exceed the cost incurred by ESMA for the provision of the service.
Amendment 199 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. ESMA shall make publicly and easily accessible the circumstances of commercial re-use of data linked to the thresholds of volumes of information and frequencies above which the fees referred in paragraph 2 shall apply.
Amendment 208 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. ESMA shall perform automatedt least every six months automated periodic validations to verify compliance of the information submitted by the collection bodies with the requirements laid down in Article 5(1), point (b).
Amendment 210 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. ESMA shall apply procedures to verify the completeness and accuracy of the information submitted by the collection bodies. ESMA may also perform additional data quality, integrity, and proof of origin checks, and may notify and suspend publication of information depending on the results of these checks.
Amendment 211 #
2 b. ESMA shall reject information submitted by entities in each of the following cases: (a) where the automated validations referred to in paragraph 1, point (b), reveal that the information does not comply with the requirements laid down in paragraph 1, point (b); (b) where the information is manifestly inappropriate, abusive, or clearly outside the scope of the information referred to in Article 1(1).
Amendment 212 #
Proposal for a regulation
Article 11 – paragraph 1 – point a a (new)
Article 11 – paragraph 1 – point a a (new)
(a a) ensure that the information made available on the ESAP is complete and accurate
Amendment 230 #
Proposal for a regulation
Annex I – Part A – point 21 a (new)
Annex I – Part A – point 21 a (new)
21 a. Regulation (EC) No xxxx/xxxx on European Green Bonds
Amendment 234 #
Proposal for a regulation
Annex I – Part A – point 21 b (new)
Annex I – Part A – point 21 b (new)
21 b. Regulation (EC) No xxxx/xxxx on Markets in Crypto-Assets (MiCA)
Amendment 235 #
Proposal for a regulation
Annex I – Part B – point 9 a (new)
Annex I – Part B – point 9 a (new)
9 a. Directive (EC) No xxxx/xxxx Corporate Sustainability Due Diligence
Amendment 237 #
Proposal for a regulation
Annex I – Part B – point 11 a (new)
Annex I – Part B – point 11 a (new)
11 a. Directive (EC) No xxxx/xxxx establishing a framework for the recovery and resolution of insurance and reinsurance undertakings