15 Amendments of Isabel BENJUMEA BENJUMEA related to 2023/0205(COD)
Amendment 197 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This Regulation sets out a series of requirements, such as the digitisation of data or the provision of data to customers free of charge and in real time, which incur costs for and place burdens on the entities falling under its scope of application. The Commission is therefore urged to conduct an in-depth analysis of the costs to which they give rise so as to ensure that no business is potentially disadvantaged.
Amendment 200 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) With a view to ensuring a level playing field and avoiding any competitive disadvantage, entities excluded from the scope of this Regulation shall under no circumstances be obliged to share data collected through their work with data users as defined in this Regulation. This includes, for example, data collected by insurance intermediaries that are SMEs or micro-enterprises for the purposes of either a demands and needs assessment pursuant to Article 20 of Directive (EU) 2016/97 of the European Parliament and Council or an appropriateness and suitability assessment pursuant to Article 30 of said Directive.
Amendment 213 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Providers of financial information services as defined in this Regulation shall be data users authorised to provide financial information services. Financial information services shall be services provided with the aim of imparting information to customers on financial products falling within the scope of the Regulation. Financial information services may consist, for instance, in analytical, comparative and aggregation activities. The providers of such services shall in no event be authorised to conduct, for example, activities regulated by existing sector-specific financial legislation. These activities shall be carried out by entities regulated by the relevant sector-specific legislation. As such, these providers shall not be authorised, for example, to provide financial advice or to carry out insurance distribution activities regulated under Directive (EU) 2016/97 or Directive 2014/65/EU.
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) savings, investments in financial instruments, insurance-based investment products, crypto-assets, real estate and other related financial assets as well as the economic benefits derived from such assets; including data collected for the purposes of carrying out an assessment of suitability and appropriateness in accordance with Article 25 of Directive 2014/65/EU of the European Parliament and of the Council32; _________________ 32 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, p. 349).
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 257 #
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) (e) vehicle insurance services;
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. By way of exemption from paragraph 3, this Regulation shall apply to the entities referred to in Article 2(3)(e) of Regulation (EU) 2022/2554 if they so wish, provided that they prove their compliance with the relevant provisions of Regulation (EU) 2022/2554.
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. This Regulation shall apply to the credit intermediaries referred to in Article 4(5) of Directive 2014/17/EU if they so wish, provided that they prove their compliance with the relevant provisions of Regulation (EU) 2022/2554.
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 3 c (new)
Article 2 – paragraph 3 c (new)
3c. Small and non-interconnected investment firms as defined in Article 12 of Regulation (EU) 2019/2033 shall fall outside the scope of this Regulation.
Amendment 326 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'Financial information services' shall mean services aimed at providing customers with information on the financial products set out in Article 2(1) of this Regulation. Financial information services shall not include the provision of services regulated under existing sector- specific financial legislation and reserved for regulated financial institutions. Financial information services shall not include financial advice or insurance distribution services regulated by Directive (EU) 2016/97 or Directive 2014/65/EU;
Amendment 333 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘investment account’ means any register managed by an investment firm, credit institution or an insurance brokerintermediary about the current holdings in financial instruments or insurance-based investment products of their client, including past transactions and other data points relating to lifecycle events of that instrument;
Amendment 463 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a – point ii a (new)
Article 10 – paragraph 1 – subparagraph 1 – point a – point ii a (new)
(iia) associations and relevant professional organisations.
Amendment 571 #
Proposal for a regulation
Article 31 – paragraph 1 – point d
Article 31 – paragraph 1 – point d
(d) the inclusion of other types of entities to those entities granted the right of access to data.on the list of data holders and data users set up under this Regulation, including the inclusion of certain categories of entities on a voluntary basis;
Amendment 575 #
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
(ea) costs of compliance with this Regulation.
Amendment 586 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
It shall apply from [OP please insert the date = 2430 months after the date of entry into force of this Regulation]. However, Articles 9 to 13 shall apply from [OP please insert the date = 1824 months after the date of entry into force of this Regulation].