Activities of Frances FITZGERALD related to 2021/0379(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending certain Directives as regards the establishment and functioning of the European single access point
Amendments (14)
Amendment 50 #
Proposal for a directive
Recital 2
Recital 2
(2) ESAP is to be established in accordance with Regulation (EU) XXX/XXX of the European Parliament and of the Council [ESAP Regulation]19 in order to enable an easy access to data for decision makers 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 world is expected to undergo a digital transformation in the coming years, and the Union should support this, in particular by promoting data-driven finance. Ensuring easier access to public information is also crucial to increasing opportunities for small and medium business growth, visibility, and innovation. This includes easier access to voluntary information. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the Union economy. 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 financial and non-financial information on natural or legal persons required to make information public, or submitting financial and sustainability- related information about their economic activities to a collection body on a voluntary basis (‘entities’) needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, ESAP, giving electronic access to all relevant information. _________________ 19 [OP: Please insert corresponding footnote: full title and OJ reference].
Amendment 51 #
Proposal for a directive
Recital 3
Recital 3
(3) ESAP should provide the public with an easy centralised access to information about entities and their products in relation to financial services, capital markets and sustainability that authorities and entities are required to publish in accordance with a number of Directives in that field, according to a file- once principle and without entailing any additional reporting requirements beyond those specified by law. In any case, any entity may submit information about its economic activities of relevance to financial services, or to capital markets or concerning sustainability to a collection body with a view to making that information accessible on ESAP in accordance with Article 3 of Regulation (EU) XXX/XXX [ESAP Regulation].
Amendment 53 #
Proposal for a directive
Recital 5
Recital 5
(5) For the functioning of ESAP, collection bodies should be designated to collect from the entity the information in relation to financial services capital markets and sustainability. In the absence of a collection body already established under Union law, Member States shall designate at least one of the Officially Appointed Mechanism established under Directive 2004/109/EC of the European Parliament and of the Council20 to collect and store the information, and notify the European Securities and Markets Authority (ESMA) accordingly. That Officially Appointed Mechanism should act as a collection body as defined in Article 2, point (2) of Regulation (EU) XXXX/XXX [ESAP Regulation] and should carry out the specific tasks set out in that Regulation. Where a European Supervisory Authority or a competent authority is required under Union law to draw-up and publish on its website information on the entities and their financial products in relation to financial services, capital markets and sustainability, that authority should act as a collection body as defined Article 2, point (2) of Regulation (EU) XXXX/XXX [ESAP Regulation]. That authority should publish the information in a data extractable format, include the names and, where available, the legal entity identifier of the entity, and specify the type of information. _________________ 20 Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38).
Amendment 59 #
Proposal for a directive
Recital 11 – indent 11
Recital 11 – indent 11
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2002/87/EC
Article 30b – paragraph 3
Article 30b – paragraph 3
3. By 31 December 2025, for the purposes of paragraph 1, Member States shall designate one of the officially appointed mechanisms as defined in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.
Amendment 78 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2007/36/EC
Article 14c – paragraph 3
Article 14c – paragraph 3
3. By 31 December 2024, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.
Amendment 84 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Directive 2009/138/EC
Article 304b – paragraph 1 – subparagraph 1
Article 304b – paragraph 1 – subparagraph 1
1. From 1 January 2026, Member States shall ensure that, when making public any quantitative information pursuant to Article 51(1) and Article 256(1) of this Directive, as defined in the Implementing Regulation (EU) 2015/2452 of 2 December 2015 laying down implementing technical standards with regard to the procedures, formats and templates of the solvency and financial condition report in accordance with Directive 2009/138/EC of the European Parliament and of the Council, as well as any qualitative information pursuant to Article 51(1) and Article 256(1) of this Directive, insurance or reinsurance undertakings submit at the same time that information to the relevant collection body referred to in paragraph 3 of this Article for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
Amendment 87 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Directive 2009/138/EC
Article 304b – paragraph 3 – subparagraph 1
Article 304b – paragraph 3 – subparagraph 1
3. By 31 December 2025, for the purposes of making accessible on ESAP the information referred to under paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.
Amendment 96 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Directive 2013/34/EC
Article 33a – paragraph 2
Article 33a – paragraph 2
2. By 31 December 2024, for the purposes of paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.
Amendment 99 #
Proposal for a directive
Article 11
Article 11
Directive 2014/59/EU
Article 128a
Article 128a
Amendment 103 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive 2014/65/EU
Article 87a – paragraph 3 – subparagraph 1
Article 87a – paragraph 3 – subparagraph 1
3. By 31 December 2025, for the purposes of making accessible on ESAP the information referred to in paragraph 1 Member States shall designate one of the officially appointed mechanisms referred to in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.
Amendment 113 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Directive (EU) 2016/2341
Article 63a – paragraph 3 – subparagraph 1
Article 63a – paragraph 3 – subparagraph 1
3. By 31 December 2025, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.
Amendment 118 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Directive 2019/2034
Article 44a – paragraph 3 – subparagraph 1
Article 44a – paragraph 3 – subparagraph 1
3. By 31 December 2025, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.
Amendment 122 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Directive 2019/2162
Article 29a – paragraph 3 – subparagraph 1
Article 29a – paragraph 3 – subparagraph 1
3. By 31 December 2025, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21, point (2) of Directive 2004/109/EC as that least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereofof the designation.