Activities of Frances FITZGERALD related to 2021/0380(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations as regards the establishment and functioning of the European single access point
Amendments (16)
Amendment 48 #
Proposal for a regulation
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 natural 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 49 #
Proposal for a regulation
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 entities and authorities 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 natural or legal person 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 51 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the functioning of ESAP, collection bodies should be designated to collect from the relevant entities 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 Mechanisms 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 relevant entities and their financial products in relation to financial services, capital markets and sustainability, that authority should act as a collection body as defined in Article 2, point (2) of Regulation (EU) XXXX/XXX [ESAP Regulation]. That authority should publish 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 55 #
Proposal for a regulation
Recital 11 – indent 3
Recital 11 – indent 3
Amendment 58 #
Proposal for a regulation
Recital 11 – indent 10
Recital 11 – indent 10
Amendment 60 #
Proposal for a regulation
Recital 11 – indent 21
Recital 11 – indent 21
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 1060/2009
Article 13a – paragraph 3 – subparagraph 2
Article 13a – paragraph 3 – subparagraph 2
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 5(3), Article 8d(2), Article 11(2), Article 11a(1), Article 11a(2), Article 18(3), Article 24(5), and Article 36d(1), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the name, where available, and the legal entity identifier of the credit rating agency as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
Amendment 70 #
Proposal for a regulation
Article 3
Article 3
Regulation (EU) No 648/2012
Article 38a
Article 38a
Amendment 79 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Regulation (EU) No 537/2014
Article 13a – paragraph 3
Article 13a – paragraph 3
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(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 80 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Regulation (EU) No 596/2014
Article 21a – paragraph 3 – subparagraph 2
Article 21a – paragraph 3 – subparagraph 2
From 1 January 2025, for the purposes of making accessible on ESAP the information referred to in Articles 17(1) and 19(3), thMember States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the relevant officially appointed mechanismand notify ESMA of the designation.
Amendment 82 #
Proposal for a regulation
Article 10
Article 10
Regulation (EU) No 909/2014
Article 74a
Article 74a
Amendment 95 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. From 1 January 2026, when making public the key information document pursuant to Article 5(1), and when publishing information about past performance pursuant to Article 8(3) of Commission Delegated Regulation (EU) 2017/653, the PRIIPs manufacturer shall submit that key information document and, where applicable, information on past performance to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility of such information on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
Amendment 97 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Regulation (EU) 1286/2014
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 key information document referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21(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 107 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Regulation (EU) 2017/1129
Article 21a – paragraph 3 – subparagraph 1
Article 21a – paragraph 3 – subparagraph 1
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMAthe national competent authority.
Amendment 108 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Regulation (EU) 2017/1129
Article 21a – paragraph 3 – subparagraph 2
Article 21a – paragraph 3 – subparagraph 2
From 1 January 2024, for the purposes of making accessible on ESAP the information referred to in Articles 25(1), Article 25(4), and Article 26(2), the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMAthe national competent authority. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the issuer or, where applicable, the offeror as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
Amendment 121 #
Proposal for a regulation
Article 21 – paragraph 1 Regulation (EU) 2021/23
Article 21 – paragraph 1 Regulation (EU) 2021/23