23 Amendments of Pervenche BERÈS related to 2009/0144(COD)
Amendment 172 #
Proposal for a regulation
Recital 34
Recital 34
(34) Member States have a core responsibility in preserving financial stability in crisis management, in particular with regard to stabilising and resolving individual ailing financial market participants. Measures by the Authority in emergency or settlement situations affecting the stability of a financial market participant should not impinge on the fiscal responsibilities of Member States. A mechanism should be established whereby Member States may invoke this safeguard and ultimately bring the matter before the Council for decision. It is appropriate to confer on the Council a role in this matter given the particular responsibilities of the Member States in this respect.
Amendment 228 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d a (new)
Article 6 – paragraph 1 – subparagraph 1 – point d a (new)
(da) approve whether contracts offered by a central clearing house are clearing- eligible;
Amendment 229 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d b (new)
Article 6 – paragraph 1 – subparagraph 1 – point d b (new)
(db) list on a public register all clearing- eligible contracts and all central clearing houses that have been authorised to clear those contracts;
Amendment 230 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d c (new)
Article 6 – paragraph 1 – subparagraph 1 – point d c (new)
(dc) negotiate and conclude information exchange agreements with third country supervisors and procedures for handling emergency situations;
Amendment 234 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point f a (new)
Article 6 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) foster investor protection, in particular by managing a Unit in charge of : – Authorising and revoking the authorisation to commercialise a new product – Controlling the development of products after 6 month of commercialisation – ensuring a harmonized enforcement of EU regulation on product disclosure and selling processes (to all retail investors for all retail investment products and services). EBA and EIOPA shall provide all the necessary support and cooperation to ESMA to properly execute this task;
Amendment 246 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point f a (new)
Article 6 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) directly collect the necessary data from financial institutions;
Amendment 249 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point f b (new)
Article 6 – paragraph 2 – subparagraph 1 – point f b (new)
(fb) coordinate the collection by its members of the necessary data from financial institutions;
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Authority shall, with a view to establishing consistent, efficient and effective supervisory practices within the ESFS, and to ensuring the common, uniform and consistent application of CommunityUnion legislation, issue guidelines and recommendations addressed to competent authorities or financial market participants. On matters where the Authority is empowered by legislation to develop technical standards according to Article 7 of this Regulation, it shall issue guidelines and recommendations only after the standards have been adopted.
Amendment 427 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purpose of consultation with stakeholders in areas relevant to the tasks of the Authority, a Securities and Markets Stakeholder Group shall be established. The stakeholder Group shall be consulted on all important decisions and actions of the Authority, and in particular on all decisions submitted to or taken by the Authority’s Board of Supervisors.
Amendment 431 #
Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 1
Article 22 – paragraph 2 - subparagraph 1
2. The Securities and Markets Stakeholder Group shall be composed of 30 members, representing in balanced proportions CommunityEU financial market participants, their employees as well as consumers, investors and users of financial services. No stakeholders in the group shall have an overall majority. Each stakeholder sub-group shall be composed of an equal number of representatives. Minimum five seats in the stakeholder group shall be reserved for consumer representatives.
Amendment 440 #
Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 2
Article 22 – paragraph 2 - subparagraph 2
The Securities and Markets Stakeholder Group shall meet at least twicefour times a year.
Amendment 446 #
Proposal for a regulation
Article 22 – paragraph 3 - subparagraph 2
Article 22 – paragraph 3 - subparagraph 2
In making its decision, the Board of Supervisors shall ensure that all members not representing professional market participants or their employees disclose any potential conflicts of interest. It shall also, to the extent possible, ensure an appropriate geographical balance and representation of stakeholders across the CommunityUnion .
Amendment 449 #
Proposal for a regulation
Article 22 – paragraph 3 - subparagraph 3
Article 22 – paragraph 3 - subparagraph 3
The Authority shall ensure access to all information and adequate secretarial support for the Securities and Markets Stakeholder Group. Non professional members shall be properly compensated for their work.
Amendment 455 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 2 a (new)
Article 22 – paragraph 4 – subparagraph 2 a (new)
The chair shall be designated by the members.
Amendment 475 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any way on the fiscal responsibilities of Member States.
Amendment 476 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 482 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 488 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 3
Article 23 – paragraph 2 – subparagraph 3
Amendment 490 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 4
Article 23 – paragraph 2 – subparagraph 4
Amendment 493 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Amendment 499 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Amendment 508 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2 a (new)
Article 23 – paragraph 3 – subparagraph 2 a (new)
The Authority shall revoke its decision or duly explain why it maintains it.
Amendment 514 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 4
Article 23 – paragraph 3 – subparagraph 4