17 Amendments of Pervenche BERÈS related to 2009/0161(COD)
Amendment 388 #
Proposal for a directive – amending act
Article 4 – point 3 c (new)
Article 4 – point 3 c (new)
Directive 2003/41/EC
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
(3c) In Article 15, the following paragraph is added: "6a. In order to ensure consistent harmonisation and uniform application of this Article, the European Insurance and Occupational Pensions Authority shall develop draft technical standards concerning the calculation of technical provisions. The Authority shall submit those draft technical standards and reports to the Commission by 1 June 2011. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EIOPA]."
Amendment 391 #
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 1
Article 20 – paragraph 11 – subparagraph 1
11. In order to ensure consistent harmonisation and uniform application of this Directive, the European Insurance and Occupational Pension Authority shall develop draft technical standards regarding the calculation of technical provisions and shall prepare reports listing for each Member State other provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1. The Authority shall submit those draft technical standards and reports to the Commission by 1 Januaryune 2014.1.”
Amendment 393 #
Proposal for a directive – amending act
Article 4 – point 2 b (new)
Article 4 – point 2 b (new)
Directive 2003/41/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
(2b) Article 21(1) is replaced by the following: "Member States, in cooperation with the European Insurance and Occupational Pensions Authority, shall ensure, in an appropriate manner, the consistent harmonisation and uniform application of this Directive through the application of common technical standards concerning authorisation, notification, rules regarding the calculation of technical provisions, information and disclosure procedures, regular exchanges of information and experience and closer cooperation, and by so doing, preventing distortions of competition and creating the conditions required for unproblematic cross-border membership."
Amendment 405 #
Proposal for a directive – amending act
Article 6 – point -1 c (new)
Article 6 – point -1 c (new)
Directive 2004/39/EC
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(-1) In Article 4, the following paragraph is inserted after paragraph 2: "2a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application regarding the different elements of the definitions laid down in paragraph 1 of this Article as well as the different elements of the definitions laid down in Article 2 of Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive1 and Article 2 of Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive2. The Authority shall submit those draft technical standards to the Commission by 1 January 2015." 1 OJ L 241, 2.9.2006, p. 1. 1 OJ L 241, 2.9.2006, p. 26.
Amendment 409 #
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of this Article and of Articles 7, 9(21)-(4), 10(1)-(2), and 12, the European Securities and Markets Authority mayshall develop draft technical standards to determine the conditions of application of the requirements and procedures for such authorisation as laid down in this Article and in Articles 7, 9(21)-(4), 10(1)-(2) and 12. The Authority shall submit those draft technical standards to the Commission by 1 January 2015.
Amendment 411 #
Proposal for a directive – amending act
Article 6 – point 3 a (new)
Article 6 – point 3 a (new)
Directive 2004/39/EC
Article 13 – paragraph 10 a (new)
Article 13 – paragraph 10 a (new)
(3a) In Article 13, the following paragraph is added: "10a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 6 to 8 of this Article and Article 18(1) and (2) of this Directive, and Articles 7 and 8 of Commission Regulation ° 1287//2006/EC as well as Articles 16 to 20 and 51 of Commission Directive 2006/73/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 413 #
Proposal for a directive – amending act
Article 6 – point 3 d (new)
Article 6 – point 3 d (new)
Directive 2004/39/EC
Article 19 – paragraph 10 a (new)
Article 19 – paragraph 10 a (new)
(3d) In Article 19, the following paragraph is inserted after paragraph 10: "10a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 4 to 7 of this Article as well as of Articles 35 to 39 of Commission Directive 2006/73/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 414 #
Proposal for a directive – amending act
Article 6 – point 3 e (new)
Article 6 – point 3 e (new)
Directive 2004/39/EC
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
(3e) In Article 21, the following paragraph is added: "6a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 1 to 5 of this Article as well as Articles 44- 46 of Commission Directive 2006/73/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 415 #
Proposal for a directive – amending act
Article 6 – point 3 f (new)
Article 6 – point 3 f (new)
Directive 2004/39/EC
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
(3f) In Article 22, the following paragraph is added: "3a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraph 2 of this Article as well as Article 31 of Commission Regulation 2006/1287/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 418 #
Proposal for a directive – amending act
Article 6 – point 3 i (new)
Article 6 – point 3 i (new)
Directive 2004/39/EC
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
(3i) In Article 27, the following paragraph is added: "7a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 1 to 6 of this Article as well as Articles 21- 26 of Commission Regulation 2006/1287/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 419 #
Proposal for a directive – amending act
Article 6 – point 3 j (new)
Article 6 – point 3 j (new)
Directive 2004/39/EC
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
(3j) In Article 28, the following paragraph is added: "3a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 1 to 2 of this Article as well as Articles 27 to30 and 32-34 of Commission Regulation 2006/1287/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 420 #
Proposal for a directive – amending act
Article 6 – point 3 k (new)
Article 6 – point 3 k (new)
Directive 2004/39/EC
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
(3k) In Article 29, the following paragraph is added: "3a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 1 to 2 of this Article as well as Articles 17 to 20, 29 to 30 and 32 to 34 of Commission Regulation 2006/1287/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the fist subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 421 #
Proposal for a directive – amending act
Article 6 – point 3 l (new)
Article 6 – point 3 l (new)
Directive 2004/39/EC
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
(3l) In Article 30, the following paragraph is added: "3a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 1 to 2 of this Article as well as Articles 27 to 30 and 32 to 34 of Commission Regulation 2006/1287/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 422 #
Proposal for a directive – amending act
Article 6 – point 5 a (new)
Article 6 – point 5 a (new)
Directive 2004/39/EC
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
(5a) In Article 39, the following paragraph is added: "1a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of point (d). The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 423 #
Proposal for a directive – amending act
Article 6 – point 5 b (new)
Article 6 – point 5 b (new)
Directive 2004/39/EC
Article 42 – paragraph 7 a (new)
Article 42 – paragraph 7 a (new)
(5b) In Article 42, the following paragraph is added: "7a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraph 1. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 424 #
Proposal for a directive – amending act
Article 6 – point 5 c (new)
Article 6 – point 5 c (new)
Directive 2004/39/EC
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
(5c) In Article 44, the following paragraph is added: "3a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 1 to 2 of this Article as well as Articles 17 to 20, 29 to 30 and 32 to 34 of Commission Regulation 2006/1287/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 425 #
Proposal for a directive – amending act
Article 6 – point 5 d (new)
Article 6 – point 5 d (new)
Directive 2004/39/EC
Article 45 – paragraph 3 a (new)
Article 45 – paragraph 3 a (new)
(5d) In Article 45, the following paragraph is: "3a. In order to take account of developments in financial markets and to ensure the uniform application of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the conditions of application of paragraphs 1 to 2 of this Article as well as Articles 27- 30 and 32 to 34 of Commission Regulation 2006/1287/EC. The Authority shall submit those draft technical standards to the Commission by 1 January 2015. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."