9 Amendments of Pervenche BERÈS related to 2017/0136(COD)
Amendment 200 #
Proposal for a regulation
Recital 33
Recital 33
(33) The degree of risk posed by a systemically-important CCP to the financial system and stability of the Union varies. The requirements for systemically- important CCPs should therefore be applied in a manner proportionate to the risks that the CCP may present to the Union. Where ESMA and the relevant central bank(s) of issue conclude that a third-country CCP is of such systemic importance that additional requirements will not ensure the financial stability of the Union, ESMA should be able to recommend to the Commission that that CCP should not be recognised. The Commission should be able to adopt an implementing act declaring that the third- country CCP should be established in the Union and authorised as such to provide clearing services in the Union. Following a recommendation by ESMA, the Commission should be able to impose any additional requirement that it deems necessary to safeguard the financial stability of the EU to the systemically- important third-country CCPs.
Amendment 282 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EU) 648/2012
Article 17 – paragraph 4 – subparagraph 4
Article 17 – paragraph 4 – subparagraph 4
2a. In Article 17, the fourth subparagraph of paragraph 4 is replaced by the following: ‘Where a joint opinion by mutual agreement as referred to in the third subparagraph has not been reached and a simple majority of two- thirds of the college haves expressed a negative opinion, any of the competent authorities concerned, based on that majority of two-thirds of the college, may, within 30 calendar days of the adoption of that negative opinion, refer the matter to ESMA in accordance with Article 19 of Regulation (EU) No 1095/2010. ‘
Amendment 314 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point b a (new)
Article 2 – paragraph 1 – point 6 – point b a (new)
Regulation (EU) No 648/2012
Article 21 – paragraph 6 – subparagraph 2 – point a
Article 21 – paragraph 6 – subparagraph 2 – point a
Amendment 450 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point d a (new)
Article 25 – paragraph 2 a – subparagraph 1 – point d a (new)
(da) the immediate and middle term effects that the failure of or a disruption to the CCP would have on the liquidity of the markets it serves, notably as regard the conduct of monetary policy by the central banks of issue, and on the availability of services it offers;
Amendment 469 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 b – point c a (new)
Article 25 – paragraph 2 b – point c a (new)
(ca) the CCP complies with any additional requirement imposed by the Commission, following a recommendation by ESMA;
Amendment 471 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 b – point d
Article 25 – paragraph 2 b – point d
(d) the CCP has put in place all necessary measures and procedures that ensure the effective compliance with the requirements laid down in points (a), (c) and (ca);
Amendment 513 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point g a (new)
Article 2 – paragraph 1 – point 9 – point g a (new)
Regulation (EU) No 648/2012
Article 25 – paragraph 7 – point e a (new)
Article 25 – paragraph 7 – point e a (new)
Amendment 560 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 d – paragraph 4
Article 25 d – paragraph 4
4. Prior to notifying a Tier 2 CCP of an investigation, ESMA shall inform the relevant third-country competent authority where the investigation is to be carried out of the investigation and of the identity of the authorised persons. Officials of the third-country competent authority concerned may, upon the request of ESMA, assist those authorised persons in carrying out their duties. Officials of the third-country competent authority concerned may also attend the investigations. Investigations in accordance with this Article shall be conducted provided that the relevant third-country authority does not object to them.
Amendment 564 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 e – paragraph 3 – subparagraph 1
Article 25 e – paragraph 3 – subparagraph 1
In sufficient time before the inspection, ESMA shall give notice of the inspection to the relevant third-country competent authority where the inspection is to be conducted. Where the proper conduct and efficiency of the inspection so require, ESMA, after informing the relevant third- country competent authority, may carry out the on-site inspection without prior notice to the CCP. Inspections in accordance with this Article shall be conducted provided that the relevant third-country authority has confirmed that it does not object to those inspections.