105 Amendments of Laurence SAILLIET
Amendment 51 #
2023/2130(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Welcomes the resumption of in- presence plenary sessions in Strasbourg; recalls that the EU Treaties stipulate that Parliament shall have its seat in Strasbourg, where the 12 periods of monthly plenary sessions, including the budget session, shall be held; underlines that the suspension of sessions in Strasbourg, the introduction of electronic voting and remote participation are linked to the exceptional circumstances of the COVID-19 pandemic; recalls that any change to the Treaties requires the unanimity of the Member States;
Amendment 60 #
2023/2130(DEC)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes with satisfaction that Members were given the opportunity to take part in plenary debates from the EPLOs in their Member States of election, this being as a result of the exceptional measures put in place during the pandemic, this having been facilitated by the actions of DG COMM; welcomes the increased efforts made by DG COMM to make use of new technologies to facilitate the work of Members during the COVID- 19 pandemic; acknowledges that the remote access for national media to the communication activities of Parliament has opened up ways to interact with Union citizens;
Amendment 129 #
2023/2130(DEC)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Recalls that the official languages to be used by the Union institutions, bodies and agencies are established in Regulation No 13; acknowledges that DG TRAD ensures that Parliament’s procedural content is available in all 24 official and working languages of the Union, thereby enabl; regrets that, in practice, just one of the Union’s working languages is used more widely ing Parliament to fulfil its commitment to the policy of multilingualism’s work, and increasingly so in recent years; calls for multilingualism to be respected by ensuring, where necessary, an adequate number of translation and interpreting staff; _________________ 3 Regulation No 1 determining the languages to be used by the European Economic Community (OJ P 017, 6.10.1957, p. 385)
Amendment 80 #
2023/0363(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Reporting and disclosure requirements can also impose disproportionate burdens on interested parties, and can be particularly burdensome for small and medium-sized enterprises or micro-enterprises;
Amendment 82 #
2023/0363(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Streamlining reporting obligations and reducing administrative burdens is therefoare a priority, including as regards reporting requirements in the financial sector and as regards the frequency of reporting related to the InvestEU Programme established under Regulation (EU) 2021/523 of the European Parliament and of the Council3 . __________________ 3 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
Amendment 87 #
2023/0363(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Financial institutions and other entities active on financial markets are required to report a wide range of information to enable Union and national authorities overseeing the financial system to monitor risks, ensure financial stability and market integrity, and protect investors and consumers of financial services in the Union. The European Supervisory Authorities and the European authority for countering money laundering and terrorist financing (AMLA) should regularly review the reporting and disclosure requirements and propose, where appropriate, to streamline and remove redundant or, obsolete or disproportionate requirements. They should coordinate this work via the Joint Committee of the European Supervisory Authorities. Facilitating theThey should make it easier to sharinge and reuse of the information collected by the authorities, while safeguarding data protection, professional secrecy and intellectual property, shouland reduceing the burden on reporting entities and on authorities by avoiding duplicative requests, in line with the Strategy on supervisory data in EU financial services. Information sharing should also contribute to better coordination of supervisory activities and supervisory convergence.
Amendment 88 #
2023/0363(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to foster the exchange of information across the entire financial sector, all authorities responsible for supervision in the financial sector, including the ESRB, the ESAs, the AMLA, the SSM, the SRB, as well as all respective competent, supervisory and resolution authorities in the Member States, should be included in the scope of this amending Regulation.
Amendment 104 #
2023/0363(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) No 1093/2010
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to remove redundant or, obsolete reportingand disproportionate reporting and disclosure requirements andto minimise costs;;
Amendment 36 #
2023/0323(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 36 #
2023/0323(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The sector engaged in the production, distribution and retail of slow-moving, cultural products, has a unique organisation within the broader retail landscape; a business model that benefits all involved parties by accounting for the structure of the creative and cultural sectors as keepers of large stocks with unique, slow operating cycles and stock rotation; a business model adapted to the distinctive traits of slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 37 #
2023/0323(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The sector engaged in the production, distribution and retail of books has a unique organisation within the broader retail landscape; having developed over decades a balanced business model employing long and flexible payment terms with the main aim of providing a diverse offer of books that enriches European culture; a business model that benefits all involved parties by accounting for the singular structure of bookshops as keepers of large stocks of thousands of unique titles, with infrequent stock rotation; a business model adapted to the distinctive traits of the trade of books, recognising books as slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 37 #
2023/0323(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The sector engaged in the production, distribution and retail of books has a unique organisation within the broader retail landscape; having developed over decades a balanced business model employing long and flexible payment terms with the main aim of providing a diverse offer of books that enriches European culture; a business model that benefits all involved parties by accounting for the singular structure of bookshops as keepers of large stocks of thousands of unique titles, with infrequent stock rotation; a business model adapted to the distinctive traits of the trade of books, recognising books as slow-moving and slow-selling cultural products with intrinsic value, unparalleled in other types of retail.
Amendment 88 #
2023/0323(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 88 #
2023/0323(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 104 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
(ca) payments resulting from the purchase, sale, delivery, commission or agency operations contributing to the manufacture of books, as well as for the supply of paper and other consumables dedicated to the printing, binding or publishing of books,– in their special position as slow-moving, cultural products – where the payment terms shall be defined by agreement between the concerned parties.
Amendment 104 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
(ca) payments resulting from the purchase, sale, delivery, commission or agency operations contributing to the manufacture of books, as well as for the supply of paper and other consumables dedicated to the printing, binding or publishing of books,– in their special position as slow-moving, cultural products – where the payment terms shall be defined by agreement between the concerned parties.
Amendment 112 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 112 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 121 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 121 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 150 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 360 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products one creditor and the debtor may agree on a payment period longer than 60 days as long as it is justified and previously a gregular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such producted in clear and unambiguous terms in the contract between the debtor and the creditor. In commercial transactions where the debtor is a public authority, the payment period shall not exceed 30 calendar days.
Amendment 150 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 360 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products one creditor and the debtor may agree on a payment period longer than 60 days as long as it is justified and previously a gregular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such producted in clear and unambiguous terms in the contract between the debtor and the creditor. In commercial transactions where the debtor is a public authority, the payment period shall not exceed 30 calendar days.
Amendment 172 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 172 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 178 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 178 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 189 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 189 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 194 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 194 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Nevertheless, longer payment terms may be defined by mutual agreements between the parties which are engaged in the production and retail of slow-moving, cultural products, with unique operating cycles and stock rotation of goods.
Amendment 202 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. Paragraph 1 does not apply to the book sector.
Amendment 202 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. Paragraph 1 does not apply to the book sector.
Amendment 303 #
2023/0323(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 339 #
2023/0323(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 357 #
2023/0323(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 381 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, including factoring and similar financing services, and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.
Amendment 81 #
2023/0321(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) The existence of 27 different corporate income tax systems in the Union gives rise to complexity in tax compliance and leads to unfair competition for businesses. That has become more evident as globalisation and digitalisation of the economy have significantly altered the perception of land borders and business models. As governments have tried to adapt to that new reality, a fragmented response among Member States has led to further distortions in the internal market. The various legal frameworks inevitably lead to different tax administration practices across the Member States as well. This often entails long procedures characterised by unpredictability and inconsistency along with high compliance costs which undermine the competitiveness of our enterprises and the liberation of energy.
Amendment 86 #
2023/0321(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) Albeit different in their design, the fundamental features of corporate income tax systems are similar as they lay down rules aiming towards the same objective, i.e., to arrive at a taxable base for businesses. In this vein, it would be important for businesses which operate on the internal market that Member States introduce a common legal framework to harmonise the fundamental features of corporate income tax systems with a view to simplifying tax rules, reducing the administrative burden and ensuring a fair competition.
Amendment 91 #
2023/0321(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) The environment for doing business in the internal market should be made more attractive with the aim to stimulate growth and investment in the Union. For this purpose, the enactment of a common framework of corporate tax rules should be prioritised, in order to make it easier for businesses to comply with such rules when they operate across borders and also to encourage those who wish to further expand abroad to do so. A single set of corporate tax rules for international activity is expected to result in enhanced tax certainty and less tax disputes, as it would tackle distortions and decrease the number of cases of double and over-taxation. The harmonisation of rules should aim at reducing tax avoidance practices by creating a business-friendly environment, reducing aggressive tax policies and implementing investment-friendly and innovation-friendly tax policies. Furthermore, as tax revenue sustainability is key to Member States’ budgets, including to invest in infrastructure, research and development and to deliver public services, it would be critical to ensure for the future that the allocation of revenues is performed in accordance with a tool based on solid parameters that cannot be abused.
Amendment 138 #
2023/0321(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) A common framework for corporate taxation would necessarily feature an administration system, which should ideally provide for a degree of tax certainty and simplification. To promote uniformity, the administration system would have to build on the importance of operating a centralised point of reference for dealing with a number of common issues, such as an Information Return for the entire group, and ensuring an adequate degree of coordination, security, confidentiality and collaboration amongst national tax administrations. At the same time, the administration system should fully respect national tax sovereignty as local tax returns, audits and dispute settlement would have toill remain primarily at the level of the Member States.
Amendment 147 #
2023/0321(CNS)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Each BEFIT group should have a filing entity, which should determine the country of the filing authority and the competent tax authority which will lead the BEFIT team. For the sake of consistency, the filing authority should be based in the Member State where the parent company of the BEFIT group is resident for tax purposes. When the BEFIT group is owned by a firm headquartered in a third country, the filing entity should be the European intermediate parent undertaking, where there is one.
Amendment 151 #
2023/0321(CNS)
Proposal for a directive
Recital 24
Recital 24
(24) To allow businesses to directly enjoy the benefits of the internal market without incurring an unnecessary additional administrative burden, information on the tax provisions set out in this Directive should be made accessible through the Single Digital Gateway (‘SDG’) in accordance with Regulation (EU) 2018/17248 . The SDG provides a one-stop-shop for cross-border users for the online provision of information, procedures and assistance services relevant to the smooth functioning of the internal market. _________________ 8 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
Amendment 184 #
2023/0321(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘economic owner’ means the person who receives substantiallyin large part all the benefits and bears allmost of the risks attached to a fixed asset, regardless of whether that person is the legal owner. A taxpayer who has the right to possess, use and dispose of a fixed asset and bears the risk of its loss or destruction shall in any event be considered the economic owner;
Amendment 125 #
2023/0212(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Central bank money in the form of banknotes and coins cannot be used for online payments. Today, online payments rely entirely on commercial bank money. The acceptability and fungibility of commercial bank money rely on its convertibility on a one-to-one basis to central bank money with legal tender, which serves as a monetary anchor. That monetary anchor is at the core of the functioning of monetary and financial systems. It underpins users’ confidence in commercial bank money and in the euro as a currency and is therefore essential to safeguard the stability of the monetary system in a digitalised economy and society. As central bank money in physical form alone cannot address the needs of a rapidly digitalising economy, this could gradually remove the monetary anchor for commercial bank money. It is therefore necessarypossible to introduce a new form of official currency with legal tender which is risk free and helps visualise the convertibility at par of the money issued by various commercial banks.
Amendment 125 #
2023/0212(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Central bank money in the form of banknotes and coins cannot be used for online payments. Today, online payments rely entirely on commercial bank money. The acceptability and fungibility of commercial bank money rely on its convertibility on a one-to-one basis to central bank money with legal tender, which serves as a monetary anchor. That monetary anchor is at the core of the functioning of monetary and financial systems. It underpins users’ confidence in commercial bank money and in the euro as a currency and is therefore essential to safeguard the stability of the monetary system in a digitalised economy and society. As central bank money in physical form alone cannot address the needs of a rapidly digitalising economy, this could gradually remove the monetary anchor for commercial bank money. It is therefore necessarypossible to introduce a new form of official currency with legal tender which is risk free and helps visualise the convertibility at par of the money issued by various commercial banks.
Amendment 135 #
2023/0212(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The digital euro should complement euro banknotes and coins and shouldmust not replace the physical forms of the single currency. As legal tender instruments, both cash and digital euro are equally important. Regulation (EU) [please insert reference – proposal for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would harmonise legal tender for cash and ensure that cash is widely distributed and effectively used.
Amendment 135 #
2023/0212(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The digital euro should complement euro banknotes and coins and shouldmust not replace the physical forms of the single currency. As legal tender instruments, both cash and digital euro are equally important. Regulation (EU) [please insert reference – proposal for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would harmonise legal tender for cash and ensure that cash is widely distributed and effectively used.
Amendment 247 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
7a. ‘liquidity providing intermediary” means a payment services provider, as defined in paragraph 7, that holds the commercial bank account linked to the digital euro payment account, whether for the payer or the payee. The liquidity providing intermediary may be different from the payment services provider holding the digital euro payment account.
Amendment 247 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
7a. ‘liquidity providing intermediary” means a payment services provider, as defined in paragraph 7, that holds the commercial bank account linked to the digital euro payment account, whether for the payer or the payee. The liquidity providing intermediary may be different from the payment services provider holding the digital euro payment account.
Amendment 313 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Within the framework of Directive 2015/2366, all payment service providers mayshall provide the digital euro payment services set out in Annex I to:
Amendment 313 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Within the framework of Directive 2015/2366, all payment service providers mayshall provide the digital euro payment services set out in Annex I to:
Amendment 317 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Payment service providers that provide servicing payment services within the meaning of Directive 2015/2366 shall enable digital euro usersclients to whom they provide a digital euro payment account to manually or automatically fund or defund their digital euro payment accounts from or to non- digital euro payment accounts, or euro banknotes and coins when a payment services provider provides cash services, subject to any limitations that the European Central Bank may adopt in accordance with Article 16 of this Regulation.
Amendment 317 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Payment service providers that provide servicing payment services within the meaning of Directive 2015/2366 shall enable digital euro usersclients to whom they provide a digital euro payment account to manually or automatically fund or defund their digital euro payment accounts from or to non- digital euro payment accounts, or euro banknotes and coins when a payment services provider provides cash services, subject to any limitations that the European Central Bank may adopt in accordance with Article 16 of this Regulation.
Amendment 337 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Account holder PSPs that allow third party wallet providers to offer the waterfall and reverse waterfall services shall be compensated for the costs of providing these services. Payment service providers that provide CBDC wallets and perform the strong authentication of the payer (SCA) are fully responsible for the potential fraud generated under their control and shall immediately and automatically compensate the account holder PSP debited by reverse waterfall on first request (in the event of a dispute generated by the payer). The volumes of automatic movements of "funding" and "defunding" shall be limited, according to the account holder PSP analysis, to mitigate this risk.
Amendment 337 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Account holder PSPs that allow third party wallet providers to offer the waterfall and reverse waterfall services shall be compensated for the costs of providing these services. Payment service providers that provide CBDC wallets and perform the strong authentication of the payer (SCA) are fully responsible for the potential fraud generated under their control and shall immediately and automatically compensate the account holder PSP debited by reverse waterfall on first request (in the event of a dispute generated by the payer). The volumes of automatic movements of "funding" and "defunding" shall be limited, according to the account holder PSP analysis, to mitigate this risk.
Amendment 351 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purpose of distributing the digital euro to natural persons referred to in Article 13(1)(a), credit institutions that provide payment services as referred to in points (1), (2) or (3) of Annex I to Directive (EU) 2015/2366 shall, upon request of their clients only, provide those persons with all basic digital euro payment services as referred to in Annex II.
Amendment 351 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purpose of distributing the digital euro to natural persons referred to in Article 13(1)(a), credit institutions that provide payment services as referred to in points (1), (2) or (3) of Annex I to Directive (EU) 2015/2366 shall, upon request of their clients only, provide those persons with all basic digital euro payment services as referred to in Annex II.
Amendment 369 #
2023/0212(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. With a view to enabling natural and legal persons to access and use digital euro, to defining and implementing monetary policy and to contributing to the stability of the financial system, the use of the digital euro as a store of value mayshall be subject to limits. The Digital Euro aims to be a digital substitute for cash. Considering the possible use of automated fund transfers between central bank and commercial bank accounts, the Digital Euro holding limit shall correspond to the daily uses of cash. In this regards, an amount of 100 Euros as a holding limit is consistent with the daily usages.
Amendment 369 #
2023/0212(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. With a view to enabling natural and legal persons to access and use digital euro, to defining and implementing monetary policy and to contributing to the stability of the financial system, the use of the digital euro as a store of value mayshall be subject to limits. The Digital Euro aims to be a digital substitute for cash. Considering the possible use of automated fund transfers between central bank and commercial bank accounts, the Digital Euro holding limit shall correspond to the daily uses of cash. In this regards, an amount of 100 Euros as a holding limit is consistent with the daily usages.
Amendment 457 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 (new)
Article 17 – paragraph 2 – subparagraph 1 (new)
Payment service providers should be able to charge services up to the costs incurred, in order to avoid any distortion of competition rules.
Amendment 457 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 (new)
Article 17 – paragraph 2 – subparagraph 1 (new)
Payment service providers should be able to charge services up to the costs incurred, in order to avoid any distortion of competition rules.
Amendment 491 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 7 a (new)
Article 17 – paragraph 7 a (new)
7a. In the case where the payment service provider of the payee is different from the liquidity providing intermediary as defined in article 2 paragraph 7a, a share of the merchant service charge applied by the payment service provider of the payee is transferred to the liquidity providing intermediary
Amendment 491 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 7 a (new)
Article 17 – paragraph 7 a (new)
7a. In the case where the payment service provider of the payee is different from the liquidity providing intermediary as defined in article 2 paragraph 7a, a share of the merchant service charge applied by the payment service provider of the payee is transferred to the liquidity providing intermediary
Amendment 492 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 7 b (new)
Article 17 – paragraph 7 b (new)
7b. In the case where the payment services provider of the payer is different from the liquidity providing intermediary, as defined in article 2 paragraph 7a, a share of the fees applied by the payment service provider of the payer is transferred to the liquidity providing intermediary.
Amendment 492 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 7 b (new)
Article 17 – paragraph 7 b (new)
7b. In the case where the payment services provider of the payer is different from the liquidity providing intermediary, as defined in article 2 paragraph 7a, a share of the fees applied by the payment service provider of the payer is transferred to the liquidity providing intermediary.
Amendment 493 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 7 c (new)
Article 17 – paragraph 7 c (new)
7c. The fees applicable in cases described in paragraph 7a and 7b shall be based on the relevant costs incurred by the credit institution holding the commercial bank account.
Amendment 493 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 7 c (new)
Article 17 – paragraph 7 c (new)
7c. The fees applicable in cases described in paragraph 7a and 7b shall be based on the relevant costs incurred by the credit institution holding the commercial bank account.
Amendment 552 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers distributing the digital euro shall provide digital euro users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services and have the option to provide :
Amendment 552 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers distributing the digital euro shall provide digital euro users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services and have the option to provide :
Amendment 555 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) front-end services developed by payment service providers; andor
Amendment 555 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) front-end services developed by payment service providers; andor
Amendment 157 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j – point iii
Article 2 – paragraph 2 – point j – point iii
(iii) instruments valid only in a single Member State, which are provided at the request of an undertaking or a public sector entity and regulated by a national or regional public authority for specific social or tax purposes to acquire specific goods or services from suppliers having a commercial agreement with the issuer which cannot be converted into cash;
Amendment 183 #
2023/0205(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Customer data related to the provision of non-life insurance are essential to enable insurance products and services important to the needs of customer like the protection of homes, vehicles, and other property. At the same time, the collection of such data is often burdensome and costlycostly for advisers, distributors of investment products, pension products, insurance- based investment products and non-lifre insurance products, and often burdensome for customers and can act as a deterrent against seeking optimal insurance coverage by customers. To address this problem, it is therefore necessary to include such financial services within the scope of this Regulation. Customer data on insurance products within scope of this Regulation should include both insurance product information such as detail on an insurance coverage and data specific to the consumers’ insured assets which are collected for the purposes of a demands and needs test. The sharing of such data should allow for the development of personalised tools for customers, such as insurance dashboards that could help consumers better manage their risks. It could also help customers to obtain products that are better targeted to their demands and needs, including through more valuable advice. This can contribute to more optimal insurance coverage for customers and increased financial inclusion of otherwise underserved consumers, by offering new or increased coverage. Moreover, the sharing of insurance data can be beneficial for more efficient supply of insurance including, in particular, at the stages of product design, underwriting, contract execution, including claims management, and risk mitigation.
Amendment 249 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) non-life insurance products in accordance with Directive 2009/138/EC, with the exception of sickness and health insurance products; and other insurance products involving health data, such as accident insurance, disability insurance, long-term care insurance;including data collected for the purposes of a demands and needs assessment in accordance with Article 20 of Directive (EU) 2016/97 of the European Parliament and Council34 , and data collected for the purposes of an appropriateness and suitability assessment in accordance with Article 30 of Directive (EU) 2016/97. _________________ 34 Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) (OJ L 26, 2.2.2016, p. 19–5)
Amendment 262 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j
Article 2 – paragraph 2 – point j
(j) insurance intermediaries and ancillary insurance intermediaries;
Amendment 276 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. By way of derogation from paragraph 3, this Regulation shall apply to entities referred to in Article 2(3), point (e) of Regulation (EU) 2022/2554 to the condition that these entities prove they comply with the proportionate provisions established for microenterprises laid down down in in the the Regulation (EU) 2022/2554.
Amendment 289 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. This Regulation does not apply to trade secrets, business-sensitive information or proprietary data that the financial institution has generated or enriched.
Amendment 292 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4 b. This Regulation applies to data held by retail customers only and does not apply to the sharing of data of commercial customers.
Amendment 301 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘customer data’ means personal and non-personal data, provided by the customer (directly or observed) that is collected, stored and otherwise processed by a financial institution as part of their normal course of business with customers which covers both the relevant personal data provided by a customer and data generated as a result of customer interaction with the financial institutionrelevant product information, such as the information contained in the insurance product information document (IPID); This should not include trade secrets or proprietary data of the financial institution; Data generated by a financial institution, by processing data provided directly by the customer shall not, in any case, be considered as customer;
Amendment 322 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘financial information service provider’ means a data user established in the European Union that is authorised under Article 14 to access the customer data listed in Article 2(1) for the provision of financial information services only. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act), shall not be eligible as a financial information service provider under this Regulation;
Amendment 329 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7 a) "financial information services” means an online service to provide consolidated information on one or more categories of customer financial data listed in Article 2(1);
Amendment 344 #
2023/0205(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The data holder shall, upon request from a customer submitted by electronic means, make the data listed in Article 2(1) available to the customer without undue delay, free of charge, continuously and in real-time, where appropriate in the circumstances.
Amendment 352 #
2023/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The data holder shall, upon request from a customer submitted by electronic means, make available to a data user the customer data listed in Article 2(1) for the purposes for which the customer has granted permission to the data user. The customer data shall be made available to the data user without undue delay, continuously and in real-time, where appropriate in the circumstances.
Amendment 360 #
2023/0205(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A data holder may claim compensation from a data user for making customer data available pursuant to paragraph 1 only if the customer data is made available to a data user in accordance with the rules and modalities of a financial data sharing scheme, as provided in Articles 9 and 10, or if it is made available pursuant to Article 11. This is without prejudice to accessing, sharing and using data on a purely contractual basis without making use of the data-access obligations established by this Regulation.
Amendment 363 #
2023/0205(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act), shall not be an eligible third party under this Regulation and the data holder shall not therefore grant access to customer data to such entities.
Amendment 448 #
2023/0205(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Within 18 month5 years from the entry into force of this Regulation, data holders and data users shallmay become members of a financial data sharing scheme governing access to the customer data in compliance with Article 10.
Amendment 455 #
2023/0205(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Data holders and data users may become members of more than one financial data sharing schemes.one or more financial data sharing schemes to share data in accordance with the rules and modalities of a financial data sharing scheme of which both the data user and the data holder are members
Amendment 456 #
2023/0205(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 472 #
2023/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h
Article 10 – paragraph 1 – subparagraph 1 – point h
Amendment 488 #
2023/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h a (new)
Article 10 – paragraph 1 – subparagraph 1 – point h a (new)
(h a) Any compensation agreed upon between a data holder and a data user for making data available in business-to- business relations shall be non- discriminatory and reasonable and may include a margin.The data holder and the data user shall take into account in particular: (a) the costs incurred for making the data available, including, in particular, the costs necessary for the formatting of data, dissemination via electronic means and storage; (b) the investment in the collection and production of data, where applicable, taking into account whether other parties contributed to the obtaining, generating or collecting the data in question.
Amendment 501 #
2023/0205(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 476 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
1. Member States shall ensure that investment firms, when providing portfolio management, do not pay or receive anyaccept and retain fee ors, commission, or provide or are provided with any non-monetary benefit, in connection with the provision of such service, tos or any monetary or non-monetary benefits paid or provided by any third party or a person acting orn by any party except the client or a person on behalf of theehalf of a third party in relation to the provision of the service to clients.
Amendment 481 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 2
Article 24a – paragraph 2
Amendment 492 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 3
Article 24a – paragraph 3
Amendment 505 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 4 – subparagraph 1
Article 24a – paragraph 4 – subparagraph 1
Amendment 510 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 4 – subparagraph 2
Article 24a – paragraph 4 – subparagraph 2
Amendment 518 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 5
Article 24a – paragraph 5
5. Paragraphs 1 and 2 shall not apply to the minor non-monetary benefits of a total value below EUR 100 per annum or of a scale and nature such that they could not be judged to impair compliance with the investment firm’s duty to act in the best interest of the client, provided that they have been clearly disclosed to the client.
Amendment 534 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 8
Article 24a – paragraph 8
8. ThreFive years after the date of entry into force ofend of the transposition period for Directive (EU) [OP Please introduce the number of the amending Directive] and after having consulted ESMA and EIOPA, the Commission shall assess the effects of third-party payments on retail investors, in particular in view of potential conflicts of interest and as regards the availability of independent advice, and shall evaluate the impact of the relevant provisions of Directive (EU) [OP Please introduce the number of the amending Directive] on it. If necessary to prevent consumer detriment, the Commission shall propose legislative amendments to the European Parliament and the Council.
Amendment 943 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 1 – subparagraph 1
Article 29 a – paragraph 1 – subparagraph 1
Amendment 25 #
2015/0270(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Despite the further harmonisation introduced by the Directive 2014/49/EU, national DGSs retain certain options and discretions, including with respect to certain essential elements like target levels, risk factors to be applied when assessing credit institutions’ contributions, and repayment periods or the use of funds. Those differences between national rules may obstruct the free provision of services and create distortions of competition. In a highly integrated banking sector, uniformity of rules and approaches is needed to ensure a consistently robust level of protection of depositors throughout the Union and so guarantee the objective of financial stability.
Amendment 57 #
2015/0270(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Safeguards should be built into EDIS so as to limit moral hazard risk and to ensure that the coverage by EDIS is only provided where nationals DGSs act in a prudent manner. Firstly, national DGSs should comply with their obligations under this Regulation, the Directive 2014/49/EU and other relevant EU law, in particular their obligation to build up their funds in accordance with Article 10 of Directive 2014/49/EU as further specified in this Regulation. In order to benefit from coverage by EDIS, participating DGSs need to raise ex-ante contributions in accordance with a precise funding path. This also implies that the possibility of a target level reduction in accordance with Article 10(6) of Directive 2014/49/EU is no longer available if the DGS wants to benefit from EDIS. Secondly, in case of a pay-out event or where its funds are used in resolution, a national DGS should bear a fair share of the loss themselves. It should therefore be required to collect ex-post contributions from its members to replenish its fund and to repay EDIS to the extent that the initially received funding exceeds the share of loss to be borne by EDIS. Thirdly, following a pay-out event, the national DGS should maximise the proceeds from the insolvency estate and repay the Board and the Board should have sufficient powers to safeguards its rights. Fourthly, the Board should have the powers to recover all or part of funding in case of a participating DGS did not comply with key obligations.
Amendment 60 #
2015/0270(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The initial and final target level of the Deposit Insurance Fund should be established as a percentage of the total minimum target levels of participating DGS. It should progressively reach 20% of four ninth of the total minimum target levels by the end of the reinsurance period and the sum of all minimum target levels by the end of the co-insurance period. The possibility to apply for approval to authorise a lower target level in accordance with Article 10(6) of Directive 2014/49/EU should not be considered when setting the initial or final target levels of the Deposit Insurance Fund. An appropriate time frame should be set to reach the target level for the Deposit Insurance Fund.
Amendment 97 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) credit institutions established in a participating Member State, including institutions that are members of an institutional protection scheme as referred to in Article 113(7) of Regulation No 575/2013 [CRR];
Amendment 106 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 – subparagraph 1 – point a
Article 2 – paragraph 2 – subparagraph 1 – point a
(a) participating deposit-guarantee schemes as defined in point (1) of Article 3(1a); including institutional protection schemes as referred to in Article 113(7) of Regulation No 575/2013 [CRR];
Amendment 246 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – paragraph 1
Article 74 b – paragraph 1
1. By the end of the reinsurance period[5 years from the date of entry into force of this amending Regulation] the available financial means of the DIF shall reach an initial target level of 20% of four ninthof the sum of the5%of the aggregated minimum target levelsthat participating DGSs shall reach in accordance with the first subparagraphArticle 10(2) of Directive 2014/49/EU, while the available financial means of participating DGS shall reach 75% of this aggregated minimum target level. By way of derogation from subparagraph 1, where a lower minimum target level has been authorised in application of Article 10(26) of Directive 2014/49/EU, the available financial means of the participating DGSs shall reach 60% of that lower target level.