Activities of Eva LICHTENBERGER related to 2010/0251(COD)
Legal basis opinions (0)
Amendments (15)
Amendment 41 #
Proposal for a regulation
Article 6
Article 6
A trading venue that has shares admitted to trading or an investment firm which executes orders on behalf of clients in respect of those instruments outside a trading venue shall establish procedures that ensure that natural or legal persons executing orders on the trading venue or through the investment firm are in a position to mark sell orders as short orders if the seller is entering into a short sale of the share. The trading venue shall publish at least daily a summary of the volume of orders marked as short orders.
Amendment 43 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Natural or legal persons executing orders shall mark all sell orders as short orders if the seller is entering into a short sale of the share.
Amendment 44 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
Amendment 45 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Data on short orders and short sales shall be made available to the competent authority of the home Member State of a trading venue or of an investment firm which executes orders on behalf of clients in respect of those instruments outside a trading venue. The data shall include at least the identity of the natural or legal person initiating the order, the time when the order was introduced in the order book, the time when the order was executed or withdrawn from the order book and the price, size and modalities of the execution of the order. Access to the data shall also be given to the relevant competent authority.
Amendment 46 #
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. The trading venue or the investment firm which executes orders on behalf of clients outside a trading venue shall publish at least daily a summary of the volume of short sales on each shares admitted to trading expressed as a percentage of the volume of sales executed by the trading venue or the investment firm.
Amendment 47 #
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
1e. Powers are delegated to the Commission to adopt regulatory technical standards specifying the details of the data to be provided, including the volume of short sales, in accordance with paragraph 1. The regulatory technical standards referred to in the first subparagraph shall be adopted in accordance with Articles 10 to 14 of Regulation (EU) No …/2010 [ESMA]. ESA (ESMA) shall submit draft regulatory technical standards to the Commission by [31 December 2011].
Amendment 48 #
Proposal for a regulation
Article 6 – paragraph 1 f (new)
Article 6 – paragraph 1 f (new)
1f. In order to ensure uniform conditions of application of paragraph 1, power is conferred on the Commission to adopt implementing technical standards identifying the procedure to be followed in order to mark orders and defining a common format of data to be provided in order to ease the consolidation of data. The implementing technical standards referred to in the first subparagraph shall be adopted in accordance with Article 15 of Regulation (EU) No …/2010 [ESMA]. ESA (ESMA) shall submit draft implementing technical standards to the Commission by [31 December 2011].
Amendment 49 #
Proposal for a regulation
Article 6 – paragraph 1 g (new)
Article 6 – paragraph 1 g (new)
1g. A trading venue, or an investment firm which executes orders on behalf of clients outside a trading venue, which does not have marking procedures in place at the time of enforcement of this Regulation shall apply this Article by 31 December 2013.
Amendment 54 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 58 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 62 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 81 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. After receiving notification under Article 22 of any measure that is to be imposed or renewed under Article 16, 176a, 17, 18 or 189a, ESA (ESMA) shall within 24 hours issue an opinion on whether it considers the measure or proposed measure is necessary to address the exceptional situation. The opinion shall state whether ESA (ESMA) considers that adverse events or developments have arisen which constitute a serious threat to financial stability or to market confidence in one or more Member States, whether the measure or proposed measure is appropriate and proportionate to address the threat and whether the proposed duration of the measures is justified. If ESA (ESMA) considers that measure by other competent authorities is necessary to address the threat, it shall also state it in the opiniondecision and request those competent authorities to introduce such measures within 24 hours. The opindecision shall be published on ESMA'sthe website. of ESA (ESMA).
Amendment 82 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where a competent authority proposes to take or takes measures contrary to an ESMA opinion under paragraph 2 or declines to take measures contrary toIf ESA (ESMA) considers that a measure should be introduced at Union level its decision shall include a statement to that effect and ESMA opinion under that paragraph it shall immediately publish on its websiA (ESMA) shall ensure that this measure is implemented a notice fully explaining its reasons for doing socross the Union within 24 hours.
Amendment 83 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. ESA (ESMA) shall review measures under this Article regularly and in any event every three months. If a measure is not renewed after such a three-month period, it shall automatically expire.
Amendment 85 #
Proposal for a regulation
Article 24 – paragraph 3 – point c
Article 24 – paragraph 3 – point c