14 Amendments of Antolín SÁNCHEZ PRESEDO related to 2011/0296(COD)
Amendment 166 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 168 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 172 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 178 #
Proposal for a regulation
Recital 34
Recital 34
(34) The provision of services by third country firmsinvestment firms and market operators* in the Union is subject to national regimes and requirements. These regimes are highly differentiated and the firms authorised in accordance with them do not enjoy the freedom to provide services and the right of establishment in Member States other than the one where they are established. It is appropriate to introduce a common regulatory framework at Union level. The regime should harmonize the existing fragmented framework, ensure certainty and uniform treatment of third country firminvestment firms and market operators accessing the Union, ensure that and equivalence and reciprocity assessment has been carried out by the Commission in relation to the regulatory and supervisory framework of third countries and should provide for a comparable level of protections to investors in the EU receiving services by third country firms.investment firms and market operators. * (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. Title VII of this Regulation also applies to all financial counterparties as defined in Article 2 of Directive [new MiFID].
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘systematic internaliser’ means an investment firm which, on an organised, frequent and systematic basis, deals on own account by executing client orders outside a regulated market or an MTF or an OTFcarries out bilateral trading;
Amendment 504 #
Proposal for a regulation
Article 23 – paragraph 7 – subparagraph 1 (new)
Article 23 – paragraph 7 – subparagraph 1 (new)
The competent authorities shall transmit all the information received pursuant to this Article to a single system, appointed by ESMA, for transaction reporting at Union level. The single system shall allow relevant competent authorities access to all the information reported pursuant to this Article.
Amendment 518 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Obligation to execute transactions on regulated markets or MTFs 1. An investment firm shall execute all its transactions on a regulated market or MTF, unless the transaction meets all of the following criteria: (a) it is ad-hoc (b) it is irregular (c) it is carried out with wholesale counterparties (d) it is part of a business relationship which itself is characterised by dealings above standard market size and where the deals are carried out outside the systems usually used by the firm concerned for its business as a systematic internaliser
Amendment 598 #
Proposal for a regulation
Article 28
Article 28
Amendment 621 #
Proposal for a regulation
Article 29
Article 29
Amendment 657 #
Proposal for a regulation
Article 30
Article 30
Amendment 705 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) an investment product, a financial instrument or activity or practice gives rise to significant investor protection concerns or poses a serious threat to the orderly functioning and integrity of financial markets or the stability of whole or part of the financial system, or a derivative product has a detrimental effect on the price formation mechanism in the underlying market;
Amendment 720 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Prohibition of certain financial instruments National competent authorities shall prohibit the marketing, distribution and sale of all financial instruments offering commodity index replications. This measure shall take effect six months after the entry into force of this Regulation.
Amendment 819 #
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. Title V of the present regulation shall not apply to intra-group transactions until 3 years after the entry into force of this regulation. For this purpose, conditions 2(a)(i) and 2(a)(iv), shall be removed from the definition of intra-group transactions in Article [2a] of Regulation [ ] (EMIR) during this 5 year period.