44 Amendments of Inese VAIDERE related to 2023/0379(COD)
Amendment 73 #
Proposal for a regulation
Recital 4
Recital 4
(4) Pursuant to Article 19d of Regulation (EU) 2016/1011, administrators of significant benchmarks are required to endeavour to provide an EU Climate Transition Benchmark or an EU Paris- aligned Benchmark by 1 January 2022. As this date has elapsed, it is appropriate to delete this provisionin an attempt to establish minimum standards for climate benchmarks.
Amendment 73 #
Proposal for a regulation
Recital 4
Recital 4
(4) Pursuant to Article 19d of Regulation (EU) 2016/1011, administrators of significant benchmarks are required to endeavour to provide an EU Climate Transition Benchmark or an EU Paris- aligned Benchmark by 1 January 2022. As this date has elapsed, it is appropriate to delete this provisionin an attempt to establish minimum standards for climate benchmarks.
Amendment 76 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 76 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 77 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 77 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 81 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure the timely start of the supervision of significant benchmarks, administrators of benchmarks that have become significant either by reaching the applicable quantitative threshold or by designation, should be required to seek, within 60 working days, authorisation or registration or, in the case of benchmarks provided by an administrator located in a third-country, endorsement or recognition.
Amendment 81 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure the timely start of the supervision of significant benchmarks, administrators of benchmarks that have become significant either by reaching the applicable quantitative threshold or by designation, should be required to seek, within 60 working days, authorisation or registration or, in the case of benchmarks provided by an administrator located in a third-country, endorsement or recognition.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/1011
Article 19a – paragraph 4 – introductory part
Article 19a – paragraph 4 – introductory part
4. Administrators that are not authorised orincluded in the ESMA registered pursuant to Article 346 shall not:
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/1011
Article 19a – paragraph 4 – introductory part
Article 19a – paragraph 4 – introductory part
4. Administrators that are not authorised orincluded in the ESMA registered pursuant to Article 346 shall not:
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 1 – subparagraph 1 – point a
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) the benchmark is used directly or indirectly within a combination of benchmarks within the Union as a reference for financial instruments or financial contracts or for measuring the performance of investments funds, that have a total average value of at least EUR 560 billion on the basis of all the range of maturities or tenors of the benchmark, where applicable, over a period of six months;
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 1 – subparagraph 1 – point a
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) the benchmark is used directly or indirectly within a combination of benchmarks within the Union as a reference for financial instruments or financial contracts or for measuring the performance of investments funds, that have a total average value of at least EUR 560 billion on the basis of all the range of maturities or tenors of the benchmark, where applicable, over a period of six months;
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 1 – subparagraph 1 – point b
Article 24 – paragraph 1 – subparagraph 1 – point b
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 1 – subparagraph 1 – point b
Article 24 – paragraph 1 – subparagraph 1 – point b
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 3 – subparagraph 1 – point b
Article 24 – paragraph 3 – subparagraph 1 – point b
(b) in the event that the benchmark ceases to be provided, or is provided on the basis of input data no longer fully representative of the underlying market or economic reality or on the basis of unreliable input data, there would be significant and adverse impacts on market integrity, financial stability in the Union, consumers, the real economy, or the financing of households and businesses in its Member Statethe Union;
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 3 – subparagraph 1 – point b
Article 24 – paragraph 3 – subparagraph 1 – point b
(b) in the event that the benchmark ceases to be provided, or is provided on the basis of input data no longer fully representative of the underlying market or economic reality or on the basis of unreliable input data, there would be significant and adverse impacts on market integrity, financial stability in the Union, consumers, the real economy, or the financing of households and businesses in its Member Statethe Union;
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 3 – subparagraph 3
Article 24 – paragraph 3 – subparagraph 3
The administrators concerned and the competent authority of the administrator’s home Member State shall have 1530 working days from the date of notification of the draft decision of the designating competent authority concerned to provide observations and comments in writing. The designating competent authority concerned shall inform ESMA of the observations and comments received and shall duly consider those observations and comments before adopting a final decision.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 3 – subparagraph 3
Article 24 – paragraph 3 – subparagraph 3
The administrators concerned and the competent authority of the administrator’s home Member State shall have 1530 working days from the date of notification of the draft decision of the designating competent authority concerned to provide observations and comments in writing. The designating competent authority concerned shall inform ESMA of the observations and comments received and shall duly consider those observations and comments before adopting a final decision.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 4 – subparagraph 1 – point b
Article 24 – paragraph 4 – subparagraph 1 – point b
(b) whether, in the event that the benchmark ceases to be provided, or is provided on the basis of input data that are no longer fully representative of the underlying market or economic reality or that are unreliable, there would be significant and adverse impacts on market integrity, financial stability, consumers, the real economy, or the financing of households and businesses in in Member Statesthe Union other than the Member State of the consulting competent authority.
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 4 – subparagraph 1 – point b
Article 24 – paragraph 4 – subparagraph 1 – point b
(b) whether, in the event that the benchmark ceases to be provided, or is provided on the basis of input data that are no longer fully representative of the underlying market or economic reality or that are unreliable, there would be significant and adverse impacts on market integrity, financial stability, consumers, the real economy, or the financing of households and businesses in in Member Statesthe Union other than the Member State of the consulting competent authority.
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 5 – subparagraph 1
Article 24 – paragraph 5 – subparagraph 1
5. Where ESMA finds that a benchmark meets the conditions under paragraph 3, 1st paragraph, points (a) to (c), in more than one Member Statethe Union, it shall inform the competent authorities of the Member States concerned thereof. They shall agree which among them designates the benchmark concerned as significant benchmark.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 5 – subparagraph 1
Article 24 – paragraph 5 – subparagraph 1
5. Where ESMA finds that a benchmark meets the conditions under paragraph 3, 1st paragraph, points (a) to (c), in more than one Member Statethe Union, it shall inform the competent authorities of the Member States concerned thereof. They shall agree which among them designates the benchmark concerned as significant benchmark.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 5 – subparagraph 2
Article 24 – paragraph 5 – subparagraph 2
Where competent authorities disagree on the matter referred to in the first subparagraph, they shall refer the matter to ESMA, ESMA shall settle that disagreement between competent authorities in cross-border situations in accordance with Article 19 of Regulation (EU) No 1095/2010.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 5 – subparagraph 2
Article 24 – paragraph 5 – subparagraph 2
Where competent authorities disagree on the matter referred to in the first subparagraph, they shall refer the matter to ESMA, ESMA shall settle that disagreement between competent authorities in cross-border situations in accordance with Article 19 of Regulation (EU) No 1095/2010.
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 6 – subparagraph 1– introductory part
Article 24 – paragraph 6 – subparagraph 1– introductory part
6. ESMA may, only upon the request of a competent authority, designate a benchmark provided by an administrator located in a third country that does not meet the threshold laid down in paragraph 1, point (a), as significant where that benchmark fulfils all of the following conditions:
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 6 – subparagraph 1– introductory part
Article 24 – paragraph 6 – subparagraph 1– introductory part
6. ESMA may, only upon the request of a competent authority, designate a benchmark provided by an administrator located in a third country that does not meet the threshold laid down in paragraph 1, point (a), as significant where that benchmark fulfils all of the following conditions:
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 6 – subparagraph 1 – point b
Article 24 – paragraph 6 – subparagraph 1 – point b
(b) in the event that the benchmark would cease to be provided, or would be provided on the basis of input data that are no longer fully representative of the underlying market or economic reality or that are unreliable, there would be significant and adverse impacts on market integrity, financial stability in the Union, consumers, the real economy, or the financing of households and businesses in one or more Member Statesthe Union.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 6 – subparagraph 1 – point b
Article 24 – paragraph 6 – subparagraph 1 – point b
(b) in the event that the benchmark would cease to be provided, or would be provided on the basis of input data that are no longer fully representative of the underlying market or economic reality or that are unreliable, there would be significant and adverse impacts on market integrity, financial stability in the Union, consumers, the real economy, or the financing of households and businesses in one or more Member Statesthe Union.
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 49 to further specify the calculation methodESMA shall develop draft regulatory technical standards to specify: (i) the calculation method, including potential data sources, to be used to determine the threshold referred to in paragraph 1, point (a) of this Article in the light of market, pr; (ii) the criteria to assess when a benchmark exceeds the threshold referred to in Article and regulatory developments24(1), point (a), in one Member State or across the Union; ESMA shall submit those draft regulatory technical standards to the Commission by [12 months after the entry into force of this Regulation]. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first sub-paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/1011
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 49 to further specify the calculation methodESMA shall develop draft regulatory technical standards to specify: (i) the calculation method, including potential data sources, to be used to determine the threshold referred to in paragraph 1, point (a) of this Article in the light of market, pr; (ii) the criteria to assess when a benchmark exceeds the threshold referred to in Article and regulatory developments24(1), point (a), in one Member State or across the Union; ESMA shall submit those draft regulatory technical standards to the Commission by [12 months after the entry into force of this Regulation]. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first sub-paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/1011
Article 24a – paragraph 2
Article 24a – paragraph 2
(2) Within 60 working days following a designation referred to in Article 24(3), the administrator of the benchmark concerned, unless that administrator is already authorised or registered by a national competent authority, shall seek authorisation or registration with the designating competent authority in accordance with Article 34.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/1011
Article 24a – paragraph 2
Article 24a – paragraph 2
(2) Within 60 working days following a designation referred to in Article 24(3), the administrator of the benchmark concerned, unless that administrator is already authorised or registered by a national competent authority, shall seek authorisation or registration with the designating competent authority in accordance with Article 34.
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/1011
Article 24a – paragraph 3 – point b
Article 24a – paragraph 3 – point b
(b) endorsement pursuant to the procedure set out in Article 33 The third country benchmark administrator shall select the endorsing entity in the Union .
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/1011
Article 24a – paragraph 3 – point b
Article 24a – paragraph 3 – point b
(b) endorsement pursuant to the procedure set out in Article 33 The third country benchmark administrator shall select the endorsing entity in the Union .
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EU) 2016/1011
Article 51 – paragraph 4c
Article 51 – paragraph 4c
4c. Competent authorities and ESMA shall ensure that benchmark administrators that were authorised,ould no longer be registered, endorsed or recognised as a result of the entry of force of [this amending regulation] on [PO please insert the date = date of application of this amending Regulation] can benefit from a simplified procedure where they apply for authorisation registration, recognition, or endorsement pursuant to Article 24a(1), (2), or (3), as applicable, by … [PO please insert the date = date of application of this amending Regulation + two years];
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EU) 2016/1011
Article 51 – paragraph 4c
Article 51 – paragraph 4c
4c. Competent authorities and ESMA shall ensure that benchmark administrators that were authorised,ould no longer be registered, endorsed or recognised as a result of the entry of force of [this amending regulation] on [PO please insert the date = date of application of this amending Regulation] can benefit from a simplified procedure where they apply for authorisation registration, recognition, or endorsement pursuant to Article 24a(1), (2), or (3), as applicable, by … [PO please insert the date = date of application of this amending Regulation + two years];