29 Amendments of Sirpa PIETIKÄINEN related to 2016/0221(COD)
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 345/2013
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
(3a) In Article 14(1) the introductory part is replaced by the following: "1. Managers of qualifying venture capital funds that intend to use designation 'EuVECA' for the marketing of their qualifying venture capital funds shall inform the competent authority of their home Member State and ESMA of their intention and shall provide them with the following information:" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0345&from=EN)Or. en
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) No 345/2013
Article 14 – paragraph 3 c (new)
Article 14 – paragraph 3 c (new)
(4a) In Article 14 the following paragraph 3 c is inserted: "3c. In order to ensure consistent application of this Article, ESMA shall develop draft regulatory technical standards to specify the information to be provided to the competent authorities and ESMA in the application for registration set out in paragraph 1 and the conditions set out in paragraph 2. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010."
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) No 345/2013
Article 14 – paragraph 3 d (new)
Article 14 – paragraph 3 d (new)
(4b) In Article 14, the following paragraph 3 d is inserted: "3d. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft implementing technical standards to determine standard forms, templates and procedures for the provision of information provided for in paragraph 1. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010."
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Regulation (EU) No 345/2013
Article 14 – paragraph 3 e (new)
Article 14 – paragraph 3 e (new)
(4c) In Article 14, the following paragraph 3 e is inserted: "ESMA shall perform a coordination and oversight role in order to ensure that a consistent approach is taken by competent authorities in relation to the registration process set out in this Article. For this purpose, ESMA shall carry out reviews of the registration processes of competent authorities. ESMA is empowered, while respecting the principle of proportionality, to take individual decisions addressed to competent authorities to change their registration processes where it has clear and demonstrable grounds to believe that the registration process of the competent authority does not comply with the registration requirements set out in this Regulation or the regulatory technical standards and implementing technical standards referred to in paragraphs 3c and 3d."
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 345/2013
Article 14a – paragraph 2 – introductory part
Article 14a – paragraph 2 – introductory part
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 345/2013
Article 14a – paragraph 5 a (new)
Article 14a – paragraph 5 a (new)
5a. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft implementing technical standards to determine standard forms, templates and procedures for the provision of information provided for in paragraph 2. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 345/2013
Article 14a – paragraph 5 b (new)
Article 14a – paragraph 5 b (new)
5b. ESMA shall perform a coordination and oversight role in order to ensure that a consistent approach is taken by competent authorities in relation to registration process set out in this Article. ESMA is empowered to, while respecting the principle of proportionality, take individual decisions addressed to competent authorities to change their registration processes where it has clear and demonstrable grounds to believe that the registration process of the competent authority does not comply with the implementing technical standards referred to in paragraph 5a.
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) No 345/2013
Article 15 – introductory part
Article 15 – introductory part
(5a) In Article 15, the introductory part is replaced by the following: "Managers of qualifying venture capital funds shall inform the competent authority of the home Member State and ESMA where they intend to market:" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0345&from=EN)Or. en
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 345/2013
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The competent authorities of the home Member States shall notify the competent authorities of the host Member States and ESMA immediately of any registration of a manager of a qualifying venture capital fund, any addition in accordance with Article 14 and Article 14a, any establishment of a new qualifying venture capital fund, any additionestablishment of a new domicile for the establishment of a qualifying venture capital fund or of any addition of a new Member State in which a manager of a qualifying venture capital fund intends to market those funds.
Amendment 195 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 345/2013
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 345/2013
Article 16 – paragraph 3
Article 16 – paragraph 3
(6a) Article 16(3) is replaced by the following: "3. In order to ensure uniform conditions of application of this Article, ESMA shallmay develop draft implementing technical standards to determine the format of notificatstandard forms, templates and procedures for the provision uander this Article." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0345&from=EN) exchange of information provided for in paragraph 1." Or. en
Amendment 202 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 345/2013
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
(7a) In Article 19, the following paragraph 1a is added: "ESMA shall perform an oversight role in order to ensure that a consistent approach is taken by competent authorities in relation to the use of the supervisory and investigatory powers set out in paragraph 1. ESMA may, while respecting the principle of proportionality, make use of the powers set out in paragraph 1 on its own initiative."
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c a (new)
Article 1 – paragraph 1 – point 9 – point c a (new)
Regulation (EU) No 345/2013
Article 21 – paragraph 4
Article 21 – paragraph 4
(ca) The fourth paragraph is replaced by the following: "4. The right to market one or more qualifying venture capital funds under the designation 'EuVECA' expires with immediate effect from the date of the decision of the competent authority referred to in point (b) of paragraph 2." (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0345&from=EN) or ESMA referred to in paragraph 4a." Or. en
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c b (new)
Article 1 – paragraph 1 – point 9 – point c b (new)
Regulation (EU) No 345/2013
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
(cb) The following paragraph 4 a is inserted: "4a. The competent authorities of the home or the host Member State shall inform ESMA without delay if they believe the manager of a qualifying venture capital fund has committed any of the breaches in points (a) to (i) of Article 21(1)." ESMA shall, while respecting the principle of proportionality, take individual decisions addressed to competent authorities to take or refrain from measures referred to in paragraph 2 or take appropriate measures referred to in paragraph 2 itself where it has clear and demonstrable grounds to believe that such measures are necessary from the point of view of investor protection, financial stability or market integrity."
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 345/2013
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
(9a) In Article 22, the following paragraph 2a is added: "2a. The fees and levies raised by competent authorities for the registration and supervision of qualifying venture capital funds and their managers shall be shared equally between the home competent authority and ESMA."
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EU) No 346/2013
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
(3a) In Article 15 (1) the introductory part is replaced by the following: "1. Managers of qualifying social entrepreneurship funds that intend to use of the designation 'EuSEF' for the marketing of their qualifying social entrepreneurship funds shall inform the competent authority of their home Member State and ESMA of their intention and shall provide them with the following information:" Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R0346)
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Regulation (EU) No 346/2013
Article 15 – paragraph 3 c (new)
Article 15 – paragraph 3 c (new)
(4a) In Article 15 the following paragraph 3c is inserted: "3c. In order to ensure consistent application of this Article, ESMA shall develop draft regulatory technical standards to specify the information to be provided to the competent authorities and ESMA in the application for registration set out in paragraph 1 and the conditions set out in paragraph 2. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010."
Amendment 243 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 b (new)
Article 2 – paragraph 1 – point 4 b (new)
Regulation (EU) No 346/2013
Article 15 – paragraph 3 d (new)
Article 15 – paragraph 3 d (new)
(4b) In Article 15 the following paragraph 3d is inserted: "3d. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft implementing technical standards to determine standard forms, templates and procedures for the provision of information provided for in paragraph 1. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010."
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 c (new)
Article 2 – paragraph 1 – point 4 c (new)
Regulation (EU) No 346/2013
Article 15 – paragraph 3 e (new)
Article 15 – paragraph 3 e (new)
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EU) No 346/2013
Article 15a – paragraph 2 – introductory part
Article 15a – paragraph 2 – introductory part
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EU) No 346/2013
Article 15 a – paragraph 5 a (new)
Article 15 a – paragraph 5 a (new)
5a. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft implementing technical standards to determine standard forms, templates and procedures for the provision of information provided for in paragraph 2. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EU) No 346/2013
Article 15 a – paragraph 5 b (new)
Article 15 a – paragraph 5 b (new)
5b. ESMA shall perform a coordination and oversight role in order to ensure that a consistent approach is taken by competent authorities in relation to registration process set out in this Article. ESMA is empowered to, while respecting the principle of proportionality, take individual decisions addressed to competent authorities to change their registration processes where it has clear and demonstrable grounds to believe that the registration process of the competent authority does not comply with the implementing technical standards referred to in paragraph 5a.
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 346/2013
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
The competent authorities of the home Member States shall notify the competent authorities of the host Member States and ESMA immediately of any registration of a manager of a qualifying social entrepreneurship fund, any addition in accordance with Article 14 and Article 14a, any establishment of a new qualifying social entrepreneurship fund, any addition of a new domicile for the establishment of a qualifying social entrepreneurship fund or of any addition of a new Member State in which a manager of a qualifying social entrepreneurship fund intends to market those funds.
Amendment 257 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 346/2013
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Amendment 259 #
(6a) In Article 17 paragraph 3 is replaced by the following: "3. In order to ensure uniform conditions of application of this Article, ESMA shallmay develop draft implementing technical standards to determine the format of the notification under this Article." standard forms, templates and procedures for the provision and exchange of information provided for in paragraph 1." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R0346&from=EN)
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EU) No 346/2013
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
(7a) In Article 20, the following paragraph is added: "ESMA shall perform an oversight role in order to ensure that a consistent approach is taken by competent authorities in relation to the use of the supervisory and investigatory powers set out in paragraph 1. ESMA may, while respecting the principle of proportionality, make use of the powers set out in paragraph 1 on its own initiative."
Amendment 264 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c a (new)
Article 2 – paragraph 1 – point 9 – point c a (new)
(ca) Paragraph 4 is replaced by the following: "4. The right to market one or more qualifying social entrepreneurship funds under the designation 'EuSEF' in the Union expires with immediate effect from the date of the decision of the competent authority referred to in point (b) of paragraph 2." or ESMA referred to in paragraph 4a." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32013R0346&from=EN)
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c b (new)
Article 2 – paragraph 1 – point 9 – point c b (new)
Regulation (EU) No 346/2013
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
(cb) "The following paragraph is added after Article 22(4): 4a. The competent authorities of the home or the host Member State shall inform ESMA without delay if they believe the manager of a qualifying social entrepreneurship fund has committed any of the breaches in points (a) to (i) of Article 21(1). ESMA shall, while respecting the principle of proportionality, take individual decisions addressed to competent authorities to take or refrain from measures referred to in paragraph 2 or take appropriate measures referred to in paragraph 2 itself where it has clear and demonstrable grounds to believe that such measures are necessary from the point of view of investor protection, financial stability or market integrity."
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
Regulation (EU) No 346/2013
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
(9a) In Article 23, the following paragraph is added: "2a. The fees and levies raised by competent authorities for the registration and supervision of qualifying social entrepreneurship funds and their managers shall be shared equally between the home competent authority and ESMA."