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10 Amendments of Danuta Maria HÜBNER related to 2021/0376(COD)

Amendment 154 #
Isabel BENJUMEA BENJUMEA, Danuta Maria HÜBNER
Proposal for a directive
Recital 18
(18) In order to ensure consistent harmonisation of the supervisory reporting obligations, power should be delegated to the Commission to adopt regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council39 to set out the contents, forms and procedures to standardise the supervisory reporting process by AIFMs. The regulatory technical standards should set out the contents, forms and procedures to standardise the supervisory reporting process, thus replacing the reporting template laid down in the Commission Delegated Regulation (EU) 231/201340 . Those regulatory and implementing technical standards should be adopted on the basis of a draft developed by ESMA. The information to be reported on delegation arrangements should be clearly set out in the text of Directive 2011/61/EU. Regarding that information, the regulatory technical standards should remain limited to setting out the appropriate level of standardisation of the information to be reported as defined in Directive 2011/61/EU, without adding any elements that are not foreseen by the text of that Directive. __________________ 39 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84). 40 Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision (OJ L 83, 22.3.2013, p. 1–95).
2022/07/04
Committee: ECON
Amendment 201 #
Isabel BENJUMEA BENJUMEA, Danuta Maria HÜBNER
Proposal for a directive
Recital 47
(47) In order to ensure consistent harmonisation of the supervisory reporting obligations, power should be delegated to the Commission to adopt regulatory technical standards by means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union (TFEU) in accordance with Articles 10 to 14 and Article 15 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council49 to set out the contents, forms and procedures to standardise the supervisory reporting process by UCITS. Those regulatory technical standards should be adopted on the basis of a draft developed by ESMA. The information to be reported on delegation arrangements should be clearly set out in the text of Directive 2009/65/EC. Regarding that information, the regulatory technical standards should remain limited to setting out the appropriate level of standardisation of the information to be reported as defined in Directive 2009/65/EC, without adding any elements that are not foreseen by the text of that Directive. __________________ 49 Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).
2022/07/04
Committee: ECON
Amendment 344 #
Isabel BENJUMEA BENJUMEA, Danuta Maria HÜBNER
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Directive 2011/61/EU
Article 24 – paragraph 6 – subparagraph 1
ESMA shall develop draft regulatory technical standards specifying the details to be reported according to paragraphs 1 and 2.points (a) to (ea) of paragraph 2. These draft regulatory technical standards shall also set out the appropriate level of standardisation of the information to be reported according to paragraph 2, point (eb), without introducing additional reporting obligations. In order to reduce duplication and inconsistencies between reporting frameworks, ESMA shall take into account other reporting requirements to which the AIFMs are subject and the report issued in accordance with paragraph 2 of Article 69b.
2022/07/04
Committee: ECON
Amendment 495 #
Isabel BENJUMEA BENJUMEA, Danuta Maria HÜBNER
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2009/65/EU
Article 20a – paragraph 2 – subparagraph 1
ESMA shall develop draft regulatory technical standards specifying the details to be reported in accordance with paragraph 1. These draft regulatory technical standards shall also set out the appropriate level of standardisation of the information to be reported according to paragraph 1a without introducing additional reporting obligations. ESMA shall take into account other reporting requirements to which the management companies are subject and the report issued in accordance with Article 20b.
2022/07/04
Committee: ECON
Amendment 517 #
Danuta Maria HÜBNER
Proposal for a directive
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 2 – point b
(b) in the interest of the unit-holders or of the public, in exceptional circumstances and after consulting the UCITS, competent authorities of a UCITS home Member State may require a UCITS to activate a liquidity management tool referred to in points 1 or 2 of Annex IIA or selected and notified by the UCITS in accordance with Article 18a(2), whichever is more suitable considering the type of UCITS and the risks that necessitate taking this measurethe suspension of redemptions and subscriptions as referred to in point 1 of Annex IIA.
2022/07/04
Committee: ECON
Amendment 522 #
Danuta Maria HÜBNER
Proposal for a directive
Article 2 – paragraph 1 – point 8
Directive 2009/65/EU
Article 84 – paragraph 3 – subparagraph 1
The UCITSWhere a UCITS uses one of the liquidity management tools listed at points 1 or 2 of the list set out in Annex IIA, in situations of liquidity stress, it shall notify, without delay, the competent authorities of theirits home Member State and the competent authorities of all Member States in which it markets its units, when activating or deactivating a liquidity management tool referred to in paragraph 2, point (a).
2022/07/04
Committee: ECON
Amendment 525 #
Danuta Maria HÜBNER
Proposal for a directive
Article 2 – paragraph 1 – point 8
Directive 2009/65/EU
Article 84 – paragraph 3b
3b. The competent authority of the Member States in which a UCITS markets its units may request the competent authority of the UCITS home Member State to exercise powers laid down in paragraph 2, point (b), specifying the reasons for the request and notifying ESMA and the ESRB thereof.deleted
2022/07/04
Committee: ECON
Amendment 526 #
Danuta Maria HÜBNER
Proposal for a directive
Article 2 – paragraph 1 – point 8
Directive 2009/65/EU
Article 84 – paragraph 3c
3c. Where the competent authority of the UCITS home Member State does not agree with the request referred to in paragraph 3b, it shall inform the requesting competent authority, ESMA and the ESRB thereof, stating the reasons for the disagreement.deleted
2022/07/04
Committee: ECON
Amendment 527 #
Danuta Maria HÜBNER
Proposal for a directive
Article 2 – paragraph 1 – point 8
Directive 2009/65/EU
Article 84 ¬ paragraph 3d
3d. On the basis of the information received in accordance with paragraphs 3b and 3c, ESMA shall issue an opinion to the competent authorities of the UCITS home Member State on exercising powers laid down in paragraph 2, point (b).deleted
2022/07/04
Committee: ECON
Amendment 529 #
Danuta Maria HÜBNER
Proposal for a directive
Article 2 – paragraph 1 – point 8
3e. Where the competent authority does not act in accordance or does not intend to comply with ESMA’s opinion referred to in paragraph 3d, it shall inform ESMA, stating the reasons for the non-compliance or intention. ESMA may publish the fact that a competent authority does not comply or intend to comply with its advice. ESMA may also decide, on a case-by-case basis, to publish the reasons provided by the competent authority in this regards. ESMA shall give the competent authorities advance notice about such publication.’deleted
2022/07/04
Committee: ECON
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