BETA

Activities of Sylvie GOULARD

Plenary speeches (125)

EU-Canada Comprehensive Economic and Trade Agreement - Conclusion of the EU-Canada CETA - EU-Canada Strategic Partnership Agreement (debate) FR
2016/11/22
Dossiers: 2016/0205(NLE)
Possible evolutions of and adjustments to the current institutional set-up of the European Union - Improving the functioning of the European Union building on the potential of the Lisbon Treaty - Budgetary capacity for the Eurozone (debate) FR
2016/11/22
Dossiers: 2014/2249(INI)
State of play of the second review of the economic adjustment programme for Greece (debate) FR
2016/11/22
Labour market reforms and labour relations in Greece (debate) FR
2016/11/22
General revision of Parliament's Rules of Procedure (A8-0344/2016 - Richard Corbett) FR
2016/11/22
Dossiers: 2016/2114(REG)
EU strategic communication to counteract anti-EU propaganda by third parties (A8-0290/2016 - Anna Elżbieta Fotyga) FR
2016/11/22
Dossiers: 2016/2030(INI)
Decision adopted on the European Semester package including Annual Growth Survey 2017 (debate) FR
2016/11/22
Finalisation of Basel III (debate) FR
2016/11/22
Dossiers: 2016/2959(RSP)
Ongoing negotiations on the first review of the economic adjustment programme for Greece (debate) FR
2016/11/22
Effectiveness of existing measures against tax evasion and money laundering in light of recent Panama papers revelations (debate) FR
2016/11/22
The EU role in the framework of international financial, monetary and regulatory institutions and bodies (short presentation) FR
2016/11/22
Dossiers: 2015/2060(INI)
The EU role in the framework of international financial, monetary and regulatory institutions and bodies (short presentation) FR
2016/11/22
Dossiers: 2015/2060(INI)
Banking Union - Annual report 2015 (debate) FR
2016/11/22
Dossiers: 2015/2221(INI)
Conclusions of the European Council meeting of 18 and 19 February 2016 (debate) FR
2016/11/22
Euro area recommendation - Completing Europe's Economic and Monetary Union (debate) FR
2016/11/22
Bringing transparency, coordination and convergence to corporate tax policies (debate) FR
2016/11/22
Dossiers: 2015/2010(INL)
Tax rulings and other measures similar in nature or effect (debate) FR
2016/11/22
Dossiers: 2015/2066(INI)
Mandatory automatic exchange of information in the field of taxation - EU-Switzerland agreement on the automatic exchange of financial account information - Taxation of savings income in the form of interest payments: repealing the Savings Directive (debate) FR
2016/11/22
Dossiers: 2015/0076(NLE)
Decision adopted on the Capital Markets Union package (debate) DE
2016/11/22
Empowering girls through education in the EU (A8-0206/2015 - Liliana Rodrigues) FR
2016/11/22
Dossiers: 2014/2250(INI)
Long-term shareholder engagement and corporate governance statement (A8-0158/2015 - Sergio Gaetano Cofferati) FR
2016/11/22
Dossiers: 2014/0121(COD)
Conclusions of the European Council (25-26 June 2015) and of the Euro Summit (7 July 2015) and the current situation in Greece (debate) FR
2016/11/22
Review of the economic governance framework: stocktaking and challenges (debate) FR
2016/11/22
Dossiers: 2014/2145(INI)
Review of the economic governance framework: stocktaking and challenges (debate) DE
2016/11/22
Dossiers: 2014/2145(INI)
Transparency of the application of the Stability and Growth Pact (debate) FR
2016/11/22
Review of the economic governance framework: stocktaking and challenges (A8-0190/2015 - Pervenche Berès) (vote)
2016/11/22
Dossiers: 2014/2145(INI)
EU Strategy for equality between women and men post 2015 (A8-0163/2015 - Maria Noichl) FR
2016/11/22
Dossiers: 2014/2152(INI)
Indices used as benchmarks in financial instruments and financial contracts (debate) FR
2016/11/22
Dossiers: 2013/0314(COD)
Money market funds (A8-0041/2015 - Neena Gill) FR
2016/11/22
Dossiers: 2013/0306(COD)
European Central Bank annual report for 2013 (debate)
2016/11/22
Dossiers: 2014/2157(INI)
European Semester for economic policy coordination: implementation of 2014 priorities (debate) FR
2016/11/22
Dossiers: 2014/2059(INI)
European Semester for economic policy coordination: implementation of 2014 priorities (debate) FR
2016/11/22
Dossiers: 2014/2059(INI)
European Semester for economic policy coordination: implementation of 2014 priorities (debate) DE
2016/11/22
Dossiers: 2014/2059(INI)
Role and operations of the Troika with regard to the euro area programme countries - Employment and social aspects of the role and operations of the Troika (debate)
2016/11/22
Dossiers: 2014/2007(INI)
European Insurance and Occupational Pensions Authority and European Securities and Markets Authority (debate)
2016/11/22
Dossiers: 2011/0006(COD)
Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
2016/11/22
Dossiers: 2013/0024(COD)
European Semester for economic policy coordination: annual growth survey 2014 - European Semester for economic policy coordination: employment and social aspects - Single market governance (debate)
2016/11/22
Dossiers: 2013/2194(INI)
European Semester for economic policy coordination: annual growth survey 2014 - European Semester for economic policy coordination: employment and social aspects - Single market governance (debate)
2016/11/22
Dossiers: 2013/2194(INI)
Resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund (debate)
2016/11/22
Dossiers: 2013/0253(COD)
EU homelessness strategy (debate)
2016/11/22
Dossiers: 2013/2994(RSP)
European Central Bank annual report for 2012 (debate)
2016/11/22
Dossiers: 2013/2076(INI)
Call for a measurable and tangible commitment against tax evasion and tax avoidance in the EU (debate)
2016/11/22
Constitutional problems of a multitier governance in the EU (debate)
2016/11/22
Dossiers: 2012/2078(INI)
Payment accounts (debate)
2016/11/22
Dossiers: 2013/0139(COD)
Location of the seats of the European Union's institutions (A7-0350/2013 - Ashley Fox, Gerald Häfner)
2016/11/22
Multiannual financial framework 2014-2020 (A7-0389/2013 - Jean-Luc Dehaene, Ivailo Kalfin)
2016/11/22
Future of the EU wine sector (debate)
2016/11/22
European Semester for economic policy coordination (debate)
2016/11/22
Dossiers: 2013/2134(INI)
State of play in the negotiations on the European Banking Union (debate)
2016/11/22
Review of the Irish Presidency, including the MFF agreement (B7-0332/2013, RCB7-0334/2013, B7-0334/2013, B7-0335/2013, B7-0339/2013, B7-0340/2013)
2016/11/22
Implementing enhanced cooperation in the area of financial transaction tax (A7-0230/2013 - Anni Podimata)
2016/11/22
Reforming the structure of the EU banking sector (A7-0231/2013 - Arlene McCarthy)
2016/11/22
Preparations for the European Council meeting (27-28 June 2013) (debate)
2016/11/22
Dossiers: 2013/2673(RSP)
Future legislative proposals on EMU (debate)
2016/11/22
EU trade and investment agreement negotiations with the US (debate)
2016/11/22
Dossiers: 2013/2558(RSP)
Preparations for the European Council meeting (22 May 2013) - Fight against tax fraud, tax evasion and tax havens - Annual tax report: how to free the EU potential for economic growth (debate)
2016/11/22
Dossiers: 2013/2025(INI)
Specific tasks for the European Central Bank concerning policies relating to the prudential supervision of credit institutions - European Banking Authority and prudential supervision of credit institutions (debate)
2016/11/22
Completing the scoreboard for the Macroeconomic Imbalance Procedure (debate)
2016/11/22
Credit institutions and prudential supervision - Prudential requirements for credit institutions and investment firms (debate)
2016/11/22
Dossiers: 2011/0203(COD)
European Central Bank annual report (2011) (debate)
2016/11/22
Dossiers: 2012/2304(INI)
European Semester for economic policy coordination: annual growth survey 2013 (A7-0032/2013 - Elisa Ferreira)
2016/11/22
European Semester for economic policy coordination: annual growth survey 2013 - European Semester for economic policy coordination: employment and social aspects in the annual growth survey 2013 - Governance of the single market (debate)
2016/11/22
Dossiers: 2012/2260(INL)
European Semester for economic policy coordination: annual growth survey 2013 - European Semester for economic policy coordination: employment and social aspects in the annual growth survey 2013 - Governance of the single market (debate)
2016/11/22
Dossiers: 2012/2260(INL)
Feasibility of introducing stability bonds (debate)
2016/11/22
Dossiers: 2012/2028(INI)
Feasibility of introducing stability bonds (debate)
2016/11/22
Dossiers: 2012/2028(INI)
Statement by the President
2016/11/22
Towards a genuine Economic and Monetary Union (debate)
2016/11/22
Dossiers: 2012/2151(INL)
Markets in financial instruments and repeal of Directive 2004/39/EC - Markets in financial instruments and amendment of the EMIR Regulation on OTC derivatives, central counterparties and trade repositories (debate)
2016/11/22
Dossiers: 2011/0296(COD)
European Semester for economic policy coordination: implementation of 2012 priorities (debate)
2016/11/22
Dossiers: 2012/2150(INI)
Proposals for a European banking union (EBU) (debate)
2016/11/22
Proposals for a European banking union (EBU) (debate)
2016/11/22
Conclusions of the European Council meeting (28-29 June 2012) (debate)
2016/11/22
Preparation for the European Council meeting (28-29 June 2012) - Multiannual financial framework and own resources (debate)
2016/11/22
Economic and budgetary surveillance of Member States with serious difficulties with respect to their financial stability in the euro area - Monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (debate)
2016/11/22
Dossiers: 2011/0385(COD)
Common system for taxing financial transactions (debate)
2016/11/22
Dossiers: 2011/0261(CNS)
Preparation for the European Council meeting (1-2 March 2012) (debate)
2016/11/22
Employment and social aspects in the Annual Growth Survey 2012 - Contribution to the Annual Growth Survey 2012 - Guidelines for the employment policies of the Member States (debate)
2016/11/22
Dossiers: 2011/0390(CNS)
Food distribution to the most deprived persons in the Union (debate)
2016/11/22
Dossiers: 2008/0183(COD)
Feasibility of introducing stability bonds (debate)
2016/11/22
Feasibility of introducing stability bonds (debate)
2016/11/22
ECB annual report for 2010 (debate)
2016/11/22
Dossiers: 2011/2156(INI)
Economic governance
2016/11/22
Conclusions of the European Council meeting (23 October 2011) (debate)
2016/11/22
European Semester 2011: first lessons (debate)
2016/11/22
Preparation for the European Council meeting (23 October 2011) (debate)
2016/11/22
Dossiers: 2011/2543(RSP)
State of the Union (debate)
2016/11/22
Question Hour with the President of the Eurogroup, Jean-Claude Juncker
2016/11/22
Economic crisis and the euro (debate)
2016/11/22
Scheme for food distribution to the most deprived persons in the Union (debate)
2016/11/22
Dossiers: 2011/2722(RSP)
Financial, economic and social crisis: measures and initiatives to be taken (debate)
2016/11/22
Dossiers: 2010/2242(INI)
Review of the Hungarian Presidency (debate)
2016/11/22
Prevention and correction of macroeconomic imbalances - Implementation of excessive deficit procedure - Requirements for budgetary frameworks of Member States - Budgetary surveillance in euro area - Surveillance of budgetary positions and surveillance and coordination of economic policies - Enforcement measures to correct excessive macroeconomic imbalances in euro area (debate)
2016/11/22
Prevention and correction of macroeconomic imbalances - Implementation of excessive deficit procedure - Requirements for budgetary frameworks of Member States - Budgetary surveillance in euro area - Surveillance of budgetary positions and surveillance and coordination of economic policies - Enforcement measures to correct excessive macroeconomic imbalances in euro area (continuation of debate)
2016/11/22
Dossiers: 2010/0306(NLE)
Order of business
2016/11/22
Stress tests of the EU banking sector (debate)
2016/11/22
EIB annual report for 2009 (debate)
2016/11/22
Dossiers: 2010/2248(INI)
Conclusions of the European Council meeting (24-25 March 2011) (debate)
2016/11/22
Composition of Parliament
2016/11/22
Preparation of the Eurozone summit of 11 March 2011 (debate)
2016/11/22
Innovative financing at a global and European level (debate)
2016/11/22
Dossiers: 2010/2105(INI)
Guidelines for the employment policies of the Member States - Europe 2020 - Implementation of the guidelines for the employment policies of the Member States (debate)
2016/11/22
Dossiers: 2011/0007(CNS)
Appointments of ESA senior executives (debate)
2016/11/22
Report on competition policy 2009 (debate)
2016/11/22
Dossiers: 2010/2137(INI)
Conclusions of the European Council meeting on 16-17 December (debate)
2016/11/22
Preparations for the European Council meeting (16-17 December 2010) - Establishing a permanent crisis mechanism to safeguard the financial stability of the euro area (debate)
2016/11/22
Competition horizontal cooperation rules (debate)
2016/11/22
ECB annual report for 2009 - Latest developments on international currency exchange rates (debate)
2016/11/22
Dossiers: 2010/2078(INI)
Financial supervision package (debate)
2016/11/22
Explanations of vote
2016/11/22
Dossiers: 2008/0257(COD)
Conclusions of the special ECOFIN Council meeting of 7 September (debate)
2016/11/22
Explanations of vote
2016/11/22
Dossiers: 2009/2236(INI)
Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board (A7-0168/2010, Sylvie Goulard) (vote)
2016/11/22
Dossiers: 2009/0140(COD)
Specific tasks for the European Central Bank concerning the functioning of the European Systemic Risk Board - Powers of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority - European Securities and Markets Authority - Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board - European Banking Authority - European Insurance and Occupational Pensions Authority - Cross-Border Crisis Management in the Banking Sector (debate)
2016/11/22
Dossiers: 2009/0161(COD)
Specific tasks for the European Central Bank concerning the functioning of the European Systemic Risk Board - Powers of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority - European Securities and Markets Authority - Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board - European Banking Authority - European Insurance and Occupational Pensions Authority - Cross-Border Crisis Management in the Banking Sector (debate)
2016/11/22
Dossiers: 2009/0161(COD)
Conclusions of the European Council meeting (17 June 2010) (debate)
2016/11/22
Quality of statistical data in the Union and enhanced auditing powers by the Commission (Eurostat) (debate)
2016/11/22
Credit rating agencies (debate)
2016/11/22
Outcome of the summit of 7 May 2010 and the ECOFIN meeting - What is the political relevance of the EU 2020 strategy in the context of the current financial and economic crisis? - Consequences of the financial and economic crisis on the EU 2020 strategy and its governance - What is the relevance of the EU 2020 strategy in the framework of the current financial and economic crisis? (debate)
2016/11/22
Explanations of vote
2016/11/22
Dossiers: 2009/2106(INI)
EU 2020 - Follow-up of the informal European Council of 11 February 2010 (debate)
2016/11/22
Explanations of vote
2016/11/22
Administrative cooperation in the field of taxation - Mutual assistance for the recovery of claims relating to taxes, duties and other measures - Reverse charge mechanism: goods and services susceptible to fraud - Promoting Good Governance in Tax Matters (debate)
2016/11/22
Dossiers: 2009/0007(CNS)
Freedom of information in Italy (debate)
2016/11/22
Explanations of vote
2016/11/22
Dossiers: 2009/0802(CNS)
G20 Summit in Pittsburgh (24-25 September) (debate)
2016/11/22

Reports (4)

REPORT on the EU role in the framework of international financial, monetary and regulatory institutions and bodies PDF (348 KB) DOC (148 KB)
2016/11/22
Committee: ECON
Dossiers: 2015/2060(INI)
Documents: PDF(348 KB) DOC(148 KB)
REPORT on the feasibility of introducing Stability Bonds PDF (248 KB) DOC (155 KB)
2016/11/22
Committee: ECON
Dossiers: 2012/2028(INI)
Documents: PDF(248 KB) DOC(155 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area PDF (375 KB) DOC (283 KB)
2016/11/22
Committee: ECON
Dossiers: 2010/0278(COD)
Documents: PDF(375 KB) DOC(283 KB)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council on Community macro prudential oversight of the financial system and establishing a European Systemic Risk Board PDF (456 KB) DOC (728 KB)
2016/11/22
Committee: ECON
Dossiers: 2009/0140(COD)
Documents: PDF(456 KB) DOC(728 KB)

Shadow reports (22)

REPORT on e-democracy in the European Union: potential and challenges PDF (414 KB) DOC (78 KB)
2016/11/22
Committee: AFCO
Dossiers: 2016/2008(INI)
Documents: PDF(414 KB) DOC(78 KB)
REPORT on the Banking Union – Annual Report 2015 PDF (403 KB) DOC (130 KB)
2016/11/22
Committee: ECON
Dossiers: 2015/2221(INI)
Documents: PDF(403 KB) DOC(130 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on harmonised indices of consumer prices and repealing Regulation (EC) No 2494/95 PDF (675 KB) DOC (137 KB)
2016/11/22
Committee: ECON
Dossiers: 2014/0346(COD)
Documents: PDF(675 KB) DOC(137 KB)
PDF (245 KB) DOC (328 KB)
2016/11/22
Committee: AFCO
Dossiers: 2015/2035(INL)
Documents: PDF(245 KB) DOC(328 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on information provision and promotion measures for agricultural products on the internal market and in third countries PDF (288 KB) DOC (423 KB)
2016/11/22
Committee: AGRI
Dossiers: 2013/0398(COD)
Documents: PDF(288 KB) DOC(423 KB)
REPORT on the enquiry on the role and operations of the Troika (ECB, Commission and IMF) with regard to the euro area programme countries PDF (350 KB) DOC (175 KB)
2016/11/22
Committee: ECON
Dossiers: 2013/2277(INI)
Documents: PDF(350 KB) DOC(175 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund and amending Regulation (EU) No 1093/2010 of the European Parliament and of the Council PDF (768 KB) DOC (494 KB)
2016/11/22
Committee: ECON
Dossiers: 2013/0253(COD)
Documents: PDF(768 KB) DOC(494 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17 PDF (140 KB) DOC (64 KB)
2016/11/22
Committee: ECON
Dossiers: 2013/0249(COD)
Documents: PDF(140 KB) DOC(64 KB)
REPORT on the European Semester for economic policy coordination: implementation of 2012 priorities PDF (336 KB) DOC (228 KB)
2016/11/22
Committee: ECON
Dossiers: 2012/2150(INI)
Documents: PDF(336 KB) DOC(228 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council regulation (EC) N° 1234/2007 as regards the regime of the single payment scheme and support to vine-growers PDF (194 KB) DOC (243 KB)
2016/11/22
Committee: AGRI
Dossiers: 2011/0285(COD)
Documents: PDF(194 KB) DOC(243 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area PDF (400 KB) DOC (610 KB)
2016/11/22
Committee: ECON
Dossiers: 2011/0385(COD)
Documents: PDF(400 KB) DOC(610 KB)
REPORT on the proposal for a decision of the European Parliament and of the Council on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean PDF (194 KB) DOC (242 KB)
2016/11/22
Committee: ECON
Dossiers: 2011/0442(COD)
Documents: PDF(194 KB) DOC(242 KB)
REPORT on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB) PDF (373 KB) DOC (550 KB)
2016/11/22
Committee: ECON
Dossiers: 2011/0058(CNS)
Documents: PDF(373 KB) DOC(550 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 2003/71/EC and 2009/138/EC in respect of the powers of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority PDF (612 KB) DOC (474 KB)
2016/11/22
Committee: ECON
Dossiers: 2011/0006(COD)
Documents: PDF(612 KB) DOC(474 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Council Regulations (EC) No 1290/2005 and (EC) No 1234/2007 as regards distribution of food products to the most deprived persons in the Union PDF (150 KB) DOC (94 KB)
2016/11/22
Committee: AGRI
Dossiers: 2008/0183(COD)
Documents: PDF(150 KB) DOC(94 KB)
REPORT on the contribution to the Annual Growth Survey 2012 PDF (157 KB) DOC (86 KB)
2016/11/22
Committee: ECON
Dossiers: 2011/2319(INI)
Documents: PDF(157 KB) DOC(86 KB)
REPORT on the European Semester for Economic Policy Coordination PDF (376 KB) DOC (283 KB)
2016/11/22
Committee: ECON
Dossiers: 2011/2071(INI)
Documents: PDF(376 KB) DOC(283 KB)
REPORT on the proposal for a Council regulation amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure PDF (423 KB) DOC (421 KB)
2016/11/22
Committee: ECON
Dossiers: 2010/0276(CNS)
Documents: PDF(423 KB) DOC(421 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies PDF (523 KB) DOC (469 KB)
2016/11/22
Committee: ECON
Dossiers: 2010/0280(COD)
Documents: PDF(523 KB) DOC(469 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the professional cross-border transportation of euro cash by road between euro-area Member States PDF (181 KB) DOC (236 KB)
2016/11/22
Committee: ECON
Dossiers: 2010/0204(COD)
Documents: PDF(181 KB) DOC(236 KB)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council establishing a European Insurance and Occupational Pensions Authority PDF (956 KB) DOC (1 MB)
2016/11/22
Committee: ECON
Dossiers: 2009/0143(COD)
Documents: PDF(956 KB) DOC(1 MB)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council establishing a European Securities and Markets Authority PDF (991 KB) DOC (1 MB)
2016/11/22
Committee: ECON
Dossiers: 2009/0144(COD)
Documents: PDF(991 KB) DOC(1 MB)

Opinions (2)

OPINION on the review of the economic governance framework: stocktaking and challenges
2016/11/22
Committee: AFCO
Documents: PDF(109 KB) DOC(178 KB)
OPINION on constitutional problems of a multitier governance in the European Union
2016/11/22
Committee: ECON
Documents: PDF(148 KB) DOC(195 KB)

Shadow opinions (14)

OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 806/2014 in order to establish a European Deposit Insurance Scheme
2016/11/22
Committee: AFCO
Dossiers: 2015/0270(COD)
Documents: PDF(545 KB) DOC(146 KB)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the establishment of the Structural Reform Support Programme for the period 2017 to 2020 and amending Regulations (EU) No 1303/2013 and (EU) No 1305/2013
2016/11/22
Committee: ECON
Dossiers: 2015/0263(COD)
Documents: PDF(205 KB) DOC(135 KB)
OPINION on the role of whistle-blowers in the protection of the EU’s financial interests
2016/11/22
Committee: AFCO
Dossiers: 2016/2055(INI)
Documents: PDF(132 KB) DOC(63 KB)
OPINION on budgetary capacity for the Eurozone
2016/11/22
Committee: AFCO
Dossiers: 2015/2344(INI)
Documents: PDF(125 KB) DOC(64 KB)
OPINION on the Annual Report 2014 on Protection of the EU’s Financial Interests – Fight against fraud
2016/11/22
Committee: AFCO
Dossiers: 2015/2128(INI)
Documents: PDF(129 KB) DOC(184 KB)
OPINION on the 30th and 31st Annual Reports on monitoring the application of EU Law (2012 and 2013)
2016/11/22
Committee: AFCO
Dossiers: 2014/2253(INI)
Documents: PDF(117 KB) DOC(172 KB)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European Fund for Strategic Investments and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013
2016/11/22
Committee: AFCO
Dossiers: 2015/0009(COD)
Documents: PDF(202 KB) DOC(817 KB)
OPINION on the proposal for a directive of the European Parliament and of the Council on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA
2016/11/22
Committee: ECON
Dossiers: 2013/0023(COD)
Documents: PDF(185 KB) DOC(248 KB)
OPINION on the Proposal for a Regulation of the European Parliament and of the Council on the Fund for European Aid to the Most Deprived
2016/11/22
Committee: AGRI
Dossiers: 2012/0295(COD)
Documents: PDF(462 KB) DOC(797 KB)
OPINION on the proposal for a regulation of the European Parliament and of the Council Creating a European Account Preservation Order to facilitate cross-border debt recovery in civil and commercial matters
2016/11/22
Committee: ECON
Dossiers: 2011/0204(COD)
Documents: PDF(222 KB) DOC(561 KB)
OPINION on the proposal for a Directive of the European Parliament and of the Council amending Directives 89/666/EEC, 2005/56/EC and 2009/101/EC as regards the interconnection of central, commercial and companies registers
2016/11/22
Committee: ECON
Dossiers: 2011/0038(COD)
Documents: PDF(218 KB) DOC(436 KB)
OPINION on a Single Market for Enterprises and Growth
2016/11/22
Committee: ECON
Dossiers: 2010/2277(INI)
Documents: PDF(110 KB) DOC(92 KB)
OPINION on GDP and beyond - Measuring progress in a changing world
2016/11/22
Committee: ECON
Dossiers: 2010/2088(INI)
Documents: PDF(118 KB) DOC(93 KB)
OPINION European environmental economic accounts
2016/11/22
Committee: ECON
Dossiers: 2010/0073(COD)
Documents: PDF(175 KB) DOC(501 KB)

Institutional motions (1)

MOTION FOR A RESOLUTION on conclusion of the EU-Canada CETA PDF (270 KB) DOC (52 KB)
2016/11/22
Dossiers: 2017/2525(RSP)
Documents: PDF(270 KB) DOC(52 KB)

Oral questions (6)

Anti-competitive effects of common ownership by large institutional investors PDF (192 KB) DOC (19 KB)
2016/11/22
Documents: PDF(192 KB) DOC(19 KB)
Implementation of reforms creating jobs and growth in Greece PDF (191 KB) DOC (16 KB)
2016/11/22
Documents: PDF(191 KB) DOC(16 KB)
SME supporting factor PDF (192 KB) DOC (25 KB)
2016/11/22
Dossiers: 2016/2652(RSP)
Documents: PDF(192 KB) DOC(25 KB)
Foreign currency loans PDF (191 KB) DOC (26 KB)
2016/11/22
Documents: PDF(191 KB) DOC(26 KB)
Transparency of the application of the Stability and Growth Pact PDF (193 KB) DOC (26 KB)
2016/11/22
Documents: PDF(193 KB) DOC(26 KB)
Transparency of the application of the Stability and Growth Pact PDF (94 KB) DOC (26 KB)
2016/11/22
Documents: PDF(94 KB) DOC(26 KB)

Written explanations (3)

Possible evolutions of and adjustments to the current institutional set-up of the European Union (A8-0390/2016 - Guy Verhofstadt) FR

Les trois rapports sur l'avenir de l'Union européenne (Brok/Bresso, Verhofstadt, Böge/Berès) représentent une contribution utile au débat sur l'Europe que nous souhaitons et dont nous avons besoin. C'était un grand travail pour l'équipe de rapporteurs.Un des messages clés de ces rapports est que l'Union européenne doit aller de l'avant en s'améliorant, et en prenant en compte les critiques formulées à son égard – qui ne sont pas toujours injustifiées.
2016/11/22
Improving the functioning of the European Union building on the potential of the Lisbon Treaty (A8-0386/2016 - Mercedes Bresso, Elmar Brok) FR

Les trois rapports sur l'avenir de l'Union européenne (Brok/Bresso, Verhofstadt, Böge/Berès) représentent une contribution utile au débat sur l'Europe que nous souhaitons et dont nous avons besoin. C'était un grand travail pour l'équipe de rapporteurs.Un des messages clés de ces rapports est que l'Union européenne doit aller de l'avant en s'améliorant, en prenant en compte les critiques formulées à son égard – qui ne sont pas toujours injustifiées.
2016/11/22
Budgetary capacity for the Eurozone (A8-0038/2017 - Reimer Böge, Pervenche Berès) FR

Les trois rapports sur l'avenir de l'Union européenne (Brok/Bresso, Verhofstadt, Böge/Bérès) représentent une contribution utile au débat sur l'Europe que nous souhaitons et dont nous avons besoin. C'était un grand travail pour l'équipe de rapporteurs.Un des messages clés de ces rapports est que l'Union européenne doit aller de l'avant en s'améliorant, en prenant en compte les critiques formulées à son égard, qui ne sont pas toujours injustifiés.
2016/11/22

Written questions (14)

Impact of software on solvency PDF (93 KB) DOC (16 KB)
2016/11/22
Documents: PDF(93 KB) DOC(16 KB)
Reforms in Greece to create growth and jobs PDF (187 KB) DOC (15 KB)
2016/11/22
Documents: PDF(187 KB) DOC(15 KB)
Growth and job creation in Greece PDF (103 KB) DOC (17 KB)
2016/11/22
Documents: PDF(103 KB) DOC(17 KB)
Potential state aid to a car manufacturer based in the UK PDF (190 KB) DOC (18 KB)
2016/11/22
Documents: PDF(190 KB) DOC(18 KB)
Reducing the administrative burden on the financial sector, in order to foster investment, thus creating jobs and growth PDF (192 KB) DOC (16 KB)
2016/11/22
Documents: PDF(192 KB) DOC(16 KB)
Compliance with macroeconomic adjustment programmes in Greece PDF (94 KB) DOC (16 KB)
2016/11/22
Documents: PDF(94 KB) DOC(16 KB)
Implementation of the Single Euro Payments Area (SEPA) PDF (6 KB) DOC (25 KB)
2016/11/22
Documents: PDF(6 KB) DOC(25 KB)
Banking structural reform PDF (101 KB) DOC (24 KB)
2016/11/22
Documents: PDF(101 KB) DOC(24 KB)
Vulnerabilities of the financial services markets PDF (101 KB) DOC (23 KB)
2016/11/22
Documents: PDF(101 KB) DOC(23 KB)
Application of reduced VAT rates to electronic books and electronic newspapers PDF (6 KB) DOC (24 KB)
2016/11/22
Documents: PDF(6 KB) DOC(24 KB)
External representation of economic and monetary union PDF (99 KB) DOC (24 KB)
2016/11/22
Documents: PDF(99 KB) DOC(24 KB)
Legislative proposals following the LuxLeaks case PDF (92 KB) DOC (24 KB)
2016/11/22
Documents: PDF(92 KB) DOC(24 KB)
Tax rulings in Member States PDF (91 KB) DOC (23 KB)
2016/11/22
Documents: PDF(91 KB) DOC(23 KB)
TLAC (Total Loss Absorbing Capacity) ratio PDF (5 KB) DOC (24 KB)
2016/11/22
Documents: PDF(5 KB) DOC(24 KB)

Written declarations (2)

Written declaration on corporation tax rates in the EU

2016/11/22
Documents: PDF(97 KB) DOC(46 KB)
Authors: Burkhard BALZ, Udo BULLMANN, Jean-Paul GAUZÈS, Sven GIEGOLD, Sylvie GOULARD

Amendments (2964)

Amendment 1 #

2017/2011(INI)

Draft opinion
Paragraph 1
1. Points to the need to rebuildmutual trust ibetween the EU’s institutions and those of the Member States, trust being thewhich serves as a basis for good cooperation and effective application of EU law; maintains that the citizens of the Union feel confident about Union law when it is implemented in the Member States in an effective manner;
2017/05/16
Committee: AFCO
Amendment 10 #

2017/2011(INI)

Draft opinion
Paragraph 2
2. Believes that the unchecked expansion of the EU’s acquis is detrimental to its proper application; stresses therefore the importance of upholding the principles of subsidiarity and proportionality; wWelcomes the practice by the Commission of taking due account of the principles of better law-making when selecting priorities for monitoring the application of EU law in the Member States;
2017/05/16
Committee: AFCO
Amendment 21 #

2017/2011(INI)

Draft opinion
Paragraph 5
5. Calls, in this respect, for the commitment of all EU institutions engaged in the legislative process to enhance the drafting quality of legislative texts, in line with the commitment undertaken in the Better Law-Making Agenda; considers that the 1998 Inter-institutional Agreement on common guidelines for the quality of drafting of Community legislation should be substantially adapted in order to deliver on that objective; reiterates the provision in the Inter-institutional Agreement on Better Law-Making that calls on Member States when transposing EU directives into national law, in cases where they choose to add elements that are in no way related to Union legislation to make these additions identifiable either through the transposing act or through explanatory documents;
2017/05/16
Committee: AFCO
Amendment 30 #

2017/2011(INI)

Draft opinion
Paragraph 6
6. Points out that the inclusion ofcloser scrutiny by national parliaments inof the law-making process will foster effective application of EU law; highlights, for that reason, the necessity to ensure genuine application of the yellow-card procedure as specified in Protocol (No 2) on the application of the principles of subsidiarity and proportionalityir respective governments when the latter are involved in the law-making process will foster a more effective application of EU law as provided for in the Treaties;
2017/05/16
Committee: AFCO
Amendment 36 #

2017/2011(INI)

Draft opinion
Paragraph 7
7. Insists that national parliaments also have an essential role to play in both pre- legislative scrutiny of draft legal acts and post-legislative scrutiny of their correct implementation bythe scrutiny of the implementation process of EU law in the Member States; highlights itcalls continued determination to support them in such efforts them accordingly to pursue that role proactively;
2017/05/16
Committee: AFCO
Amendment 40 #

2017/2011(INI)

Draft opinion
Paragraph 8
8. Notes that the system of exchange of information and cooperation between committees of national parliaments working with the EU (in the framework of COSAC) can help in achieving more effective legislation and should also be used to support bettera more effective application of EU law by the Member States;
2017/05/16
Committee: AFCO
Amendment 44 #

2017/2011(INI)

Draft opinion
Paragraph 9
9. Highlights the need for Parliament to also monitor the Commission’s enforcement of regulations in the same way it does with directives; requests the Commission to ensure that the data on the implementation of regulations is provided in its future annual reports on the monitoring of the application of EU law; calls on the Member States to submit national legislation transposing or implementing regulations to the Commission with a view to ensuring its correct compliance and to specify which parts stem from EU legislation and which parts are national additions;
2017/05/16
Committee: AFCO
Amendment 14 #

2016/2306(INI)

Motion for a resolution
Citation 23 a (new)
- having regard to the Annual Report on European SME's 2015/2016,
2016/12/15
Committee: ECON
Amendment 15 #

2016/2306(INI)

Motion for a resolution
Citation 23 b (new)
- having regard to the report from the Commission to the European Parliament and the Council dated 26th August 2016 on the implementation of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions,
2016/12/15
Committee: ECON
Amendment 61 #

2016/2306(INI)

Motion for a resolution
Recital E
E. whereas growth has to an important degree relied upon unconventional and, in the long term, unsustainable monetary policies; whereas interest rates will rise again; whereas this supports the call for a three-pronged policy approach of growth- friendly investment, a full and consistent implementation of the Stability and Growth pact across Member States, and a particular focus on structural reforms;
2016/12/15
Committee: ECON
Amendment 75 #

2016/2306(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the long-term sustainability of public finances of EU Member States is a matter of concern for intergenerational fairness;
2016/12/15
Committee: ECON
Amendment 77 #

2016/2306(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas the size of government debt can be affected both by contingent and implicit liabilities;
2016/12/15
Committee: ECON
Amendment 85 #

2016/2306(INI)

Motion for a resolution
Recital G
G. whereas the EU requires important investment efforts; notably in growth enhancing areas such as research, ICT, innovation or education;
2016/12/15
Committee: ECON
Amendment 94 #

2016/2306(INI)

Motion for a resolution
Recital H
H. whereas the EU's insufficient level of global competitiveness and productivity calls for structural reforms in the Member States in order to bring about sustained growthits lack of sustainable growth is linked to low productivity growth which can only be tackled through structural reforms in the Member States and the completion of the single market, also aiming at making the EU's economy more dynamic through the creation and scale-up of innovative companies;
2016/12/15
Committee: ECON
Amendment 104 #

2016/2306(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas economies with more punitive bankruptcy regimes forego the potential growth in value added and employment which calls for the full implementation of the Small Business Act second chance principle by all Member States;
2016/12/15
Committee: ECON
Amendment 106 #

2016/2306(INI)

Motion for a resolution
Recital H b (new)
Hb. whereas the late payments directive was designed to help companies that are facing high costs or even bankruptcies due to late payments by private and public companies; whereas the external ex-post evaluation revealed that public entities in more than half of all Member States are not yet respecting the 30-day payment limit imposed by law; whereas the report has identified that Member States under adjustment programmes have difficulties applying the directive where prompt payment of current invoices has to be balanced against accumulated debt repayment;
2016/12/15
Committee: ECON
Amendment 108 #

2016/2306(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s Annual Growth Survey 2017 reaffirming the strategy of a virtuous triangle of investment, structural reforms and responsible public finances; agrees that faster progress on the adoption of reforms, in line with the country-specific recommendations, is needed to deliver on growth and jobs; deplores the very low implementation rate of country specific recommendations, which declined from 11 % in 2012 to only 4% in 2015; stresses that Member States will need to step up their efforts to reform if they want to return to growth and create jobs;
2016/12/15
Committee: ECON
Amendment 146 #

2016/2306(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recalls that poverty and widening income inequality are a threat to growth and its sustainability; calls on the Commission to coordinate and support the Member States in their missions to combat them by facilitating the exchange of best practice and accurate data collection; considers that these responsibilities should explicitly be part of the European Semester for economic policy coordination;
2016/12/15
Committee: ECON
Amendment 147 #

2016/2306(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Believes that the EU needs to be prepared for an environment of phasing out of unconventional monetary policy measures and rising interest rates;
2016/12/15
Committee: ECON
Amendment 160 #

2016/2306(INI)

Motion for a resolution
Paragraph 4
4. Agrees with the Commission that access to finance is crucial for businesses to innovate and grow;
2016/12/15
Committee: ECON
Amendment 181 #

2016/2306(INI)

Motion for a resolution
Paragraph 5
5. Notes that tha credible financial system and its institutions are crucial for attracting investment and growth in the European economy; stresses that the current financial system is characterised by increased safety and stability;
2016/12/15
Committee: ECON
Amendment 186 #

2016/2306(INI)

Motion for a resolution
Paragraph 6
6. Stresses that a fully functioning Capital Markets Union can, in a longer perspective, provide alternative financing to SMEs, complementing that of the banking sector; calls for a faster and more ambitious implementation of CMU to create a more efficient allocation of capital throughout the EU, improving the depth of EU capital markets, increasing diversification for investors, stimulating long term investment and making full use of the EU's innovative financial instruments designed to support access to capital markets for SMEs;
2016/12/15
Committee: ECON
Amendment 194 #

2016/2306(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes in particular the findings in the Annual Growth Survey 2017 that high growth companies have issues with access to finance; calls for the Commission to identify and implement projects that support and attract market-based investment for such high growth innovative companies, such as the pan European VC Funds-of-Funds;
2016/12/15
Committee: ECON
Amendment 228 #

2016/2306(INI)

Motion for a resolution
Paragraph 8
8. Emphasises that reliable investment requires a stable regulatory environment that allows for a return on investment; considers that predictable rules, a level playing field and reduced compliance costs are crucial factors for attracting investment;
2016/12/15
Committee: ECON
Amendment 249 #

2016/2306(INI)

Motion for a resolution
Paragraph 10
10. Notes with concern that the EU share of global foreign direct investments flows have fallen significantly since the crisis; calls on the Commission and Member States to step up efforts to improve the business environment for investments inter alia by fully implementing and enforcing EU Single Market legislation;
2016/12/15
Committee: ECON
Amendment 251 #

2016/2306(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Believes that EFSI and structural funds should also support recommendations for the EU as a whole; calls for the Commission to increase its efforts to finance projects or help to attract market based finance for projects with a cross-border dimension, especially in the fields of knowledge, innovation, education and ICT;
2016/12/15
Committee: ECON
Amendment 254 #

2016/2306(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Stresses that structural reforms need to be complemented by longer-term investment in education, research, innovation and sustainable energy; believes that public-private partnerships can also be considered as tools to promote investment and to deliver smart and sustainable growth which complement public investment programmes;
2016/12/15
Committee: ECON
Amendment 264 #

2016/2306(INI)

Motion for a resolution
Paragraph 11
11. Agrees that structural reforms in product, services and labour markets, also with the aim to improve the efficiency of research and innovation systems, remain a priority in the Member States;
2016/12/15
Committee: ECON
Amendment 270 #

2016/2306(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Believes that the Member States and the Commission are not delivering enough on their commitment to complete the Single Market which limits the transfer of capital and labour resources from traditional to new activities, such as in the services sector which contributed more than 70% of the EU-28's total gross value added in 2015, and limits the expansion of intra-EU trade; reiterates the importance of the completion of the Single Market, not only for the purpose of economic gains such as growth and jobs in the EU but also as a way to increase citizens confidence in the European project;
2016/12/15
Committee: ECON
Amendment 293 #

2016/2306(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Underlines the importance of launching or continuing the process of coherent and sustainable structural reforms for stability in the medium and long term; stresses that the EU cannot compete on general or labour costs alone, but needs to invest more in research, innovation and development, education and skills, and resource efficiency, at both national and European level;
2016/12/15
Committee: ECON
Amendment 295 #

2016/2306(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. believes that reducing the tax burden for low and middle incomes will increase demand and boost growth agrees with the Commission that the Member States need to continue to pursue growth- friendly fiscal consolidation; calls on Member States to simplify tax systems, reduce taxes and social security contributions, especially for low and medium incomes, and shift taxes away from labour to consumption and environmentally damaging activities in order to stimulate growth, private investment and job creation, to make consolidation efforts more efficient, and to enhance investments in education, R&D, and active labour market policies;
2016/12/15
Committee: ECON
Amendment 306 #

2016/2306(INI)

Motion for a resolution
Paragraph 13
13. Is concerned about the effects of demographic developments on public finances, conditioned by, inter alia, low birth rates, ageing societies and the influx of refugees; points in particular to the impact of ageing populations on pension and healthcare systems in the EU; notes that, owing to different demographic structures, the effects of these developments will vary across Member States, but warns that the already foreseeable funding costs will have a significant impact on public deficits; highlights the fact that current consolidation paths will not be sufficient to ensure compliance with EU fiscal rules if pension and health systems are not reformed or current reforms are reversed or not implemented;
2016/12/15
Committee: ECON
Amendment 307 #

2016/2306(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Notes that EU Member States currently spend between 5 and 11% of GDP on healthcare which is expected to increase considerably in the next decades due to demographic changes; urges the Commission to focus efforts on more efficient spending on healthcare through cooperation and sharing of best practices at EU level; calls for greater accountability through measurement and reporting of spending on healthcare, and addressing the sustainability of healthcare systems in Country Specific Recommendations.
2016/12/15
Committee: ECON
Amendment 313 #

2016/2306(INI)

Motion for a resolution
Paragraph 13 b (new)
13 b. Calls on the Commission to broaden its debt sustainability analysis of Member States by including contingent, implicit and other off-budget obligations, and make them public; notes the increased burden on companies as a barrier to growth due to late payments notably by public companies and calls for the Commission to assess of the application of the Late Payments Directive 2011/7/EU by Member States as part of the CSR's.
2016/12/15
Committee: ECON
Amendment 321 #

2016/2306(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the fact that, on average, youth unemployment is declining; notes, however, that there remain stark differences across the Member States that call for continued reforms to facilitate the entry of young people into the labour market to ensure intergenerational fairness; ;
2016/12/15
Committee: ECON
Amendment 368 #

2016/2306(INI)

Motion for a resolution
Paragraph 17
17. Underlines the fact that all Member States are obliged to comply with the Stability and Growth Pact; points, in this regard, also to the importance of the Treaty on Stability, Coordination and Governance (TSCG), and urges the Commission to submit a report on the implementation of the TSCG in the Member States; believes that the TSCG should be incorporated into Community law as soon as possible;
2016/12/15
Committee: ECON
Amendment 381 #

2016/2306(INI)

Motion for a resolution
Paragraph 19
19. Emphasises the Commission’s role as guardian of the treaties; recalls the importance of credible fiscal rules for regaining trust of financial markets, which is fundamental to attract investment;
2016/12/15
Committee: ECON
Amendment 394 #

2016/2306(INI)

Motion for a resolution
Paragraph 20
20. Is concerned about the hesitancy in using the instruments available under the Excessive Deficit Procedure;, which may be interpreted as a lack of commitment to the EU's fiscal rules and hence undermine trust of financial markets; recalls that the mere announcement of the potential use of such instruments such as macro-economic sanctions may have motivated Member States in the past to take budgetary actions, notably Spain and Portugal; notes that only a fiscal policy that respects and follows the rules of the Stability and Growth Pact will lead to credibility and trust between Member States as a pre-condition for the completion of EMU.
2016/12/15
Committee: ECON
Amendment 420 #

2016/2306(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the reduction in average public deficits and debt, but agrees that aggregate pictures hide significant disparities across the Member States; stresses the need for prudent fiscal policies in anticipation of rising interest rates;
2016/12/15
Committee: ECON
Amendment 430 #

2016/2306(INI)

Motion for a resolution
Paragraph 23
23. Takes note of the Commission's communication on a fiscal stance; questions the usefulness of an aggregate target, given the lack of significant spill- over effects of domestic demand between Member States; recalls that the Member States must comply with the Stability and Growth Pact, regardless of aggregate recommendations; notes that a debate on a fiscal stance would first require further transfers of sovereignty to the EU level, such as some form of effective control of Member States' budgets and their composition;
2016/12/15
Committee: ECON
Amendment 454 #

2016/2306(INI)

Motion for a resolution
Paragraph 24
24. Takes the view that improving the structure of public budgets is a key lever to ensure compliance with EU fiscal rules and to allow for the financing of indispensable expenditure, the building of buffers for unforeseen needs , growth-enhancing investment and, lastly, the financing of non-essential spending;
2016/12/15
Committee: ECON
Amendment 465 #

2016/2306(INI)

Motion for a resolution
Paragraph 25
25. Welcomes the ongoing review of public spending, and encourages the Member States critically to assess the quality and composition of their budgets; points out that such a review cannot replace urgent fiscal consolidation needs;
2016/12/15
Committee: ECON
Amendment 469 #

2016/2306(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Stresses the importance of the long term sustainability of public finances; suggests that the Commission develops an indicator to assess to which extent Member States public finances and annual budgets affect future generations taking into account future liabilities and implicit budgetary obligations;
2016/12/15
Committee: ECON
Amendment 473 #

2016/2306(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. recalls that a better economic governance in the euro area is crucial and that, according to the Five Presidents' Report on Completing Europe's Economic and Monetary Union, "a complete EMU is not an end in itself. It is a means to create a better and fairer life for all citizens, to prepare the Union for future global challenges and to enable each of its members to prosper"
2016/12/15
Committee: ECON
Amendment 485 #

2016/2306(INI)

Motion for a resolution
Paragraph 27
27. Believes that better implementation of country-specific recommendations requires clearly articulated priorities at European level and genuine public debate at national level, leading to greater ownership; believes that national parliaments should invite the responsible Commissioner for a hearing in their national parliament on the CSRs; stresses that CSRs should be legally binding as they are formally adopted by elected governments;
2016/12/15
Committee: ECON
Amendment 5 #

2016/2270(INI)

Draft opinion
Recital A a (new)
A a. whereas Europe is one of the wealthiest regions in the world, although recent data on income poverty highlights the rising of poverty and severe poverty in Europe;
2017/05/10
Committee: ECON
Amendment 7 #

2016/2270(INI)

Draft opinion
Recital A b (new)
A b. whereas income poverty is only a part of the overall concept of poverty, therefore poverty does not only refer to material resources, but also to social resources, notably education, health and access to services;
2017/05/10
Committee: ECON
Amendment 18 #

2016/2270(INI)

Draft opinion
Recital B
B. whereas a number of Member States have been coerced into reducing budget deficits and cutt, in order to respect their treaty obligations, a number of Member States have reduced their budget deficits; some Member States decided to achieve this goal in part by reducing their social spending, which has underminedoften resulted in the degradation of public health, education, social security and housing systems, which has had a disproportionate impact on the most deprived members of society in those Member States;
2017/05/10
Committee: ECON
Amendment 29 #

2016/2270(INI)

Draft opinion
Recital C
C. whereas tax avoidance and tax evasion schemes have deprived countries of revenue that is essentialcreate an un-level playing field within the European Union and have deprived countries of revenue that helps to contribute to sufficient funding for a robust social state and public welfare policies, leading to worsening poverty; whereas this has often resulted in increasing levels of poverty in these Member States in recent years;
2017/05/10
Committee: ECON
Amendment 41 #

2016/2270(INI)

Draft opinion
Recital D
D. whereas, according to the ILO2 , education, transfers and social benefits are the most powerful factors for reducing inequalities; _________________ 2 Decomposing income inequality into factor income components: Evidence from selected G20 countries, p. 1.http://www.ilo.org/wcmsp5/groups/public/ ---dgreports/--- inst/documents/publication/wcms_499918. pdf
2017/05/10
Committee: ECON
Amendment 46 #

2016/2270(INI)

Draft opinion
Recital D a (new)
D a. whereas the concept of minimum income must not be confused with the concept of a minimum wage, which is fixed by collective agreement or by legislation;
2017/05/10
Committee: ECON
Amendment 66 #

2016/2270(INI)

Draft opinion
Paragraph 1
1. Stresses that urgent practical steps need to be taken to eradicate poverty and social exclusion and promote the fair distribution of income and wealth; stresses that these steps need to be undertaken at the appropriate level - with actions at national and European level according to the division of competencies for the relevant policies;
2017/05/10
Committee: ECON
Amendment 77 #

2016/2270(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Welcomes reflections and studies concerning how to improve the fair distribution of income and wealth within our societies;
2017/05/10
Committee: ECON
Amendment 82 #

2016/2270(INI)

Draft opinion
Paragraph 2
2. Calls for priority to be given, when shaping macroeconomic policies, for due attention to be paid to the need to reducinge social inequalities and guaranteeing universal free access to public social servicesto the impact of the aforementioned macroeconomic policies on the most deprived in society;
2017/05/10
Committee: ECON
Amendment 105 #

2016/2270(INI)

Draft opinion
Paragraph 3
3. PoUnderlintes out that an increase in education, social transfers and progressive, fair and redistributive tax systems, alongside measures to combat tax avoidance and tax evasion, are prerequisites for economic, social and territorial cohesion;
2017/05/10
Committee: ECON
Amendment 113 #

2016/2270(INI)

Draft opinion
Paragraph 4
4. Argues that minimum income schemes are essential transitional instruments inBelieves that further study and research into potential different minimum income scheme models could be a useful tool in the battle to reducinge and fighting poverty, and they should be seen as a social investmentsocial exclusion, stresses that it is essential that any potential schemes and models must be created with the active involvement of Europe's most deprived, as they are an under-used and under-represented resource with in-depth knowledge and experience which must be harnessed;
2017/05/10
Committee: ECON
Amendment 126 #

2016/2270(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the Commission and Member States to exchange best practices from minimum income schemes;
2017/05/10
Committee: ECON
Amendment 138 #

2016/2270(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to propose a framework directive establishing minimum income schemes set at above 60% of national median equivalised disposable income, after further study and reflection, to evaluate the potential positive impact of a framework directive establishing minimum income schemes for all Member States, taking due account of each country’s specific characteristics.
2017/05/10
Committee: ECON
Amendment 18 #

2016/2247(INI)

Motion for a resolution
Citation 14 a (new)
- having regard to its resolution of 12 April 2016 on the EU role in the framework of international financial, monetary and regulatory institutions and bodies (2015/2060(INI)),
2016/12/20
Committee: ECON
Amendment 75 #

2016/2247(INI)

Motion for a resolution
Recital D
D. whereas no non-euro area country has yet expressed a willingnessall Member States, with the exception of one having a derogation, are committed to joining the euro and therefore to joining the Banking Union;
2016/12/20
Committee: ECON
Amendment 97 #

2016/2247(INI)

Motion for a resolution
Paragraph 1
1. Notes the high level of non- performing loans (NPLs) in some jurisdictioncountries; considers that this issue is crucial and has yet to be solved; welcomes the work of the SSM and its draft guidance on this issue; looks forward to the results of the work on a minimum EU insolvency framework; calls on Member States to improve their insolvency legislationwelcomes the Commission proposal on insolvency and restructuring; calls on Member States to improve their insolvency legislation and more generally their legal framework concerning the restructuring of debt, and to stimulate growth in order to tackle NPLs;
2016/12/20
Committee: ECON
Amendment 109 #

2016/2247(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Notes the low profitability of a number of institutions in the euro area; considers that low profitability remains an important concern for the stability of the financial and banking sector; considers that resolute actions should be taken to strengthen the profitability of those institutions, while acknowledging the impact of the overall economic environment in that regard;
2016/12/20
Committee: ECON
Amendment 131 #

2016/2247(INI)

Motion for a resolution
Paragraph 2
2. Considers that there are risks associated with sovereign debt; notes, however, that government bonds play a critical role as a source of high-quality, liquid collateral and that modifying its prudential treatment could have a significant effect on both the financial and the public sector, which calls for caution in reform efforts; awaits with interest theconsiders that, in the end, a better resgults of theatory framework, be it European or international, work on this issueill be needed; considers that, in the end, a better regulatory framework, be it European or international, will be neededEuropean framework should enable market discipline in delivering sustainable policies and providing safe assets for the financial sector and safe liabilities for governments;
2016/12/20
Committee: ECON
Amendment 146 #

2016/2247(INI)

Motion for a resolution
Paragraph 3
3. Considers it essential to ensure the comparability of risk-weighted assets across institutions in order to allow for effective supervision; welcomes the work done internationally to streamline the resort to internal models and to re-establish the credibility of internal models, as well as the introduction of a leverage ratio to act as a backstop; recalls, however, that the regulatory changes planned should not result in significantunjustified increases in capital requirements, nor harm the ability of banks to finance the real economy, in particular SMEs;
2016/12/20
Committee: ECON
Amendment 156 #

2016/2247(INI)

Motion for a resolution
Paragraph 4
4. Points out that guidance provided by international fora should be used in order to avoid the risk of regulatory fragmentation; stresses the importance of the role of the Commission, the European Central Bank and the European Banking Authority to engage in the work of the BCBS and provide the European Parliament and the Council with transparent and comprehensive updates on the status of the development of the BCBS discussions; considers that the EU should work on having an appropriate representation in the BCBS and notably for the euro area; calls for a stronger visibility of this role during ECOFIN meetings, as well as enhanced accountability towards the ECON Committee in the European Parliament with a regular de-brief by EU representatives party to the discussions;
2016/12/20
Committee: ECON
Amendment 175 #

2016/2247(INI)

Motion for a resolution
Paragraph 5
5. SNotes that there are very different banking models within the Banking Union but stresses that national options and discretions are hindering the creation of a level playing field between Member States and the comparability of the financial reporting by banks to the public; welcomes the ECB guidance and regulation harmonising the exercise of some of these within the Banking Union; looks forward to the upcoming amendments to the CRR as a means of closing the most significant oneto keep only the ones strictly necessary because of the diversity of banking models;
2016/12/20
Committee: ECON
Amendment 182 #

2016/2247(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that there has been a natural learning phenomenon for all the members of the Supervisory Board since the creation of the SSM to deal with a variety of different business models and entities of different sizes, which needs to be supported and accelerated;
2016/12/20
Committee: ECON
Amendment 199 #

2016/2247(INI)

Motion for a resolution
Paragraph 7
7. Notes that the 'too-big-to-fail' issue still needs to be addressedis being addressed; recalls the words of Mark Carney, Chair of the Financial Stability Board, that agreement on proposals for a common international standard on total loss-absorbing capacity for G-SIBs is a watershed in ending "too big to fail" banks; stresses that these agreements, once implemented, will play important roles in enabling globally systemic banks to be resolved without recourse to public subsidy and without disruption to the wider financial system; notes that TLAC will complement EMIR's mandatory requirement to centrally clear and the capital surcharge for G-SIBs;
2016/12/20
Committee: ECON
Amendment 220 #

2016/2247(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Underlines that the creation of the SSM has been accompanied by an increase of influence for the European Union on the international stage compared to the pre-existing situation;
2016/12/20
Committee: ECON
Amendment 221 #

2016/2247(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Underlines that the separation of the supervisory tasks from monetary policy functions should enable the SSM to take an independent position on all relevant matters, including on potential effects of ECB interest rate targets on the financial position of supervised banks;
2016/12/20
Committee: ECON
Amendment 222 #

2016/2247(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Takes note of the report of the European Court of Auditors on the SSM which stresses the insufficient levels of staffing;
2016/12/20
Committee: ECON
Amendment 230 #

2016/2247(INI)

Motion for a resolution
Paragraph 9
9. Recalls the need to find, in the exercise of supervision, a balance between the need for proportionality and the need for a consistent approach; invites the SSM to reduce as much as possible the supervisory fees; points out that all banks should be subject to an appropriate level of supervision; reminds that an appropriate supervision is key to monitor all risks whatever the size of the banks;
2016/12/20
Committee: ECON
Amendment 236 #

2016/2247(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Underlines that the safety and soundness of a bank cannot be captured by a point-in-time assessment of its balance sheet alone, as they are ensured through dynamic interactions between the bank and the markets, and affected by various elements in the entire economy; underlines therefore that a sound framework for financial stability and growth should be comprehensive and balanced to cover dynamic supervisory practices and not focus merely on static regulation with mainly quantitative aspects;
2016/12/20
Committee: ECON
Amendment 249 #

2016/2247(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Notes that the outcome of the referendum on the UK membership to the EU makes an assessment of the whole European System of Financial Supervision (ESFS), including the voting modalities inside the EBA, necessary;
2016/12/20
Committee: ECON
Amendment 282 #

2016/2247(INI)

Motion for a resolution
Paragraph 10
10. Recalls the need to adhere to State aid rules in the context of bank resolution and reminds that extraordinary public support shall only be of both precautionary and temporary nature, and cannot be used to offset losses that an institution has incurred or is likely to incur in the near future; takes the view that enough flexibility is embedded within the current framework to address specific situations and might be better exploited, in particular in the case of preventive measures involving the use of DGS funds; reminds that a report assessing the continuing need for allowing precautionary recapitalisations and the conditionality attached to such measures was due by 31 December 2015; calls on the Commission to submit such report as soon as possible;
2016/12/20
Committee: ECON
Amendment 298 #

2016/2247(INI)

Motion for a resolution
Paragraph 11
11. Takes note of the differences between the FSB TLAC standard and the MREL; stresses, however, that both standards share the same objective: to make sure that banks have enough regulatory capital and loss-absorbing liabilities to make bail-in an effective instrument in resolution (without causing financial instability and without needing public money); concludes therefore that a holistic approach to loss-absorption can be reached by combining the two; highlights that due consideration should be given to retaining the two criteria of size and risk- weighted assets;
2016/12/20
Committee: ECON
Amendment 306 #

2016/2247(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. calls on the Commission to carefully assess the evolution of the global standard-setting process for the prudential regulation and its effective implementation following the latest political developments, in particular the setting-up of the new American administration;
2016/12/20
Committee: ECON
Amendment 320 #

2016/2247(INI)

Motion for a resolution
Paragraph 13
13. Stresses that it is crucial to harmonise the hierarchy of claims in bank insolvency across Member States in order to make the implementation of the BRRD more consistent and effective; welcomes the Commission's proposal on this subject;
2016/12/20
Committee: ECON
Amendment 341 #

2016/2247(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. reminds that bail-in instruments should only be sold to appropriate investors in the first place which can absorb potential losses without being threatened in their own sound financial standing and considers it fundamental to address the mis-selling of bail-in instruments to retail investors; asks the Commission to carefully assess the EU Investor Protection Framework and to present proposals if necessary;
2016/12/20
Committee: ECON
Amendment 350 #

2016/2247(INI)

Motion for a resolution
Paragraph 18
18. Regrets that the Commission did not allow for more time to assess the implementation of the DGSD before proposing the EDIS and did not conduct a proper impact assessment of the proposal; stands ready, however, to seize the opportunity generated by the proposal to discuss the DGSD and address some of the options and discretions it includes; takes note of the Commission services' non- paper of a supplementary analytical report on the effect of the proposal;
2016/12/20
Committee: ECON
Amendment 374 #

2016/2247(INI)

Motion for a resolution
Paragraph 19
19. Is aware of the potential benefits of an EDIS; is nevertheless of the opinion that risk reduction measures are an indispensable counterparty to its establishment in order to prevent moral hazard, and that the work on such measures should preferably precede risk sharingstart as early as possible;
2016/12/20
Committee: ECON
Amendment 385 #

2016/2247(INI)

Motion for a resolution
Paragraph 20
20. Welcomes a European approach to deposit insurance, which must make it possible to address outstanding DGSD implementation issues and phase in the risk reduction measures; is of the opinion that every final scheme should include enough time to build the trust necessary among all stakeholders and citizens; reminds that protection of deposits is a common concern for all EU citizens;
2016/12/20
Committee: ECON
Amendment 406 #

2016/2247(INI)

Motion for a resolution
Paragraph 22
22. Highlights that Article 114 seems to be anis the appropriate legal basis for the establishment of both the EDIS and the DIF; considers therefore that a recourse to an IGA is not warranted and would create legal uncertainty;
2016/12/20
Committee: ECON
Amendment 9 #

2016/2243(INI)

Motion for a resolution
Citation 18 a (new)
– Having regard to the European Parliament resolution of 26 May 2016 on virtual currencies (2016/2007(INI)),
2017/03/09
Committee: ECON
Amendment 26 #

2016/2243(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas investments in the application of Fintech represent billions of Euros and keep increasing every year;
2017/03/09
Committee: ECON
Amendment 46 #

2016/2243(INI)

Motion for a resolution
Recital E
E. whereas FinTech can lead to considerable benefits, such as faster, cheaper, more transparent, more tailor- made and better financial services for consumers and businesses, and open up many new business opportunities for European entrepreneurs;
2017/03/09
Committee: ECON
Amendment 55 #

2016/2243(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas FinTech can contribute to risk reduction in the financial system by decentralisation and de-concentration of risks, faster clearing and settlement of cash payments and securities trades, and better collateral management and capital optimisation;
2017/03/09
Committee: ECON
Amendment 56 #

2016/2243(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas creating a level-playing field for financial services in the EU is a prerequisite for boosting Fintech in Europe;
2017/03/09
Committee: ECON
Amendment 90 #

2016/2243(INI)

Motion for a resolution
Recital L a (new)
La. whereas the ESAs have started identifying the potential risks and benefits of those technologies; whereas national competent authorities are monitoring these technological developments and have come up with different approaches;
2017/03/09
Committee: ECON
Amendment 166 #

2016/2243(INI)

Motion for a resolution
Paragraph 7
7. Emphasises the importance of supervisors having sufficient technical expertise to adequately scrutinise increasingly complex FinTech services; recognises the necessity of breaking down supervisory silos across sectors to accommodate better manage risks concerning cyber-security and privacy; urges the ESAs as well as the national competent authorities to increase their cooperation with other relevant competent authorities across sectors;
2017/03/09
Committee: ECON
Amendment 184 #

2016/2243(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Commission and the ESAs to monitor and avoid overlaps of regulation, new barriers to entry on the market and national barriers to those services; calls on the Commission to prevent barriers between Member States due to inconsistencies between national regimes;
2017/03/09
Committee: ECON
Amendment 201 #

2016/2243(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Emphasizes the need for clear rules on data ownership, access and transfer; highlights that increasing amounts of data are generated by machines or processes based on emerging technologies, such as machine learning; stresses that the General Data Protection Regulation provides a clear legal framework on personal data but that more legal certainty is needed regarding other categories of data; believes, in this regard, that a clear distinction should be made between raw data and data resulting from further processing;
2017/03/09
Committee: ECON
Amendment 208 #

2016/2243(INI)

Motion for a resolution
Paragraph 11
11. Notes that there are no clear, comprehensive European guidelines for outsourcing data to the cloud with regard to the financial sector; stresses the need for the development of such guidelines; Highlights the benefits that cloud computing can have for consumers and providers of financial services, in terms of cost efficiency, decreased time to market and a better use of ICT resources; notes that there are no clear, comprehensive European guidelines for outsourcing data to the cloud with regard to the financial sector; stresses the need for the development of such guidelines; stresses that such guidelines are necessary to bring agility and speed to cloud adoption; underlines that high standards of data security and consumer protection should be a part of these guidelines; calls on the Commission and the ESAs to study different possibilities in this regard, such as pre-approved contracts between cloud service providers and financial institutions;
2017/03/09
Committee: ECON
Amendment 214 #

2016/2243(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes the necessity of creating more awareness among consumers as regards the value of their personal data; acknowledges that consumers can sell their personal data through re-sharing; underlines that this may lead to economic benefits but can also be used in a discriminatory way; calls on the Commission to investigate the possibility of a European data re-sharing strategy with the aim of putting consumers in control of their data; believes that a clear, consumer-centric approach will increase trust in cloud-based services and stimulate new innovative services offered by diverse actors in the financial value chain, e.g. by using API's or facilitating direct access to data for electronic payments services; asks the Commission to investigate the future potential of Personal Information Management Systems (PIMS) as technical tools for consumers to manage their personal data;
2017/03/09
Committee: ECON
Amendment 257 #

2016/2243(INI)

Motion for a resolution
Paragraph 16
16. Is concerned by the increased use of unpermissioned blockchain applications, in particular Bitcoin, for criminal activities, tax evasion, tax avoidance and money laundering; calls on the Commission to investigate the role of bitcoin mixers in this process; invites the Commission to organise an annual multi-stakeholder conference on this subject;
2017/03/09
Committee: ECON
Amendment 272 #

2016/2243(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Asks the ESAs to identify in which cases targeted- or risk-based authentication can be an alternative to strong authentication; further asks the Commission to investigate whether the strong authentication processes can also be executed by other entities than banks;
2017/03/09
Committee: ECON
Amendment 282 #

2016/2243(INI)

Motion for a resolution
Paragraph 20
20. Calls on the ESAs to develop technology-neutral standards and licences for both know-your-customer techniques and remote identification methods, for example based on biometric criteria;
2017/03/09
Committee: ECON
Amendment 295 #

2016/2243(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the ESAs to partner with private sector players in developing and evaluate innovative technologies that have the potential to safeguard financial stability and increase consumer protection, for instance by mitigating bias in algorithms or by increasing consumer awareness of cyber threats;
2017/03/09
Committee: ECON
Amendment 301 #

2016/2243(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Notes that the increasing use of big data and artificial intelligence presents benefits to consumers but also entails questions concerning consumer protection; stresses that errors or biases that can lead to discrimination and exclusion in these algorithms can potentially cause systemic risk and harm consumers and investors; notes that insurance is a prominent example of a sector where these technologies are increasingly used, e.g. for risk assessment; asks the Commission and the European Supervisory Authorities (ESAs) to investigate discriminatory effects;
2017/03/09
Committee: ECON
Amendment 315 #

2016/2243(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Emphasises that financial education is a prerequisite for raising awareness in society and equipping citizens with the knowledge that is necessary to make sound decisions concerning financial products and services;
2017/03/09
Committee: ECON
Amendment 870 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 2 – paragraph 1 a (new)
At the beginning of their mandate Members of the European Parliament shall sign a solemn declaration stating that they will serve in the general interest of the Union. Failure to comply with this declaration may lead to application of measures in accordance with Rule 166 and 167.
2016/09/27
Committee: AFCO
Amendment 890 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 11 – paragraph 2 – subparagraph 1
Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the basic texts on which the European Union is founded, respect the dignity of Parliament and not compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises. Members shall comply with Parliament's rules on the treatment of confidential information. Members must respect these values and principles for their entire mandates, irrespective of whether or not they are within the Parliament's premises.
2016/09/27
Committee: AFCO
Amendment 997 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 73 a (new)
Rule 73a Negotiations ahead of Parliament's first reading 1. Where a committee has adopted a legislative report pursuant to Rule 49, it may decide, by a majority of its members, to enter into negotiations on the basis of that report. 2. Decisions to enter into negotiations shall be announced at the beginning of the part-session following their adoption in committee. By the end of the day following the announcement in Parliament, one political group or at least one-tenth of the Members may request in writing that a committee decision to enter into negotiations be put to the vote. Parliament shall vote on such requests during the same part-session. If no such request is received by the expiry of the deadline laid down in subparagraph 1, the President shall inform the Parliament that this is the case. If a request is made, the President may, immediately prior to the vote, give the floor to one speaker in favour and to one speaker against. Each speaker may make a statement lasting no more than two minutes. 3. If Parliament rejects the committee decision to enter into negotiations, the draft legislative act and the report of the committee responsible shall be placed on the agenda of the following part-session, and the President shall set a deadline for amendments. Rule 59(1b) shall apply. 4. Negotiations may start at any time after the deadline laid down in the first subparagraph of paragraph 2 has expired without a request for a plenary vote on the decision to enter into negotiations being made. If such a request has been made, negotiations may start at any time after the committee decision to enter into negotiations has been approved in Parliament by a majority of the votes cast.
2016/09/27
Committee: AFCO
Amendment 1032 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 116 – paragraph 3 – subparagraph 1
Parliament shall establish a register of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register, in an open and accessible format to allow for the reuse of content. References to other Parliament documents shall as far as possible be included in the register.
2016/09/27
Committee: AFCO
Amendment 1038 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 117 – paragraph 2 – subparagraph 2
The vote shall be taken by secret broll callot.
2016/09/27
Committee: AFCO
Amendment 1073 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 136
1. three political groups may submit a written declaration of not more than 200 words relating exclusively to a matter falling within the competence of the European Union. The contents of such a declaration may not go beyond the form of a declaration. In particular, it may not call for any legislative action, contain any decision on matters for which specific procedures and competences are laid down in these Rules of Procedure or deal with the subject of ongoing proceedings in Parliament. 2. further shall be subject to a reasoned decision by the President pursuant to paragraph 1 in any given case. Written declarations shall be published in the official languages on Parliament's website and distributed electronically to all Members. They shall be entered, with the names of the signatories, in an electronic register. This register shall be public and shall be accessible through Parliament's website. Hard copies of written declarations with signatures will be also kept by the President. 3. The signature of any Member may be added to a declaration entered in the electronic register. It may be withdrawn at any time before the end of a period of three months from the entry of the declaration in the register. In the event of such a withdrawal the Member concerned shall not be permitted to add his or her signature again to the declaration. 4. three months from its being entered in the register, a declaration is signed by a majority of Parliament's component Members, the President shall notify Parliament accordingly. Without binding Parliament, the declaration shall be published inRule 136 deleted Written declarations At least 10 Members from at least The authorisation to proceed Where, at the end of a period of The procedure shall be closed by Where the minutes with the names of its signatories. 5. the forwarding to the addressees, at the end of the part-session, of the declaration, together with the names of the signatories. 6. adopted declaration has been addressed do not inform Parliament about the intended follow-up within three months from its receipt, the matter shall, at the request of one of the authors of the declaration, be placed on the agenda of a subsequent meeting of the committee responsible. 7. remained in the register for over three months and is not signed by at least one half of the component Members of Parliament shall lapse, without any possibility of that three-month period being extended.stitutions to which the A written declaration that has
2016/09/27
Committee: AFCO
Amendment 1149 #

2016/2114(REG)

Parliament's Rules of Procedure
Rule 204 – paragraph 1
At the first committee meeting after the election of committee members pursuant to Rule 199, the committee shall elect a bureau consisting of a chair and of vice- chairs who shall be elected in separate ballots. The number of vice-chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; it shall not be permissible to have an all male or all female bureau or for all of the Vice Presidents to come from the same Member State.
2016/09/27
Committee: AFCO
Amendment 57 #

2016/2101(INI)

Motion for a resolution
Subheading 1
Europe’s investment challenges in the context of the global economic slowdown
2016/08/30
Committee: ECON
Amendment 69 #

2016/2101(INI)

Motion for a resolution
Paragraph 2
2. Stresses that the challenges in the EU are linked to the deteriorating international environment and the divergences in the economic and social performance achieved in different parts of the Union due to a lack of structural reforms as well as the short-comings in completing the single market, which deprive the EU of its full growth potential;
2016/08/30
Committee: ECON
Amendment 110 #

2016/2101(INI)

Motion for a resolution
Paragraph 5
5. Fully supports the efforts made to ensure greater national ownership in the formulation and implementation of CSRs as an ongoing reform process; recalls that CSRs are endorsed by the Heads of State and Government and adopted by the EU Finance Ministers; believes that to achieve greater national ownership CSRs should become part of a legally binding convergence code;
2016/08/30
Committee: ECON
Amendment 119 #

2016/2101(INI)

Motion for a resolution
Paragraph 6
6. Stresses that Europe's long economic crisis has shown that there is a strong need to focus on public andstructural reforms, public investment where Member States have fiscal space and regulatory initiatives that incentivise greater private investment, in order to enhance the EU's competitiveness;
2016/08/30
Committee: ECON
Amendment 146 #

2016/2101(INI)

Motion for a resolution
Paragraph 7
7. Underlines that the still-too-high unemployment rates show that the capacity to create jobs in most Member States is still limited; emphasises that further action is needed, in consultation with social partners and in accordance with national practices, to make labour markets more inclusive overall; believes that the capacity to create jobs would increase if the EU had a single European labour market;
2016/08/30
Committee: ECON
Amendment 162 #

2016/2101(INI)

Motion for a resolution
Paragraph 8
8. Expresses disquiet about the current ‘liquidity trap’ the EU economy seems to have fallen into, with interest rates at the Zero Lower Bound (ZLB), weak demand prospects, and restricted investment and spending by households and companies, not least in surplus countries; due to a lack of confidence in the macro-economic environment and reform fatigue in certain Member States;
2016/08/30
Committee: ECON
Amendment 216 #

2016/2101(INI)

Motion for a resolution
Paragraph 11
11. Underlines the fact that investment has so far lagged and failed to lead to sustainable and inclusive growth in the EU because measures to improve the business environment are missing and that under the current circumstances, monetary policy alone is unlikely to bring about recovery, even though the rules made necessary by banking union have imposed more stringent financial criteria on banks; considers that a coordinated fiscal expansion is also needed in the EU, therefore, in line with the rules of the Stability and Growth Pact and its flexibility clauses, in order to place emphasis on public and private investment;
2016/08/30
Committee: ECON
Amendment 240 #

2016/2101(INI)

Motion for a resolution
Paragraph 12
12. Emphasises the need to improve the EU’s overall capacity to create and sustain jobs and thus to tackle high levels of unemployment, while considering that migration could play an important role in compensating for the negative effects of the ageing population; emphasises, however, that this alone cannot be the main response to address structural demographic, labour market or fiscal challenges but that it should be complemented with efficient public expenditure, especially in high-quality social and environmentally sustainable growth enhancing investments;
2016/08/30
Committee: ECON
Amendment 253 #

2016/2101(INI)

Motion for a resolution
Paragraph 13
13. Highlights the importance of resilient labour markets where an appropriate trade-off is maintained between economic, social and human costs and where wages are in line with productivity in accordance with the EU values of solidarity and subsidiarity, with a focus on the upgrading of educational systems and vocational education;
2016/08/30
Committee: ECON
Amendment 283 #

2016/2101(INI)

Motion for a resolution
Paragraph 15
15. Deeply deplores the fact that with regard to the Europe 2020 strategy, the biggest failure to be recorded concerns the goal of reducing the scale of poverty in the Union, as not only will the goal not be reached, but poverty will in fact have increased; notes however for the first time fighting poverty was part of an EU strategy; considers that fighting poverty should be included right from the conception of all EU policies;
2016/08/30
Committee: ECON
Amendment 317 #

2016/2101(INI)

Motion for a resolution
Paragraph 17a (new)
17a. Requests a report from the Commission no later than three months after the adoption of this resolution, which lists all CSRs and Single Market laws by Member State that are not fully implemented and details concrete measures the Commission will undertake to ensure full implementation as well as a timetable by which full implementation will be achieved;
2016/08/30
Committee: ECON
Amendment 22 #

2016/2100(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the European Union, under the leadership of the Commission, should promote "a competition culture" in the EU and world-wide;
2016/10/24
Committee: ECON
Amendment 110 #

2016/2100(INI)

Motion for a resolution
Paragraph 4
4. Stresses the need to reinforce the single market through a fiscal unionby addressing divergent tax policies through the EU which impact upon competition, ranging from discriminatory national tax regimes to regimes favouring particular financial instruments, and calls for the treinitiatives to be amendedtaken accordingly;
2016/10/24
Committee: ECON
Amendment 158 #

2016/2100(INI)

Motion for a resolution
Paragraph 7
7. Stresses that the sharing economy is offering EU consumers numerous innovative products and services; reiterates that beside the taxation and security aspects, the Commission should also examine its competition aspects; underlines that national or EU rules must not impose the same conditions for different kinds of services; stresses that this type of economy, already established several years ago, raises competition issues in several Member States and they should be resolved at the EU level, for reasons of legal consistency;
2016/10/24
Committee: ECON
Amendment 210 #

2016/2100(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the overhaul of the state aid rules; reminds the Member States, nonetheless, that the aim was to better target aid measures towards long-term economic growth, and quality job creation and social cohesionwhile respecting fair competition between all market stakeholders; calls on the Commission to scrutinize any last minute transaction made by a Member State without regard to political pressure applied by the latter; also reminds the Commission of the need to prevent certain governments from acting in bad faith as they do when misspending EU funds;
2016/10/24
Committee: ECON
Amendment 225 #

2016/2100(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Commission to put in place a guidance document on the notion of state aid in the light of important changes in case law and enforcement practice as soon as possible in order to ensure legal certainty and predictability;
2016/10/24
Committee: ECON
Amendment 230 #

2016/2100(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Calls on the Commission to push within international competition organisations, such as the International Competition Network, for a harmonised definition of state aid;
2016/10/24
Committee: ECON
Amendment 363 #

2016/2100(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Recalls its resolution of 21 November 2013 on the European Defence Technological and Industrial Base which states that an operational Common Security and Defence Policy needs a strong European defence technological and industrial base (EDTIB), constituting a key element for Europe's capacity to ensure the security of its citizens, protect its values and promote its interests; points out that the European defence sector is a major source of growth and innovation, key features for stability and security; believes that the establishment and development of a competitive EDTIB should be part of the strategic priorities of the EU; calls on the Commission to examine the impact of competition rules on the establishment of the EDTIB and how they can promote it;
2016/10/24
Committee: ECON
Amendment 9 #

2016/2056(INI)

Motion for a resolution
Recital A
A. whereas the dynamics of retail financial services markets in many Member States, featuring a combination of high concentration and inadequate competition, tend to result in limited choice and low value for money, as well as huge discrepancies between Member States;
2016/06/29
Committee: ECON
Amendment 14 #

2016/2056(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the market for retail financial services in Europe remains highly fragmented, requiring urgent action to unlock the full potential of the Single Market;
2016/06/29
Committee: ECON
Amendment 15 #

2016/2056(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas a level playing field for new market entrants must be ensured and innovation facilitated;
2016/06/29
Committee: ECON
Amendment 17 #

2016/2056(INI)

Motion for a resolution
Recital B
B. whereas tha genuine fEurther development of theopean internal market for retail financial services market at EU level would not only facilitate important and fruitful cross-border activity, but would also open up greater scope for healthy competition at national levelhas huge potential for providing consumers with better financial services and products, more choice and improved access to financial services and products, and lower rates;
2016/06/29
Committee: ECON
Amendment 23 #

2016/2056(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas we should remain ambitious in breaking down national barriers and curbing the existing protectionist tendencies that block innovation in retail financial services; whereas a true single market will make the EU attractive as the hub for innovative financial services;
2016/06/29
Committee: ECON
Amendment 28 #

2016/2056(INI)

Motion for a resolution
Recital C
C. whereas the rapid transformation, brought about by digitisation and fintech innovation not only, creates new and often better financial products for consumers and contributes to financial inclusion, but also involves key challenges in terms of security, data protection, consumer protection and taxation;
2016/06/29
Committee: ECON
Amendment 41 #

2016/2056(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas for the first quarter of 2016 the fintech funding in Europe accounts to only 348m$, compared to 1.8b$ in North America and 2.6b$ in China, which demonstrates the urgent need for quick mentality shift and adequate regulatory response to technological developments in order for Europe to become a lead market for innovation;
2016/06/29
Committee: ECON
Amendment 42 #

2016/2056(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas fiscal, regulatory and technical barriers must be urgently eliminated with a view to unlocking the full potential of the single European market for retail financial services;
2016/06/29
Committee: ECON
Amendment 43 #

2016/2056(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas multinational companies with branches in several Member States can circumvent these barriers more easily than small companies;
2016/06/29
Committee: ECON
Amendment 44 #

2016/2056(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas disruptive technologies present regulatory challenges, but also offer great opportunities for innovation and an impulse to economic growth and jobs;
2016/06/29
Committee: ECON
Amendment 54 #

2016/2056(INI)

Motion for a resolution
Paragraph 2
2. Finds the Green Paper initiative to be timely, particularly given the need to work proactively at all stages of the policymaking process in order to be able to track and steerrespond quickly and adequately to developments in such an innovative and fast-changing market;
2016/06/29
Committee: ECON
Amendment 60 #

2016/2056(INI)

Motion for a resolution
Paragraph 3
3. Underlines the importance of promoting positive developments in this market in retail finance by creating and maintaining a level playing field where between incumbent operators and new entrants, withe rules are as technology- and business- model-neutral as is feasible; points out, that such an approach is necessary, not least in order to give new and innovative SMEs a fair chance;
2016/06/29
Committee: ECON
Amendment 115 #

2016/2056(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Points out that a wide range of EU laws relevant for the single market in retail financial services has already been adopted, such as PSD2, the MIFs regulation, PAD, AMLD, the Mortgage Credit directive, IDD, IORP2; calls for full and harmonised implementation and application, avoiding duplication and overlaps;
2016/06/29
Committee: ECON
Amendment 121 #

2016/2056(INI)

Motion for a resolution
Paragraph 8
8. Stresses, not least given that otherwise positive digitisation processes could trigger exclusionary tendencies, that the financial inclusion perspective should always be kept in mind, and that measures should be taken to ensure that all consumers have access to at least the most essential financial services;
2016/06/29
Committee: ECON
Amendment 167 #

2016/2056(INI)

Motion for a resolution
Paragraph 11
11. Observes that the EU-level capacity for data collection and analysis in this field will probably need to be strengthened; notes that it will be necessary to give some of the most promisingsome of the ideas in the Green Paper a broad and adequatemay require further empirical underpinning before it is possible to move on to legislative processes;
2016/06/29
Committee: ECON
Amendment 212 #

2016/2056(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission, inter alia with reference to the PAD, to map the rules, practices and non-practices that apply to domestic and cross-border switching in all parts of the European retail financial services market, and to present a coherent and comprehensive strategy for making EU wide cross-border switching easier for the consumer;
2016/06/29
Committee: ECON
Amendment 221 #

2016/2056(INI)

Motion for a resolution
Paragraph 17
17. Urges the Commission and the Member States, by working carefully on the implementation of the eIDAS Regulation and the new anti-money laundering legislation, inter alia, to create – as should be entirely feasible – a general environment in which robust security requirements are combined with fair and simple procedures for consumers to identify themselves, and facilitate EU wide cross-border digital onboarding;
2016/06/29
Committee: ECON
Amendment 240 #

2016/2056(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Urges the Commission to put forward proposals for harmonisation and cross border applicability of the assessment procedure for creditworthiness conducted by the lender;
2016/06/29
Committee: ECON
Amendment 242 #

2016/2056(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Urges the Commission to clarify the use of the general good provisions, which currently could be vicariously used by Member States to block new products into their market, and to empower the ESAs to become an active mediator between Member States when there are countering interpretations on its use;
2016/06/29
Committee: ECON
Amendment 246 #

2016/2056(INI)

Motion for a resolution
Paragraph 18 d (new)
18d. Urges the Commission to map the obstacles to internal market in retail finance stemming from different consumer protection, taxation and labour law provisions across Member States; furthermore, urges the Commission following the assessment to come up with concrete proposals for eliminating identified barriers by July, 2017;
2016/06/29
Committee: ECON
Amendment 247 #

2016/2056(INI)

Motion for a resolution
Paragraph 18 e (new)
18e. Urges the Commission to investigate into possibility of introducing a 29th regime for retail financial products in the absence of harmonised national rules; furthermore calls on the Commission to look into the possibility of creating standardised pan-European financial products based on PEPP-model;
2016/06/29
Committee: ECON
Amendment 248 #

2016/2056(INI)

Motion for a resolution
Paragraph 18 f (new)
18f. Urges the Commission to use regulations instead of directives when formulating legislative proposals in the field of retail financial services in order to avoid 'gold plating' and protectionist national tendencies, foreclosing national markets to the detriment of both businesses and consumers;
2016/06/29
Committee: ECON
Amendment 254 #

2016/2056(INI)

Motion for a resolution
Paragraph 19
19. Asks the Commission to study further the benefits and costs of guaranteeingoptions for domestic and cross- border portability in various parts of the retail financial services market (for example as regards insurance products and bank account numbers)and come up with concrete proposals until the beginning of 2018;
2016/06/29
Committee: ECON
Amendment 269 #

2016/2056(INI)

Motion for a resolution
Paragraph 20
20. Encourages the Commission, while ensuring financial stability, to move forward in creating a stronger single market for mortgages and consumer credit, but to do so carefully, balancing privacy and data protection concerns withproviding improved cross-border access to better- coordinated credit databases and making surein full compliance with privacy and data protection rules, and ensuring that credit- related incidents whereby consumers have been unreasonably exposed to currency exchange risks are not repeated;
2016/06/29
Committee: ECON
Amendment 8 #

2016/2055(INI)

Draft opinion
Paragraph 3
3. Regrets that not allof the nine EU institutions and bodies have adopted the ruleonly the Commission and the Court of Auditors have so far adopted rules to protect whistle-blowers;
2016/10/06
Committee: AFCO
Amendment 16 #

2016/2055(INI)

Draft opinion
Paragraph 4
4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, the capacity and efficiency of which should be improved; but that, however, the results they deliver are not satisfactory across the EU; anti- corruption rules are not always vigorously enforced, systemic problems are not tackled effectively enough, and the relevant institutions do not always have sufficient capacity to enforce the rules; declared intentions are still too distant from concrete results, and genuine political will to eradicate corruption often appears to be missing;
2016/10/06
Committee: AFCO
Amendment 31 #

2016/2055(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers without undermining Member State competences;
2016/10/06
Committee: AFCO
Amendment 32 #

2016/2055(INI)

Draft opinion
Paragraph 6 a (new)
6a. Encourages the Commission to study best-practices from existing whistle- blower programmes which are already in place in other countries around the world; draws attention to the fact that some existing schemes provide financial rewards (for example a percentage of the sanctions ordered) to whistle-blowers; considers that although this needs to be carefully managed to prevent potential abuse, these financial rewards could provide important income to whistle- blowers who have lost their job as a result of whistleblowing;
2016/10/06
Committee: AFCO
Amendment 34 #

2016/2055(INI)

Draft opinion
Paragraph 7
7. Regrets the Commission’s decision to withdraw a chapter on the EU institutions from the report on corruption in the Member States;deleted
2016/10/06
Committee: AFCO
Amendment 37 #

2016/2055(INI)

Draft opinion
Paragraph 8
8. Calls on the Commissall EU institutions to address the Ombudsman’s request and to encouragefor all EU institutions and bodies to adopt internal rules on whistle-blowing.; reiterates the Parliament’s determination to do so;
2016/10/06
Committee: AFCO
Amendment 27 #

2016/2052(INI)

Draft opinion
Paragraph 3
3. Calls on the VP/HR and the Member States to use the full potential of the TEU, especially Article 44 on the implementation of a CSDP task by a group of Member States and Articles 42(6) and 46 on permanent structured cooperation with regard to a faster and more flexible deployment of CSDP missions and operations; welcomes the activation of Article 42(7) on the mutual defence clause;
2016/09/07
Committee: AFCO
Amendment 44 #

2016/2052(INI)

Draft opinion
Paragraph 5
5. Calls for the establishment of the Council of Defence Ministers format and the setting up of a permanent strategic civil-military headquarters with a permanent military operational component; underlines the role of the European Defence Agency in capability development; calls on the EDA to fully exploit its Treaty mandate;
2016/09/07
Committee: AFCO
Amendment 60 #

2016/2052(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Stresses that for the Union to strengthen the defence of the EU territory, as a pillar within NATO, which remains the cornerstone of the European security architecture, and to enable the Union to act autonomously in operations abroad, mainly with a view to stabilising its neighbourhood, the Treaties should provide for the possibility of establishing a European Defence Union;
2016/09/07
Committee: AFCO
Amendment 17 #

2016/2038(INI)

Motion for a resolution
Recital A
A. whereas the 'Panama Papers' and 'LuxLeaks' scandals, as revealed by the International Consortium of Investigative Journalists (ICIJ), have shown the urgent need for the EU and its Member States to fight tax evasion and avoidance and act for increased cooperation and transparency in order to re-establish tax justicefairness for citizens and fair competition between companies;
2016/06/02
Committee: TAX2
Amendment 30 #

2016/2038(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas within a budgetary framework of mutual control it is unacceptable for resources to be generated by taxes due in a Member State to actually be generated in another Member State through unfair and aggressive tax planning;
2016/06/02
Committee: TAX2
Amendment 56 #

2016/2038(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the European Parliament insisted on introducing measures to safeguard tax revenues in the « 2-pack » (article 9 of regulation EU No 472/2013 of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability);
2016/06/02
Committee: TAX2
Amendment 187 #

2016/2038(INI)

Motion for a resolution
Paragraph 3
3. Urges the Commission to come forward with a proposal for a common corporate consolidated tax base (CCCTB) which would provide a comprehensive solution to harmful tax practices within the Union; believes that the consolidation of the CCCTB is essential and is becoming increasingly urgent; calls on the Member States to promptly reach an agreement on this and to swiftly implement it; recalls the words of the Commission that « the existence of common rules for computing the tax base would render tax competition more transparent in the EU because this would inevitably focus on the levels of (statutory) tax rates. »1a and thus would not intend to erase any fair tax competition; __________________ 1aCommission document accompanying the Public consultation on the Re-launch of the Common Consolidated Corporate Tax Base (CCCTB) http://ec.europa.eu/taxation_customs/reso urces/documents/taxation/company_tax/f airer_corporate_taxation/2015-10- 08_consult-docmt-ccctb.pdf
2016/06/02
Committee: TAX2
Amendment 268 #

2016/2038(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to come up as soon as possible with a common Union list of uncooperative jurisdictions (i.e. a 'blacklist of tax havens'), based on sound and objective criteria, including full implementation of OECD recommendations, BEPS actions and Automatic Exchange of Information standards, and welcomes the Commission's intention to reach an agreement on such a list within the next six months; calls on the Member States to endorse that agreement by the end of 2016; considers that this assessment should also include the countries which are OECD members;
2016/06/02
Committee: TAX2
Amendment 362 #

2016/2038(INI)

Motion for a resolution
Paragraph 24
24. Stresses the importance of clear separation between legal, tax advising services and auditing services within accountancy firms; asks the Commission to study the possibility of revising the Accounting Directive and Regulation to this effect;
2016/06/02
Committee: TAX2
Amendment 392 #

2016/2038(INI)

Motion for a resolution
Paragraph 30
30. Urges the Commission to propose as soon as possible a clear legal framework to guarantee the effective protection of whistleblowers, as well as of journalists and other persons connected with the press who aid and facilitate them; calls on the Member States to revise their current legislation with a view to preventing prosecution in such cases; considers that a credible and efficient framework should also prevent cases of unduly and detrimentally using whistleblowing as a strategy to deliberately damage the credibility of a company;
2016/06/02
Committee: TAX2
Amendment 423 #

2016/2038(INI)

Motion for a resolution
Paragraph 34
34. Uacknowledges that the Code of Conduct Group enabled some improvements towards a more fair EU tax competition but urges the Member States to reform, as soon as possible, the criteria and governance aspects of the Code of Conduct Group, in order to increase its transparency and accountability and ensure the strong involvement of Parliament;
2016/06/02
Committee: TAX2
Amendment 463 #

2016/2038(INI)

Motion for a resolution
Paragraph 38 a (new)
38a. Calls on the European Commission and the Member States to object to Third Countries' legislation having extraterritorial effects unless the EU has been offered to apply a similar mechanism in these jurisdictions;
2016/06/02
Committee: TAX2
Amendment 482 #

2016/2038(INI)

Motion for a resolution
Paragraph 42
42. Calls on the OECD to start work on an ambitious BEPS II, to be based primarily on minimum standards and concrete objectives for implementation; considers that monitoring implementation is the new challenge ahead; stresses that the coordination between the Commission and the Member States which are members of the Financial Action Task Force (FATF) should be improved in order for the EU to make its voice heard;
2016/06/02
Committee: TAX2
Amendment 2 #

2016/2033(INI)

Motion for a resolution
Citation 4 a (new)
– having regards to the Report on the future of VAT (2011/2082(INI)),
2016/06/02
Committee: ECON
Amendment 3 #

2016/2033(INI)

Motion for a resolution
Citation 4 b (new)
– having regard to the proposal for a directive on the fight against fraud to the Union's financial interests by means of criminal law (COM(2012)0363),
2016/06/02
Committee: ECON
Amendment 4 #

2016/2033(INI)

Motion for a resolution
Recital A
A. whereas the Single Market, established on 1 January 1993, has abolished border controls for intra- community trade and whereas, under Articles 402-404 of the current VAT Directive, the European Union VAT arrangements in place since 1993 are of a provisional and transitional nature only;
2016/06/02
Committee: ECON
Amendment 12 #

2016/2033(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas, according to a COM study 1a , MTIC fraud (Missing Trader Intra-Community fraud, commonly called carousel fraud) alone is responsible for a VAT revenue loss of approximately €45 billion to €53 billion annually; __________________ 1a http://ec.europa.eu/taxation_customs/reso urces/documents/common/publications/st udies/ey_study_destination_principle.pdf
2016/06/02
Committee: ECON
Amendment 15 #

2016/2033(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas according to Europol estimates, between EUR 40 billion and EUR 60 billion of the annual VAT revenue losses of Member States are caused by organised crime groups, and 2 % of those groups are behind 80 % of missing trader intra-Community fraud;
2016/06/02
Committee: ECON
Amendment 17 #

2016/2033(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas several Member States under the coordination of Eurojust and Europol have recently conducted three successful and consecutive Vertigo Operations which uncovered in total a 320 million EUR carousel fraud scheme;
2016/06/02
Committee: ECON
Amendment 19 #

2016/2033(INI)

Motion for a resolution
Recital F
F. whereas the high administrative costs incurred under the present VAT system, especially with regard to cross- border transactions, could be significantly reduced for small and medium-sized enterprises in particular through the necessary reformsimplification measures;
2016/06/02
Committee: ECON
Amendment 30 #

2016/2033(INI)

Motion for a resolution
Recital H
H. whereas, although unanimity in the European Council is required for the definitive VAT system to be established, 23 years after the introduction of the VAT Directive, the so called ‘standstill derogations’ are outdated, in particular with regards to the modern digital economy;
2016/06/02
Committee: ECON
Amendment 58 #

2016/2033(INI)

Motion for a resolution
Paragraph 7
7. Notes that it is essential for the Member States to adopt a coordinated tax policy and improve the speed and frequency of their exchange information concerning intra community trade in order to combat tax evasion and tax avoidance more effectively and finally close the existing ‘VAT gap’;
2016/06/02
Committee: ECON
Amendment 67 #

2016/2033(INI)

Motion for a resolution
Paragraph 8
8. Takes the view that cooperation between the Member State tax authorities has been inadequate in the past and the activities of Eurofisc have to date failed achieve any satisfactory results; is of the view that the information exchanged through Eurofisc should be better targeted to fraud;
2016/06/02
Committee: ECON
Amendment 72 #

2016/2033(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Notes that the data provided to Eurofisc by national authorities is not filtered in a way which transfers solely suspect cases and thus hinders the optimal functioning of the group; supports the initiative of several Member States that argue for the setting up of national risk analysis tools which would permit filtering of data and allow Eurofisc to quickly react against cross-border VAT fraud;
2016/06/02
Committee: ECON
Amendment 76 #

2016/2033(INI)

Motion for a resolution
Paragraph 9
9. Recalls that MS largely depend on information received from other MS concerning intra EU trade in order to be able to collect VAT in their territory; Calls on the authorities responsible to exchange VAT and excise information in particular and to use all available technical meansreliable and user-friendly IT means, such as electronic standard forms, to record cross-border deliveries of goods and services to end- users;
2016/06/02
Committee: ECON
Amendment 80 #

2016/2033(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Believes that the lack of comparable data and of adequate relevant indicators to measure Member States' performance affects the effectiveness of the EU system to tackle intra EU VAT fraud and thus calls on tax authorities to establish, in coordination with the COM, a common system to estimate the size of intra EU fraud and then set targets to reduce it, as this would enable the evaluation of MS's performances in tackling this issue;
2016/06/02
Committee: ECON
Amendment 196 #

2016/2033(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Takes the view that the Commission should closely monitor the performance of national tax authorities;
2016/06/02
Committee: ECON
Amendment 197 #

2016/2033(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Welcomes the Commission announcement to expand the mini-one- stop-shop into a fully-fledged one-stop- shop; notes the paramount importance for it to be user-friendly and equally efficient in all 28 Member States; notes that creating a one-stop-shop would alleviate administrative burdens preventing companies from operating across borders and reduce costs for SMEs1c; __________________ 1c COM(2016) 0148 final
2016/06/02
Committee: ECON
Amendment 204 #

2016/2033(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Notes the Court of Justice of the European Union ruling in C-97/09[ASE1] ; takes note of the 28 different thresholds for exemption from VAT tax; takes note of the ensuing financial difficulties faced by SMEs and micro-businesses which would be exempted under their national systems; calls on the Commission to conduct further studies on establishing a threshold for the exemption to pay VAT for micro-businesses;
2016/06/02
Committee: ECON
Amendment 210 #

2016/2033(INI)

Motion for a resolution
Paragraph 25
25. Welcomes the Commission's announcement that it will submit an SME package for VAT in 2017; recommends however that the implementation of the new framework should be gradual as it will trigger additional administrative costs (IT infrastructure, VAT processes);
2016/06/02
Committee: ECON
Amendment 213 #

2016/2033(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Notes the complex filing system that imposes a high burden on SMEs and thus discourages cross-border trade; calls on the Commission to include in its SME package the proposal of a unified VAT filing, harmonised reporting requirements and deadlines;
2016/06/02
Committee: ECON
Amendment 220 #

2016/2033(INI)

Motion for a resolution
Paragraph 26
26. Calls in the short term for a comprehensive internet portal for companies and end-users to find, clearly and easily, information on the VAT rates applicable to individual products and services in the Member States; further calls on the Commission to provide guidelines to national tax authorities on the classification of transactions with respect to the applied VAT rate in order to reduce compliance costs and legal disputes;
2016/06/02
Committee: ECON
Amendment 129 #

2016/2032(INI)

Motion for a resolution
Paragraph 12
12. Emphasises the importance of the SME Supporting Factor for maintaining and increasing bank lending to SMEs; calls on the Commission to examine the appropriate calibration of the factor, including size, threshold and possible interactions with other regulatory requirements; is concerned about the possible negative impact of itsthe SME Supporting Factor removal; calls on the Commission to explore the possibility of making ithis factor permanent;
2016/04/06
Committee: ECON
Amendment 145 #

2016/2032(INI)

Motion for a resolution
Paragraph 16
16. Highlights the benefits of third-party guarantees in loan agreements for entrepreneurs; demands that greater account be taken of these third-party guarantees when it comes to the evaluation of credit ratings as well as prudential rules and supervisory practices;
2016/04/06
Committee: ECON
Amendment 208 #

2016/2032(INI)

Motion for a resolution
Paragraph 24
24. Highlights the need to foster innovation through lending platforms; encourages banks to regard the use of such innovative technologies as an opportunity; stresses that alternative funding sources like crowdfunding or peer-to-peer lending offer solutions for start-ups and innovative SMEs in particular; welcomes the Commission’s assessment of the existing framework for crowdfunding; calls on the Commission to explore the need for, and potential of, a harmonised EU framework; recalls that for the system to be efficient both the SME and the lender must be fully aware of the potential risks/opportunities linked to the funding mechanism;
2016/04/06
Committee: ECON
Amendment 242 #

2016/2032(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls for an EU corporate taxation framework which would be fair for all companies, irrespective of their size, and simpler, in order to avoid creating loopholes and rewarding complex tax strategies by companies;
2016/04/06
Committee: ECON
Amendment 244 #

2016/2032(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Believes that the EIB/EIF should step up their efforts to provide SMEs with expertise to access funding and tools to facilitate contacts with investors such as, inter alia, the European Angels Fund; believes that the EIB/EIF should explore direct funding to innovative and risky projects that prudent regulatory requirements render difficult for private actors to finance; stresses however that the range of such projects and the funding made available by the EIB/EIF should not endanger its credit rating;
2016/04/06
Committee: ECON
Amendment 4 #

2016/2009(INI)

Draft opinion
Paragraph 1
1. Recalls that ‘human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities’ are the values on which the EU is founded, as stated in Article 2 TEU; underlines the utmost importance of ensuring, strengthening and promoting full respect for these values both at Union and Member State level; reminds that Human Rights are universal and indivisible;
2016/10/12
Committee: AFCO
Amendment 16 #

2016/2009(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Recalls that article 23 of regulation 1303/2013 (measures linking effectiveness of ESI Funds to sound economic governance) provides for the suspension of ESI Funds if a Member State fails to take action concerning the violation of the Stability and Growth Pact (Excessive Deficit Procedure); believes a fortiori that the EU should link the payment of all EU funds with the respect of European values, as laid out in the Treaties;
2016/10/12
Committee: AFCO
Amendment 19 #

2016/2009(INI)

Draft opinion
Paragraph 3
3. Highlights the importance of ensuring full respect for the Charter of Fundamental Rights throughout the whole legislative process; welcomes in this regard the Better Regulation Agreement, and draws attention to the significant role of comprehensive impact assessments, as well as of close cooperation between the EU institutions and Member States; reminds that effective and accurate implementation of EU law is primordial to protect the values of the Union, and this protection is essential for the credibility of the EU as a whole;
2016/10/12
Committee: AFCO
Amendment 32 #

2016/2009(INI)

Draft opinion
Paragraph 5
5. Takes note of the activation by the Commission for the first time ever of the new Framework to strengthen the Rule of Law; recommends a thorough evaluation of its functioning and results with a view to improving its effectiveness if necessary; points out the report with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)) that is being discussed in the European Parliament;
2016/10/12
Committee: AFCO
Amendment 40 #

2016/2009(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls on the European Union Agency for Fundamental Rights to be mandated to produce a biennial report on the extent to which Europe's most deprived citizens have access to all fundamental rights, as laid out in the Charter of Fundamental Rights of the European Union;
2016/10/12
Committee: AFCO
Amendment 41 #

2016/2009(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Believes that collaboration and support between Member States and EU agencies needs to be enhanced and the exchange of information has to be more consistent and effective; believes the mandate of the EU Fundamental Rights Agency should be empowered;
2016/10/12
Committee: AFCO
Amendment 45 #

2016/2008(INI)

Motion for a resolution
Recital D a (new)
Da. whereas open government data has the potential to foster economic growth, increase public sector efficiencies and improve transparency and accountability of European and national institutions;
2016/11/08
Committee: AFCO
Amendment 51 #

2016/2008(INI)

Motion for a resolution
Recital E
E. whereas e-democracy could represent an alternative form of engagement capable of providing a solution to public disaffection with traditional politics, and could help promote communication, dialogue and grassroots support for EU policies;
2016/11/08
Committee: AFCO
Amendment 70 #

2016/2008(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the purpose of e- democracy is to facilitate democratic practice, not to establish an alternative democratic system or to promote a certain type of democracy; points out that e- democracy alone does not assure political participation, and that a non-digital environment to pursue political participation of citizens must also be addressed in a harmonized way with e- democracy;
2016/11/08
Committee: AFCO
Amendment 106 #

2016/2008(INI)

Motion for a resolution
Paragraph 6
6. RecallsHighlights the positive example of the first successful European example of online voting which took place in Estonia in its legally binding elections in 2005 as a positive example, but maintains that, calls on other Member States to be ambitious ifn the take-up of e-voting across Europe is to be successful, it will be necessary to assess the costs, benefits and implications of different or divergent technological approachescreation of secure online voting systems; believes that significant advances could be made through the sharing of best-practice and research;
2016/11/08
Committee: AFCO
Amendment 108 #

2016/2008(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Underlines that in order for the take-up of e-voting across Europe to be wide-spread, it will be necessary to assess the costs, benefits and implications of different or divergent technological approaches, to build on existing interoperable solutions, and to provide citizens with guarantees about the security of the e-voting system; underlines that e- voting is complementary to and does not replace the system of ballot boxes and ballot papers;
2016/11/08
Committee: AFCO
Amendment 133 #

2016/2008(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Member States and the EU to provide educational and technical means for improving ICT competences and digital access for all EU citizens, irrespective of their age, in order to bridge the digital divide (e-inclusion), for the ultimate benefit of democracy; encourages the Member States to integrate the acquisition of digital skills into school curricula and life-long learning programmes, supports the development of networks with universities and educational institutions to promote research on and implementation of new participation tools;
2016/11/08
Committee: AFCO
Amendment 143 #

2016/2008(INI)

Motion for a resolution
Paragraph 9
9. Urges the Member States and the EU to delivergive citizens the possibility to fully access the digital environment to be able to actively participate in politics, as is their right; this will be enhanced by delivering affordable and high-speed digital infrastructure, particularly in peripheral regions and rural and economically less developed areas, and to ensureing that equality between citizens is guaranteed; recommends that public libraries and schools be appropriately resourced and that IT infrastructure be accessible to all citizens;
2016/11/08
Committee: AFCO
Amendment 178 #

2016/2008(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to expand and develop e-participation in the Digital Single Market Strategy; calls in particular on the Commission to integrate the use of the D-CENT platform, as a EU funded project providing technological tools for participative democracy, based on security, privacy, and openness, in the consultation processes;
2016/11/08
Committee: AFCO
Amendment 185 #

2016/2008(INI)

Motion for a resolution
Paragraph 14
14. Stresses that the development of e- administration and open data should be a priority for Member States and the EU institutions and welcomes the Commission’s ambitious and comprehensive e-government action plan, for which proper national implementation will be key; Considers that more efforts should be done to implement open data strategies in both European institutions and Member states including the increase and faster release of data into the public domain, better quality of the data, and easy access to data in machine readable formats and without restriction to its use and reuse;
2016/11/08
Committee: AFCO
Amendment 191 #

2016/2008(INI)

Motion for a resolution
Paragraph 15
15. Calls for more cooperation at EU level and recommends the sharing of best practices for e-democracy projects as a way to move towards a form of democracy that is more participatory and deliberative and that responds to the requests and interests of the public; callsstresses that trust is key to ensure the take up of e-democracy solutions; calls therefore on the Commission to provide an assessment of possible interoperable models of online voting for consideration by the Member States by the end of 2017, in time for the next European elections in 2019based on secure and encrypted digital identity and digital signature, in accordance with the EIDAS regulation that provides an EU framework on electronic identification and trust services, in time for the next European elections in 2019, including responses to citizens' legitimate concerns about cyber security, data protection and voter anonymity;
2016/11/08
Committee: AFCO
Amendment 202 #

2016/2008(INI)

Motion for a resolution
Paragraph 16
16. Stresses the need to protect privacy and personal data when using e-democracy tools, therefore to further develop the use of digital services based on key enablers such as a secure and encrypted digital identity according to the EIDAS regulation, and to foster a more secure internet environment, particularly with regard to information and data security, the setting- up of secure digital public registers and the validation of electronic signatures in order to prevent fraudulent multiple interactions; underlines that security issues must not become a deterrent to the inclusion of individuals and groups in democratic processes;
2016/11/08
Committee: AFCO
Amendment 72 #

2016/0276(COD)

Proposal for a regulation
Recital 2
(2) That positive momentum should be maintained and efforts need to be continued to bring investment back to its long-term sustainable trend. The mechanisms of the Investment Plan work and should be reinforced to continue the mobilisation of private investments in sectors important to Europe's future and where market failures or sub-optimal investment situations remain. To foster growth three dimensions complementing each others and necessary to each others need to be worked on in parallel: a framework to finance investment and innovation (including CMU), structural reforms and a common policy mix.
2017/03/27
Committee: BUDGECON
Amendment 136 #

2016/0276(COD)

Proposal for a regulation
Recital 9
(9) Additionality, a key feature of the EFSI, should be strengthened in the selection of projects. In particular, operations should only be eligible for EFSI support if they address clearly identified market failures or sub-optimal investment situations. The purpose of additionality should be limited to ensuring that selected projects are those that could not have otherwise obtained financing on the market due to a higher risk profile. Operations in infrastructure under the Infrastructure and Innovation Window linking two or more Member States, including e-infrastructure, should be considered additional given their inherent difficulty and their high added value for the Union.
2017/03/27
Committee: BUDGECON
Amendment 145 #

2016/0276(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) The EIB has also the responsibility to supervise and do a cost-benefit analysis also those projects between 10 and 50 million euros to avoid misuses of the EFSI fund at national level.
2017/03/27
Committee: BUDGECON
Amendment 175 #

2016/0276(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) It is appropriate to encourage partnerships with National Promotional Banks or Institutions including for setting up Investment Platforms and, where, on a case by case basis, the National Promotional Banks or Institutions could select projects thereafter.
2017/03/27
Committee: BUDGECON
Amendment 197 #

2016/0276(COD)

Proposal for a regulation
Recital 16 a (new)
(16 a) Investment platforms participating in EFSI shall be able to work in a cross- border basis in order to increase their efficiency and to reduce geographical imbalances.
2017/03/27
Committee: BUDGECON
Amendment 198 #

2016/0276(COD)

Proposal for a regulation
Recital 16 b (new)
(16 b) In the framework of a partnership between the Investment Committee and an investment platform, a national promotional bank or an institution, the Investment Committee may at any time supervise the project selection procedure applied in order to guarantee the respect of this Regulation.
2017/03/27
Committee: BUDGECON
Amendment 214 #

2016/0276(COD)

Proposal for a regulation
Recital 18 a (new)
(18 a) The annual country-by-country reports of EFSI will include the exact funding that every project has required.
2017/03/27
Committee: BUDGECON
Amendment 222 #

2016/0276(COD)

Proposal for a regulation
Recital 21
(21) The European Investment Advisory Hub (EIAH) should be enhanced and its activities should focuaddress any shortcomings oin needs not covered adequately under current arrangementhe implementation of the EFSI. It should play an instrumental role in empowering project promoters to initiate and develop viable, sustainable and quality projects. It should pay particular attention to supporting the preparation of projects involving two or more Member States or regions and projects that contribute to achieving the objectives of COP21. Notwithstanding its objective to build upon existing advisory services of the EIB and the Commission, so to act as a single technical advisory hub for project financing within the Union, tThe EIAH should also contribute actively to the objective of sectorial and geographical diversification of the EFSI and proactively support the EIB where needed in originating projects and launching originating projectsperations. The EIAH activities should be complementary to the existing structures and overlaps to the services in the Member States should be avoided. It should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of Union funding with the EFSI. It is considered necessary for the EIAH to establish a strong local presence, where needed, to leverage local knowledge about the EFSI and better consider local needs. The EIAH should aim to conclude agreements with national and regional promotional banks or institutions in each Member State. To achieve those objectives, the staff capacity of the EIAH should be commensurate to the tasks that it is called upon to undertake.
2017/03/27
Committee: BUDGECON
Amendment 236 #

2016/0276(COD)

Proposal for a regulation
Recital 21 a (new)
(21 a) Blending with existing funds, in order to promote the investment goals of this Regulation, should be encouraged as it would enable providing adequate concessionalities in the financing terms and conditions.
2017/03/27
Committee: BUDGECON
Amendment 257 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 2015/1017
Article 4 – paragraph 2 – point a – point iv
(a a) in point (a), point (iv) is replaced by the following: ‘(iv) the pricing of EFSI backed operations under the EU guarantee, which is to be in line with the EIB's general pricing policy, taking into account that EFSI's aim is to address market failures and gaps, to stimulate adequate additional geographic and regional balance of EFSI backed operations, and therefore an integrated and streamlined approach to the aim of growth, jobs and investments is necessary;’;
2017/03/27
Committee: BUDGECON
Amendment 259 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 2017/1017
Article 4 – paragraph 2 – point b – point iii
(a a) in point (b), point (iii) is replaced by the following: ‘(iii) a provision that the Steering Board is to take decisions by consensus; in the event that a consensus cannot be reached, the Steering Board shall decide by a three-fourths majority of its component members;’;
2017/03/27
Committee: BUDGECON
Amendment 267 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 2015/117
Article 5 – paragraph 1 – subparagraph 2
The projects supported by the EFSI, while striving to create employment and sustainable growth,(1 a) In Article 5(1), the second subparagraph is replaced by the following: ‘The projects supported by the EFSI shall be considered to provide additionality if they carry a risk corresponding to EIB special activities, as defined in Article 16 of the EIB Statute and by the credit risk policy guidelines of the EIB., and if they comply with the additionality criterion, with the criteria set out in Articles 6 and 9 of this Regulation.’
2017/03/27
Committee: BUDGECON
Amendment 274 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2015/1017
Article 5 – paragraph 1 – subparagraph 3
To better address market failures or sub- optimal investment situations, whereby ensuring complementarity and thus avoiding crowding out vis-a-vis participants in the same market, EIB special activities supported by the EFSI shall typically have features such as subordination, participation in risk-sharing instruments, cross-border characteristics, exposure to specific risks or other identifiable aspects as further described in Annex II in order to ensure additionality.
2017/03/27
Committee: BUDGECON
Amendment 303 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 2015/1017
Article 6 – paragraph 2 a (new)
(3 a) In Article 6, a new paragraph 2a is inserted: ‘2a. When a national court of audit or an independent council or any anti- corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI. The Steering Board should take into account the opinions expressed and shall take a decision by consensus.’
2017/03/27
Committee: BUDGECON
Amendment 306 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point -a (new)
Regulation (EU) No 2015/1017
Article 7 – paragraph 3 – subparagraph 1
(-a) in paragraph 3, the first subparagraph is replaced by the following: ‘The Steering Board shall comprise four members: three appointed by the Commission and one by the EIB. Before the official nomination, the European Parliament shall be kept informed of the candidates, respecting strict confidentiality requirements. The Steering Board shall elect a Chairperson from among its members for a fixed term of three years, renewable once. The Steering Board shall strive to take its decisions by consensus. In the event that a consensus cannot be reached, the Steering Board shall decide by a three-fourths majority of its component members.’;
2017/03/27
Committee: BUDGECON
Amendment 311 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point -a (new)
Regulation (EU) No 2015/1017
Article 7 – paragraph 3 – subparagraph 2
The(-a) in Article 7(3), the second subparagraph is replaced by the following: ‘The detailed minutes of Steering Board meetings shall be published as soon as they have been approved by the Steering Board. The European Parliament shall be immediately notified of the publication.’
2017/03/27
Committee: BUDGECON
Amendment 315 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point -a a (new)
Regulation (EU) No 2015/1017
Article 7 – paragraph 5 – subparagraph 2
(-aa) in paragraph 5, the second subparagraph is replaced by the following: ‘The Managing Ddirector shall be assisted by a deputy managing director. The Managing Director shall report every quarter on the activities of the EFSI to the Steering Board.Both can, on their request, participate in the meetings of the Steering Board as non- voting members.’;
2017/03/27
Committee: BUDGECON
Amendment 317 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point -a b (new)Regulation (EU) No 2015/1017

Article 7 – paragraph 5 a (new)
(-ab) In article 7, a new paragraph 5a is inserted: ‘5a. The overall composition of the Steering Board, Managing Director and Deputy Managing Director shall strive for ensuring gender balance.’;
2017/03/27
Committee: BUDGECON
Amendment 341 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a (new)
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – introductory part
(-a) In article 9, paragraph 2, introductory part is replaced by the following : The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Aarticle 7(7) or for funding or guarantees to the EIF in order to conduct EIB financing and investment operations in accordance with Article 11(3) and in accordance with the guidance of the Steering Board. Cooperation of the EIB with NPB/NPIs should be encouraged to leverage the deep market knowledge of these entities with the increased financing capacity of the EIB provide by the EU guarantee. The operations concerned shall be consistent with Union policies and support any of the following general objectives:.
2017/03/27
Committee: BUDGECON
Amendment 343 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a (new)
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – point b – point ii
(-a) in Article 9, paragraph 2, point (b), point (ii) is amended as follows: ‘(ii) energy efficiency and energy savings (with a focus on reducing demand through demand-side management and the refurbishment of buildings including prisons);
2017/03/27
Committee: BUDGECON
Amendment 357 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – points h a (new) and h b (new)
(a a) in paragraph 2 the following points (ha) and (hb) are added: ‘(ha) defence : a) development of joint capacities;’ b) research; (hb) cybersecurity.’
2017/03/27
Committee: BUDGECON
Amendment 371 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – subparagraph 1 a
The EIB shall target that at least 40 % of EFSI financing under the infrastructure and innovation window supports projects with components that contribute to climate action, in line with the COP21 commitments. The Steering Board shall provide detailed guidance to thatis end.
2017/03/27
Committee: BUDGECON
Amendment 373 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b a (new)
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – subparagraph 1 b (new)
(b a) in paragraph 2, the following subparagraph is added: ‘The EIB shall use the EU guarantee for supporting investment platforms or funds and national promotional banks or institutions that invest in operations meeting the requirements of this Regulation (eligible vehicles), after approval by the Investment Committee. In order to strengthen its objective, the Investment Committee shall encourage cooperation with cross-border investment platforms.’
2017/03/27
Committee: BUDGECON
Amendment 424 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point ii
Regulation (EU) No 2015/1017
Article 14 – paragraph 2 – point e
(e) providing pro-active support on the establishment of investment platforms, with a view also to supporting smaller scale projects;
2017/03/27
Committee: BUDGECON
Amendment 438 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d a (new)
(ii a) the following paragraph is inserted after paragraph 6: ‘6a. In order to actively ensure a wide geographic outreach of the advisory services across the Union and to successfully leverage local knowledge about the EFSI, the local presence of the EIAH shall be established, where needed and taking into account existing support schemes, with a view to providing tangible, pro-active, tailor-made assistance on the ground.'.
2017/03/27
Committee: BUDGECON
Amendment 468 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 2015/1017
Article 21 – paragraph 2 – subparagraph 1
(11 a) In Article 21, the first subparagraph of paragraph 2 is replaced by the following: ‘2. OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 1 1), Council Regulation (Euratom, EC) No 2185/96 ( 2 2) and Council Regulation (EC, Euratom) No 2988/95 ( 3 3) in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial interests of the Union in connection with any financing and investment operations covered by this Regulation. OLAF may transmit any information obtained in the course of its investigations to the competent authorities of the Member States concerned. The competent authorities shall follow up on the information transmitted, unless not compatible with the national legal framework.’
2017/03/27
Committee: BUDGECON
Amendment 475 #

2016/0276(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) No 2015/1017
Article 24 – paragraph 2
(13 a) In Article 24, the second paragraph is replaced by the following: ‘2. The Commission shall assess the operations referred to in paragraph 1 and, where they comply with the eligibility criteria set out in Article 6, the general objectives set out in Article 9(2) and Annex II, Annex II, and the principles of operations' own merit, and without any geographic or sectorial allocation, decide that the EU guarantee coverage extends to them.
2017/03/27
Committee: BUDGECON
Amendment 492 #

2016/0276(COD)

Proposal for a regulation
Annex II – point 1 b a (new)
Regulation (EU) No 2015/1017
Annex II – section 2 – point 2 a (new)
(b a) A new point is added: (2 a) The EIB shall use the EU guarantee for supporting investment platforms or funds and national promotional banks or institutions that invest in operations meeting the requirements of this Regulation (eligible vehicles), after approval by the Investment Committee. In order to avoid geographical concentration, Investment Committee shall encourage cooperation with cross-border investment platforms.
2017/03/27
Committee: BUDGECON
Amendment 496 #

2016/0276(COD)

Proposal for a regulation
Annex II – point 3
Regulation (EU) No 2015/1017
Annex II – section 5 – paragraph 1 a (new)
The scoreboard shall be made public as soon as an operation under the EU guarantee is signed, with the exclusion of commercially sensitive information; a compilation of the scoreboard results shall be presented to MEPs in an annual basis.
2017/03/27
Committee: BUDGECON
Amendment 77 #

2016/0208(COD)

Proposal for a directive
Recital 13 a (new)
(13a) The creation of a an European FIU assisting and supporting Member States’ FIU in their tasks would be an efficient and cost effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.
2016/12/19
Committee: ECONLIBE
Amendment 154 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2015/849/EU
Article 3 – point 6 – point a – point i – subparagraph 2 a (new)
For the purposes of Article 13(1)(b) and Article 30 of this Directive, the indication of ownership or control set out in the second subparagraph is reduced to 10% whenever the legal entity is a Passive Non-Financial Entity as defined in Directive 2011/16/EU.;
2016/12/19
Committee: ECONLIBE
Amendment 159 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2015/849/EU
Article 3 – point 6 – point a – point ii
(aa) in point (6) (a), point (ii) is replaced by the following: ""(ii) if, after having exhausted all possible means and, the entity fails to provided there are no grounds for suspicion, no person under point (i) is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the identity of any natural person who meets the criteria set out in point (i), the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point (i). Where there is any doubt that the person(s) identified are the beneficial owner(s), a record of that doubt shall be made. In addition, obliged entities shall identify and verify the identity of the relevant natural person(s) who holds the position of senior managing official(s), the obliged , who shall be identitfies shall keep records of the actions taken in order to identify the beneficial ownership under point (i) and this point;" d as the "senior manager" (and not as "beneficial owner"), and record details of all legal owners of the entity;";" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481016627325&uri=CELEX:32015L0849)
2016/12/19
Committee: ECONLIBE
Amendment 216 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2015/849/EU
Article 13 – paragraph 1 – point a a (new)
(4a) in Article 13(1), the following point is inserted: (aa) screening the customer's and beneficial owner's names against the EU sanction list;
2016/12/19
Committee: ECONLIBE
Amendment 218 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
(4a) The following Article 13a is inserted: Article 13a. By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU and Member State's, lists of persons, groups, and entities subject to sanctions.
2016/12/19
Committee: ECONLIBE
Amendment 258 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)
(-a) in paragraph 1, the following subparagraph is added: 'Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting.
2016/12/19
Committee: ECONLIBE
Amendment 266 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 4
(9a) Paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current." over time. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. Obliged entities shall report any discrepancy they find between the beneficial ownership information contained in the central registers and the beneficial ownership information collected when performing their due diligence procedures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
2016/12/19
Committee: ECONLIBE
Amendment 274 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2015/849/EU
Article 30 – paragraph 5 a (new)
(aa) the following paragraph 5a is inserted: '5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.'
2016/12/19
Committee: ECONLIBE
Amendment 280 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2015/849/EU
Article 30 – paragraph 8 – subparagraph 1 a (new)
(ba) in paragraph 8, the following subparagraph is added : "Before entering into a new customer relationship with a corporate or other legal entity subject to the registration of beneficial ownership information, the obliged entities shall collect proof of that registration"
2016/12/19
Committee: ECONLIBE
Amendment 287 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1
In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals not exceeding 12 months to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register.
2016/12/19
Committee: ECONLIBE
Amendment 314 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be publicly accessible to any person or organisation that can demonstrate a legitimate interest. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purpose of this paragraph, access to the information on beneficial ownership shall be in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.
2016/12/19
Committee: ECONLIBE
Amendment 357 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 32 a – paragraph 1
1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC ands well as bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
2016/12/19
Committee: ECONLIBE
Amendment 365 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 32 a – paragraph 3 a (new)
(3a) Member States may introduce exemptions from the obligations referred to in paragraphs 1-3 regarding passive bank accounts. For the purpose of this paragraph, 'passive bank account' means a bank account with a balance of no more than EUR 5000 to and from which no payments, excluding interest payments and other normal service fees charged by the service provider, has been made during the past 36 months.
2016/12/19
Committee: ECONLIBE
Amendment 400 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Directive 2015/849/EU
Chapter VI – Section 3 – Subsection IV (new)
(18a) in Section 3 of Chapter VI, the following subsection IV is added: Subsection IV Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that would coordinate, assist and support Member Sates FIUs. This European FIU shall lend support national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own case analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIU shall automatically exchange information with this European FIU when investigating on a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs powers and obstacles to cooperation in order to design a well-balanced and tailor made system of cooperation.
2016/12/19
Committee: ECONLIBE
Amendment 401 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)
Directive 2015/849/EU
Article 51 b (new)
(18b) the following Article 51b is inserted: Article 51b 1. Member States shall ensure their FIU can cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that their FIU is able to make inquiries on behalf of foreign counterparts where this could be relevant to an analysis of financial transactions. At a minimum, inquiries should include: – Searching its own databases, which would include information related to suspicious transaction reports. – Searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information
2016/12/19
Committee: ECONLIBE
Amendment 412 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
(21a) in Section 3 of Chapter VI, the following subsection is inserted : Subsection IIIa International Cooperation Article 57a 1. Member State should ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities, provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member state shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.
2016/12/19
Committee: ECONLIBE
Amendment 450 #

2016/0208(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
Directive 2009/101/EC
Article 7 b – paragraph 3
3. Member States shall ensure that the beneficial ownership information referred to in paragraph 1 of this Article shall also be made publicly available through the system of interconnection of registers referred to in Article 4a(2), in accordance with data protection rules and open data standards, as defined in Directive 2003/98/EC Article 2(7), and subject to online registration.
2016/12/19
Committee: ECONLIBE
Amendment 42 #

2016/0107(COD)

Proposal for a directive
Recital 1
(1) Transparency is essential for ensuring the well-functioning of the Single Market. In recent years, the challenge posed by corporate income tax avoidance has increased considerably and has become a major focus of concern within the Union and globally. The European Council in its conclusions of 18 December 2014 acknowledged the urgent need to advance efforts in the fight against tax avoidance both at global and Union level. The Commission in its communications entitled ‘Commission Work Programme 2016 - No time for business as usual’16 and ‘Commission Work Programme 2015 - A New Start’17 identified as a priority the need to move to a system whereby the country in which profits are generated is also the country of taxation. The Commission also identified as a priority the need to respond to oEur soopean cietiezens’ call for fairness and tax transparency. transparency and therefore act as a reference model for other countries. It is essential that transparency take into account reciprocity with competitors. __________________ 16 COM(2015) 610 final of 27 October 2015. 17 COM(2014) 910 final of 16 December 2014.
2017/03/21
Committee: ECONJURI
Amendment 49 #

2016/0107(COD)

Proposal for a directive
Recital 2
(2) The European Parliament in its resolution of 16 December 2015 on bringing transparency, coordination and convergence to corporate tax policies in the Union18 acknowledged that increased transparency in the area of corporate taxation can improve tax collection, make the work of tax authorities more efficient and, ensure increased public trust and confidence in tax systems and governments and improve investment decision-making based on more accurate risk profiles of companies. __________________ 18 2015/2010(INL)
2017/03/21
Committee: ECONJURI
Amendment 73 #

2016/0107(COD)

Proposal for a directive
Recital 5
(5) Enhanced transparency and public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the Union is an essential element to further foster corporate responsibility, to contribute to the welfare through taxes, to promote fairer tax competition within the Union through a better informed public debate and to restore public trust in the fairness of the national tax systems. Such public scrutiny can be achieved by means of a report on income tax information, irrespective of where the ultimate parent undertaking of the multinational group is established.
2017/03/21
Committee: ECONJURI
Amendment 94 #

2016/0107(COD)

Proposal for a directive
Recital 9
(9) In order to ensure a level of detail that enables citizens to better assess the contribution of multinational undertakings to welfare in each Member State, theonly key information, which does not act as an obstacle towards the undertaking's competitiveness, should be broken down by Member State. Moreover, information concerning the operations of multinational enterprises should also be shown with a high level of detail as regards certain tax jurisdictions which pose particular challenges. For all other third country operations, the information should be given in an aggregate number. in order to ensure the proportionality of this proposal and its reasonable feasibility.
2017/03/21
Committee: ECONJURI
Amendment 99 #

2016/0107(COD)

Proposal for a directive
Recital 11
(11) To ensure that cases of non- compliance are disclosed to the public, statutory auditor(s) or audit firm(s) should check whether the report on income tax information has been submitted and presented in accordance with the requirements of this Directive and made accessible on the relevant undertaking’s website or on the website of an affiliated undertaking. Cases of infringements by undertakings and branches to the reporting on income tax information, giving rise to penalties by Member States, in conformity with Article 51 of Directive 2013/34/EU, should be reported in a public registry managed by the European Commission.
2017/03/21
Committee: ECONJURI
Amendment 125 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 1 – subparagraph 2
The report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the website of the undertaking on the date of its publication in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
2017/03/21
Committee: ECONJURI
Amendment 143 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 3 – subparagraph 2
The report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the date of its publication on the website of the subsidiary undertaking or on the website of an affiliated undertaking in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
2017/03/21
Committee: ECONJURI
Amendment 150 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 b – paragraph 4 – subparagraph 2
The report on income tax information shall be published in a common template available in an open data format and made accessible to the public on the date of its publication on the website of the branch or on the website of an affiliated undertaking in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
2017/03/21
Committee: ECONJURI
Amendment 223 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 a (new)
3a. Member States shall allow non- listed branches or subsidiaries controlled by an ultimate parent undertaking organised under the laws of a third tax jurisdiction outside the Union, other than a tax haven jurisdiction, to not publicly disclose information under this Article if 80 per cent or more of the group's activities are carried out in one tax jurisdiction, outside the Union and not a tax haven, and in relation to one business line only.
2017/03/21
Committee: ECONJURI
Amendment 229 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 b (new)
3b. Member States may allow information required to be disclosed pursuant to this Article to be omitted when its nature is such that it would be seriously prejudicial to the commercial position of the undertakings to which it relates, including when only a single affiliated undertaking operates in a tax jurisdiction which is not listed in the common Union list of certain tax jurisdictions drawn up pursuant to Article 48g. Any such omission shall be disclosed in the report, and shall require prior authorisation from the competent authority. Member States shall justify to the Commission their decision to exempt with regard to the disclosure of one or more required items of information.
2017/03/21
Committee: ECONJURI
Amendment 234 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 5
5. The report on income tax information shall be published in a common template available in an open data format and made accessible on the website in at least one of the official languages of the Union. On the same date, the undertaking shall also file the report in a public registry managed by the European Commission.
2017/03/21
Committee: ECONJURI
Amendment 260 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 i – paragraph 1
The Commission shall report on the compliance with and the impact of the reporting obligations set out in Articles 48a to 48f. The report shall include an evaluation of whether the report on income tax information delivers appropriate and proportionate results, and assess cost- benefits of lowering the consolidated net turnover threshold beyond which undertakings and branches are required to report on income tax information as well as evaluating the possible necessity to take further complementary measures, taking into account the need to ensure a sufficient level of transparency and, the need for preserving and ensuring a competitive environment for undertakings and private investment.
2017/03/21
Committee: ECONJURI
Amendment 265 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 i a (new)
Article 48ia Common template for the report The Commission shall, by means of implementing acts, lay down the common template to which Article 48b(1), (3), (4) and (6) and Article 48c(5) refer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 50(2).
2017/03/21
Committee: ECONJURI
Amendment 268 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2013/34/EU
Article 51 – paragraph 1
Member States shall provide for penalties app(3a) in Article 51, paragraph 1 is replaced by the following: Member States shall ensure that undertakings are held licable tofor the infringements of the national provisions adopted in accordance with this Directive and shall take all the measures necessary to ensure that thosepursuant to this Directive. Without prejudice to the right of the Member States to impose criminal penalties, Member States shall designate or establish competent authorities to adopt appropriate administrative measures and impose administrative penalties for the infringement by undertakings of national provisions adopted for the purpose of transposing this Directive. Member States shall ensure that those administrative measures and penalties are applied and enforced. The penalties provided for shall be effective, proportionate and dissuasive.’ administrative measures and penalties shall be effective, proportionate and dissuasive. Member States shall provide the Commission with the names and other details of the competent authorities responsible for adopting and imposing administrative measures and penalties pursuant to the second paragraph. The competent authorities shall submit an annual report to the Commission on their activity in monitoring the application of this Directive.’ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1489418875325&uri=CELEX:32013L0034)
2017/03/21
Committee: ECONJURI
Amendment 42 #

2016/0011(CNS)

Draft legislative resolution
Paragraph 2 a (new)
2a. Calls on the Commission to publish an ambitious proposal for a Common Consolidated Corporate Tax Base, as soon as possible, and for the legislative branch to conclude negotiations on this crucial dossier as quickly as possible;
2016/04/18
Committee: ECON
Amendment 72 #

2016/0011(CNS)

Proposal for a directive
Recital 6 a (new)
(4a) Due regard should be had to the European Parliament legislative resolution of 19 April 2012 on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB),
2016/04/18
Committee: ECON
Amendment 97 #

2016/0011(CNS)

Proposal for a directive
Recital 11 a (new)
(11a) A Union-wide definition and an exhaustive 'black list' should be drawn up of the tax havens and countries, including those in the Union, which distort competition by granting favourable tax arrangements. The criterion of 10 Member States having identified a country as a non-cooperative tax jurisdiction used in annex I of the communication "A fair and efficient corporate tax system in the European Union" is too restrictive.
2016/04/18
Committee: ECON
Amendment 101 #

2016/0011(CNS)

Proposal for a directive
Recital 14
(14) Considering that a key objective of this Directive is to improve the resilience of the internal market as a whole against cross-border tax avoidance practices, this cannot be sufficiently achieved by the Member States acting individually. National corporate tax systems are disparate and independent action by Member States would only replicate the existing fragmentation of the internal market in direct taxation. It would thus allow inefficiencies and distortions to persist in the interaction of distinct national measures. The result would be lack of coordination. Rather, by reason of the fact that much inefficiency in the internal market primarily gives rise to problems of a cross-border nature, remedial measures should be adopted at Union level. It is therefore critical to adopt solutions that function for the internal market as a whole and this can be better achieved at Union level. Thus, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. By setting a minimum level of protection for the internal market, this Directive only aims to achieve the essential minimum degree of coordination within the Union for the purpose of materialising its objectives. However, overhauling the legal framework for tax in order to address practices which erode the tax base by means of regulation would have made it possible to secure a better outcome as regards guaranteeing equal conditions throughout the internal market.
2016/04/18
Committee: ECON
Amendment 102 #

2016/0011(CNS)

Proposal for a directive
Recital 14 a (new)
(14a) The Commission should carry out a cost-benefit analysis and assess the possible impact of high levels of tax on the repatriation of capital from third countries with low tax rates.
2016/04/18
Committee: ECON
Amendment 103 #

2016/0011(CNS)

Proposal for a directive
Recital 14 a (new)
(14a) All trade agreements and economic partnership agreements to which the Union is party should include provisions on the promotion of good governance in tax matters, with the aim of increasing transparency and of combating harmful tax practises.
2016/04/18
Committee: ECON
Amendment 104 #

2016/0011(CNS)

Proposal for a directive
Recital 14 b (new)
(14b) In order to provide a higher level of protection against tax avoidance practices, Member States could target arrangements which have been put in place for the main purpose or one of the main purposes of obtaining an unfair tax advantage. Member States should apply penalties as foreseen by their national law and inform to the European Commission about the penalty systems that they implement.
2016/04/18
Committee: ECON
Amendment 107 #

2016/0011(CNS)

Proposal for a directive
Recital 15
(15) The Commission should evaluate the implementation of this Directive three years after its entry into force and report to the European Parliament and the Council thereon. Member States should communicate to the Commission all information necessary for this evaluation,
2016/04/18
Committee: ECON
Amendment 120 #

2016/0011(CNS)

Proposal for a directive
Article 4 – paragraph 2
2. Exceeding borrowing costs shall be deductible in the tax year in which they are incurred only up to 310 percent of the taxpayer's earnings before interest, tax, depreciation and amortisation (EBITDA) or up to an amount of EUR 1 000 000, whichever is higher. The EBITDA shall be calculated by adding back to taxable income the tax-adjusted amounts for net interest expenses and other costs equivalent to interest as well as the tax-adjusted amounts for depreciation and amortisation.
2016/04/18
Committee: ECON
Amendment 138 #

2016/0011(CNS)

Proposal for a directive
Article 4 – paragraph 4 a (new)
4a. The EBITDA carried forward should be limited to 4 consecutive fiscal years.
2016/04/18
Committee: ECON
Amendment 147 #

2016/0011(CNS)

Proposal for a directive
Article 4 – paragraph 6
6. Paragraphs 2 to 5 shall not apply to financial undertakings. The Commission must review the scope of this article if and when an agreement is reached at the OECD level, when the Commission assess that the OECD agreement can be implemented at Union level.
2016/04/18
Committee: ECON
Amendment 168 #

2016/0011(CNS)

Proposal for a directive
Article 5 – paragraph 4 a (new)
4a. The European Commission shall monitor that the differences of the legal interest across Member States do not constitute an unfair tax competition between Member States.
2016/04/18
Committee: ECON
Amendment 195 #

2016/0011(CNS)

Proposal for a directive
Article 7 – paragraph 3 a (new)
3a. Member States shall allocate adequate staff, expertise and budget resources to their national tax administrations and tax audit staff, as well as resources for the training of tax administration staff focusing on cross-border cooperation on tax fraud and avoidance, and on automatic exchange of information in order to ensure full implementation of this Directive.
2016/04/18
Committee: ECON
Amendment 198 #

2016/0011(CNS)

Proposal for a directive
Article 7 – paragraph 3 b (new)
3b. The European Commission shall establish a European tax inspectorate as a strong tool against base erosion and profit shifting that will evaluate and advice on the implementation of this Directive, and on its enforcement and compliance across Member States.
2016/04/18
Committee: ECON
Amendment 223 #

2016/0011(CNS)

Proposal for a directive
Article 10 a (new)
Article 10a Effective tax rate 1. The Commission shall develop a common method of calculation of the effective tax rate in each Member State, so as to make it possible to draw up a comparative table of the effective tax rates across the Member States.
2016/04/18
Committee: ECON
Amendment 227 #

2016/0011(CNS)

Proposal for a directive
Article 10 b (new)
Article 10b Non-cooperative tax jurisdictions 1. The Commission shall develop an exhaustive 'black list' of the tax havens and countries, which distort competition by granting favourable tax arrangements. The Commission will elaborate a proposal on how to define a non-cooperative tax jurisdiction and propose ways to stop this practice.
2016/04/18
Committee: ECON
Amendment 228 #

2016/0011(CNS)

Proposal for a directive
Article 10 c (new)
Article 10c Good governance in tax matters 1. The Commission shall include provisions on the promotion of good governance in tax matters, with the aim of increasing transparency and of combating harmful tax practises, in international trade agreements and economic partnership agreements to which the European Union is party.
2016/04/18
Committee: ECON
Amendment 229 #

2016/0011(CNS)

Proposal for a directive
Article 10 d (new)
Article 10d Penalties 1. In order to provide for a higher level of protection against tax avoidance practices, Member States could target arrangements which have been put in place for the main purpose, or one of the main purposes of obtaining an unfair tax advantage. Member States shall apply penalties to the undertakings that infringe the rules laid down in this Directive as foreseen by their national law. 2. Member States shall inform the European Commission about the penalties that they intend to implement and the type of penalty when transposing this Directive into national law.
2016/04/18
Committee: ECON
Amendment 231 #

2016/0011(CNS)

Proposal for a directive
Article 11 – paragraph 1
1. The Commission shall evaluate the implementation of this Directive three years after its entry into force and report to the European Parliament and the Council thereon.
2016/04/18
Committee: ECON
Amendment 14 #

2016/0010(CNS)

Proposal for a directive
Recital 2
(2) As Multi National Enterprise (MNE) Groups are active in different countries, they have the possibility of engaging in aggressive tax planning practices that are not available for domestic companies. When MNEs do so, purely domestic companies, normusually small and medium- sized enterprises (SMEs) may be particularly affected as their tax burden is higher than that of MNE Groups. That in turn causes distortion of competition to the detriment of SMEs. On the other hand, all Member States may suffer revenue losses and there is the risk of unfair competition to attract MNE Groups by offering them further tax benefits. There is therefore a problem for the properSuch a race to the bottom hampers the proper functioning of the Internal Market. According to Article 3 of the Treaty on the Functioning of the European Union (TFEU), it is the Commission's role to establish the competition rules necessary for the functioning of the Iinternal Mmarket.
2016/03/22
Committee: ECON
Amendment 19 #

2016/0010(CNS)

Proposal for a directive
Recital 3
(3) Union tax authorities need comprehensive and relevant information on MNE Groups regarding their structure, transfer pricing policy and internal transactions in and outside the EU. That information will enable the tax authorities to react to harmful tax practices through changes in the legislation or adequate risk assessments and tax audits, and to identify whether companies have engaged in practices that have the effect of artificially shifting substantial amounts of income into tax-advantaged environments, thus reducing the tax base of other countries.
2016/03/22
Committee: ECON
Amendment 36 #

2016/0010(CNS)

Proposal for a directive
Recital 6
(6) In the country-by-country report, MNEs Groups should provide annually and for each tax jurisdiction in which they do business the amount of revenuewhich exceed two of three thresholds, namely, a turnover of EUR 40 million, total assets of EUR 20 million and 250 employees, should provide annually and for each tax jurisdiction (including jurisdictions in and outside the Union) in which they have an activity, the name of the company concerned, nature of activities and geographical location; the amount of revenue, the amount of public subsidies received, profit before income tax and income tax paid and accrued. MNE Groups should also report number of their employees, stated capital, retained earnings and tangible assets in each tax jurisdiction. Finally, MNE Groups should identify each entity within the group doing business in a particular tax jurisdiction and should provide an indication of the nature of the business activities each entity engages in.
2016/03/22
Committee: ECON
Amendment 44 #

2016/0010(CNS)

Proposal for a directive
Recital 8 a (new)
(8a) In order to properly monitor the country-by-country reporting obligation and ensure that the internal market is not distorted, Member States should communicate the country-by-country report to the Commission on a confidential basis. The Commission should take all appropriate measures to protect that sensitive information.
2016/03/22
Committee: ECON
Amendment 51 #

2016/0010(CNS)

Proposal for a directive
Recital 11
(11) As regards exchange of information between Member States, Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC already provides for the mandatory automatic exchange of information in a number of fields. Its scope should be enlarged to provide for the mandatory automatic exchange of country- by-country reports between Member States, and with the Commission, on a confidential basis.
2016/03/22
Committee: ECON
Amendment 93 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2
2. The competent authority of a Member State where the Country-by-Country Report was received pursuant to paragraph 1 shall, by means of automatic exchange, as soon as possible and at the latest within one month of reception, communicate the report to any other Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment within the deadline laid down in paragraph 4.
2016/03/22
Committee: ECON
Amendment 119 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 23 – paragraph 3
3. Member States shall communicate to the Commission a yearly assessment of the effectiveness of the automatic exchange of information referred to in Article 8, Article 8a and 8aa as well as the practical results achieved. The Commission shall then submit an annual consolidated report, based on the information received, to the European Parliament and to the Council. The Commission shall, by means of implementing acts, adopt the form and the conditions of communication of that yearly assessment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 26(2).
2016/03/22
Committee: ECON
Amendment 122 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 23 – paragraph 3 a (new)
3a. In the event that the Commission's impact assessment on the economic consequences of the public disclosure of the country-by-country reporting information does not identify a significant negative impact, including on global competitiveness and investment, the Commission shall consider making an appropriate legislative proposal for the amendment of this Directive to make that information available to the public.
2016/03/22
Committee: ECON
Amendment 1 #

2015/2344(INI)

Draft opinion
Paragraph -1 (new)
-1. Recalls that, although still a young currency and despite having experienced a serious crisis over recent years, the euro is solidly established as a global reserve currency;
2016/06/09
Committee: AFCO
Amendment 3 #

2015/2344(INI)

Draft opinion
Paragraph 1
1. Believes, however, that the crisis enhanced the need for improvement in EU economic governance and that the Economic and Monetary Union (EMU) must be progressively completed; considers that public confidence will only be rebuilt through the development of a progressive and comprehensive roadmap; calls for this roadmap to be urgently established;
2016/06/09
Committee: AFCO
Amendment 11 #

2015/2344(INI)

Draft opinion
Paragraph 1 a (new)
1a. Recalls that 26 Member States are committed to joining the euro area and that in the Treaties the euro is recognised as the currency of the economic and monetary union (article 3(4) TEU); underlines that this single currency is the reason for the current single institutional framework which means that all MEPs, Commissioners and European judges participate fully in decisions concerning the euro area;
2016/06/09
Committee: AFCO
Amendment 18 #

2015/2344(INI)

Motion for a resolution
Citation 9
– having regard to Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability, Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area, Regulation (EU) no 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of budgetary surveillance in the euro area, Regulation 1174/2011 of the European Parliament and of the Council of 16 November 2011 on enforcement measures to correct excessive macroeconomic imbalances in the euro area, Regulation (EU) no 1175/2011 of the European Parliament and of the Council of 16 November 2011 amending Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies, Regulation 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances, Regulation (EU) no 1177/2011 of 8 November 2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure;
2016/06/09
Committee: BUDGECON
Amendment 25 #

2015/2344(INI)

Draft opinion
Paragraph 3
3. Takes note of different proposals for this purpose, with different designs and assigning different functions; points out that some options are possible under the current Treaties, whereas others would require Treaty change; stresses the importance of examining this issue from a holistic perspective - a budgetary capacity of the euro area is a tool which can complement others, notably a greater focus on convergence, or the completion of the Single Market, in order to reinforce both the euro area and the European Union - as an isolated measure it cannot be a panacea;
2016/06/09
Committee: AFCO
Amendment 34 #

2015/2344(INI)

Motion for a resolution
Recital A
A. whereas the Treaty on European Union establishes the creation of the single market, whose currency is the euro; whereas the European Monetary Union referred to in TEU article 3.4 currently consists of 19 members, two of whom having the Euro, two members haveing opt-out clauses, and the remaining seven EU Member States having yetbound to join; whereas no financial liability will be incurred by the two countries with opt-outs from EMU in the framework of any fiscal capacity for the euro area;
2016/06/09
Committee: BUDGECON
Amendment 38 #

2015/2344(INI)

Draft opinion
Paragraph 4
4. Recalls that such capacity should be part of the EU budget as laid down in Article 310(1) TFEU and should comply with the provisions of Articles 310(4) and 312(1) TFEU;deleted
2016/06/09
Committee: AFCO
Amendment 47 #

2015/2344(INI)

Draft opinion
Paragraph 5
5. Points out that, pursuant to Article 311 TFEU, it is possible to raise the own resources ceilings, to establish new categories of own resources (even if only from a limited number of Member States) and to assign certain revenue to finance specific items of expenditure, as provided for in Article 21 of the Financial Rules1 ; believes that the best option would be to generate own resources specifically linked to the euro area, in order to avoiding mixing the budget of the EU 28 and the budget of the euro area, which each have different goals; __________________ 1 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002.
2016/06/09
Committee: AFCO
Amendment 69 #

2015/2344(INI)

Draft opinion
Paragraph 8
8. Recalls that the protocols on the application of the principles of subsidiarity and proportionality and on the role of national parliaments offer ample opportunities for national parliaments’ involvement in this respect; states that responsibilities must be assigned at the level where decisions are taken or implemented, with national parliaments scrutinising national governments and the European Parliament scrutinising the European executives; believes that this is the only way to ensure the required increased accountability of decision- making;
2016/06/09
Committee: AFCO
Amendment 71 #

2015/2344(INI)

Motion for a resolution
Recital E
E. whereas it became apparent during the sovereign debt crisis that the European Treaties do not provide the euro area with the instruments to deal effectively with shocks; whereas the rules-based system, with loose adherence to the rules by the Member States, and mere coordination of national economic policies failed to provide the required resilience during the crisis;
2016/06/09
Committee: BUDGECON
Amendment 74 #

2015/2344(INI)

Draft opinion
Paragraph 8 a (new)
8a. Stresses that using own resources specifically linked to the euro area would ensure the necessary clarity, transparency and democratic legitimacy concerning control and accountability, as these resources would be generated and controlled at the European level;
2016/06/09
Committee: AFCO
Amendment 79 #

2015/2344(INI)

Draft opinion
Paragraph 9
9. Believes that non-eurozone Member States should be involved, if they so desire, although in a differentiated way, and with no decision-making capacity, and depending on the design of the budgetary capacity.;
2016/06/09
Committee: AFCO
Amendment 82 #

2015/2344(INI)

Draft opinion
Paragraph 9 a (new)
9a. Considers it essential to differentiate between discussion concerning policies for the euro area and related decision making; modalities must be found to allow all Member State who are committed to joining the euro area to participate in discussions concerning the euro area, if they so wish, however only Member States who are members of the euro area and contribute to rescue funds and the budgetary capacity should be able to vote on these decisions;
2016/06/09
Committee: AFCO
Amendment 84 #

2015/2344(INI)

Draft opinion
Paragraph 9 b (new)
9b. Considers that, in parallel to the euro area decision-making body within the European Parliament, it will also be essential to foresee an equivalent decision-making structure within the Council of Ministers; suggests that the Euro Group could be the appropriate formation, with its accountability improved;
2016/06/09
Committee: AFCO
Amendment 85 #

2015/2344(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the Euro acted as a shield during the financial crisis and whereas many Member States would have experienced a worse situation without it; whereas improvements are however required for the Euro to really meet its promises and potential;
2016/06/09
Committee: BUDGECON
Amendment 85 #

2015/2344(INI)

Draft opinion
Paragraph 9 c (new)
9c. Believes that a clearly defined role for the European Court of Justice will be crucial in order to guarantee fairness and efficiency in the implementation of the new framework;
2016/06/09
Committee: AFCO
Amendment 86 #

2015/2344(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas any budgetary capacity for the euro area should not be seen independently from the other necessary evolutions required for the euro area to be an optimal currency area, nor from other tools that already exist (inter alia EIB/EIF), nor from existing rules;
2016/06/09
Committee: BUDGECON
Amendment 86 #

2015/2344(INI)

Draft opinion
Paragraph 9 d (new)
9d. Underlines that improvements of the euro area can already be implemented under the current Treaties; considers, however, that Treaty revision or an ad- hoc euro area Treaty should not be excluded; recalls that recourse to an intergovernmental agreement was the option chosen for the UK settlement; considers that the current single institutional framework is no longer justified; considers that any evolution would need to respect the "Community" framework and its spirit, for example maintaining the existing institutions but modifying their structure to reflect the new reality rather than creating new ones, as much as possible;
2016/06/09
Committee: AFCO
Amendment 104 #

2015/2344(INI)

Motion for a resolution
Recital H
H. whereas the Community method was abandoned in favour of intergovernmental agreements in order to allow for rapid responses in the crisis; whereas this has made the European Council the leading actor in the crisis, while the European Parliament and its national counterparts have been side-lined and the European Commission relegated to a role of secretariat of the European Council;
2016/06/09
Committee: BUDGECON
Amendment 154 #

2015/2344(INI)

Motion for a resolution
Paragraph 3
3. Considers, against this background, that shortcomings have existed in the Economic and Monetary Union (EMU) since its inception under the Maastricht Treaty with the attribution of monetary policy to the European level, while budgetary policy remains within the competencies of the Member States and is only framed by provisions on light coordination of national policies; recalls that the Stability and Growth Pact is a necessary set of rules allowing Member States to share a single currency but is not, per se, a European economic policy;
2016/06/09
Committee: BUDGECON
Amendment 171 #

2015/2344(INI)

Motion for a resolution
Paragraph 4
4. Stresses that the introduction of the euro as a common currency has eliminated tried and tested policy options for counterbalancing asymmetric shocks such as exchange rate devaluation; acknowledges that the Euro in itself is a shield against exchange rate fluctuations; reiterates that the relinquishing of autonomy over monetary policy therefore requires alternative adjustment mechanisms to cope with asymmetric macroeconomic shocks in order to make the euro zone an optimal currency area able, inter alia, to implement a proper policy mix;
2016/06/09
Committee: BUDGECON
Amendment 203 #

2015/2344(INI)

Motion for a resolution
Paragraph 6
6. Points out that the crisis has proved that a common monetary policy without a common fiscal policy cannot address asymmetric shocks to the euro area; reiterates that mere coordination of national fiscal policies without credible enforcement mechanisms, as well as loose adherence by Member States to the common fiscal framework, has not prevented an investment gap, has proved insufficient to trigger growth-enhancing, sustainable and socially balanced structural reforms and has not enhanced the national capacity to absorb economic shocks;
2016/06/09
Committee: BUDGECON
Amendment 212 #

2015/2344(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Believes that the Macroeconomic Imbalance Procedure has not been used to its full potential to prevent imbalances and to foster greater convergence;
2016/06/09
Committee: BUDGECON
Amendment 262 #

2015/2344(INI)

Motion for a resolution
Paragraph 11
11. Makes it clear that rapid action is needed to ensure the sustainabila well-defined roadmap is needed to realise the full benefitys of the eurocommon currency; stresses that this requires strong joint efforts on the part of the EU and its Member States to complete the EMU and to restore the trust of citizens and markets;
2016/06/09
Committee: BUDGECON
Amendment 269 #

2015/2344(INI)

Motion for a resolution
Paragraph 12
12. Believes that in order to regain trust, the euro must deliver on its promise of stability, convergence, growth and jobs; regards a fiscal capacity as a vital element in this enterprise, which can be successful only if solidarity is closely linked to responsibility, meaning that financial support is provided on the basis of clear criteria; considers that it should go hand in hand with completion of the internal market, with an EU budget funding European and future oriented investments;
2016/06/09
Committee: BUDGECON
Amendment 281 #

2015/2344(INI)

Motion for a resolution
Paragraph 13
13. Argues that convergence, good governance and conditionality enforced through institutions being held democratically accountable at the euro-area and national level are key, notably to preventing permanent transfers and moral hazard; states that responsibilities must be assigned at the level where decisions are taken or implemented, with national parliaments scrutinising national governments and the European Parliament scrutinising the European executives; believes that this is the only way to ensure the required increased accountability of decision-making;
2016/06/09
Committee: BUDGECON
Amendment 302 #

2015/2344(INI)

Motion for a resolution
Paragraph 14
14. Takes the view that incentives for sound fiscal policymaking and for addressing structural weaknesses at national level, taking into account the aggregate euro area fiscal stance, are core elements for the functioning of the euro area; considers that a fiscal capacity should, moreover, address specific concerns for the euro area in the case of absorbing shocksto prevent shocks and in order to enable daily political management;
2016/06/09
Committee: BUDGECON
Amendment 317 #

2015/2344(INI)

Motion for a resolution
Paragraph 15
15. Stresses that, while seeking complementarities and avoiding overlaps, a fiscal capacity must be created on top of existing EU funding instruments, within its legal framework, in order to ensure consistent development between euro and non-euro Member States; considers however that the option of an ad-hoc Euro area Treaty should not be disregarded, as this has been the tool chosen for the UK settlement;
2016/06/09
Committee: BUDGECON
Amendment 330 #

2015/2344(INI)

Motion for a resolution
Paragraph 16
16. Points out that effective stabilisation of large euro area Member States or a group of closely economically intertwined countries requires sufficient resourcesadequate own resources, drawing lessons from one of the main failures of the EU budget coming from the expectation of a "fair return", calculated only in numerical terms; recalls the creation of the interinstitutional group on own resources (the Monti group), whose creation in itself reveals an awareness of this problem;
2016/06/09
Committee: BUDGECON
Amendment 342 #

2015/2344(INI)

Motion for a resolution
Subheading 3
Three pillars of the fiscal capacitydeleted
2016/06/09
Committee: BUDGECON
Amendment 344 #

2015/2344(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Considers that, in opposition to the ESM, EFSF, EFSM which were conceived as emergency tools, the budgetary capacity of the euro area should be seen as a permanent governance tool and fund the stability of the Euro area, labour mobility, investment to bring prosperity, in order to make it an optimal currency area;
2016/06/09
Committee: BUDGECON
Amendment 350 #

2015/2344(INI)

Motion for a resolution
Paragraph 17
17. Considers that three different functions have to be fulfilled; argues, first, that in ordera sound management of the Euro area must include notably the following elements: to foster economic and social convergence within the euro area and to improve the economic competitiveness and resilience of the euro area, Member States’ structural reforms should be incentivised in good economic times; argues, secondly, that differences in the business cycles of euro area Member States stemming from structural differences create the need for an instrument to address asymmetric shocks; considers, thirdly, that symmetric shocks should be addressed so asto address asymmetric shocks, to increase the resilience of the euro area as a whole;
2016/06/09
Committee: BUDGECON
Amendment 365 #

2015/2344(INI)

Motion for a resolution
Paragraph 18
18. Argues in consequence that three pillars of a fiscal capacity should be distinguished, wherein action should be undertaken in the framework of a common toolbox to address the different functions, i.e. incentivising convergence and sustainable structural reforms, absorbing asymmetric shocks, and absorbing symmetric shocks; takes note of the various proposals regarding designs put forward on this matter by politicians and academia;deleted
2016/06/09
Committee: BUDGECON
Amendment 394 #

2015/2344(INI)

Motion for a resolution
Paragraph 19
19. Demands that the ESM be integrated into the Union’s legal framework and evolve towards a Community mechanism, as provided for in the ESM Treaty and as constantly requested by the European Parliament and foreseen in the Five Presidents’ report; underlines that the ECJ Pringle case-law and jurisprudence open up the possibility of bringing the ESM within the Union’s framework, within the existing Treaties, on the basis of Article 352 TFEU; calls, therefore, on the Commission to bring forward as a matter of urgency a legislative proposal to that end; demands that the ESM be made fully accountable to the Members of European Parliament elected in the contributing Member States;
2016/06/09
Committee: BUDGECON
Amendment 412 #

2015/2344(INI)

Motion for a resolution
Paragraph 20
20. Calls for the ESM, whilst fulfilling its ongoing tasks, to be further developed and turned into a European Monetary Fund (EMF) with adequate lending and borrowing capacities and a clearly defined mandate, including its contribution to a euro area fiscal capacity; stresses that an EMF should be managed by the Commission and held democratically accountable by the Members of the European Parliament elected in the contributing Member States; emphasises that national parliaments would be adequately involved in the process, given thatif their constitutional prerogatives regarding financial resources couldwere to be affected;
2016/06/09
Committee: BUDGECON
Amendment 427 #

2015/2344(INI)

Motion for a resolution
Paragraph 21
21. Insists that once it is integrated into Community law, the fiscal capacity for the euro area should be integrated into the EU budget, provided control and accountability is the responsibility of those contributing to it, but over and above the ceilings of the Multiannual Financial Framework (MFF);
2016/06/09
Committee: BUDGECON
Amendment 453 #

2015/2344(INI)

Motion for a resolution
Paragraph 23
23. Believes that compliance with a convergence code should be the condition for access to funding from the ESM/EMF; reiterates its call on the Commission to put forward a legislative proposal to this end;deleted
2016/06/09
Committee: BUDGECON
Amendment 461 #

2015/2344(INI)

Motion for a resolution
Paragraph 23
23. Believes that compliance with a convergence code should be the condition for access to fundborrowing from the ESM/EMF; reiterates its call on the Commission to put forward a legislative proposal to this end;
2016/06/09
Committee: BUDGECON
Amendment 464 #

2015/2344(INI)

Motion for a resolution
Subheading 4
Pillar 1: A convergence code to promote convergence and incentivise the implementation of structural reformsdeleted
2016/06/09
Committee: BUDGECON
Amendment 499 #

2015/2344(INI)

Motion for a resolution
Paragraph 25
25. Reiterates its call for the adoption of a ‘convergence code’, based on the MIP, as a legal act resulting from the ordinary legislative procedure, to streamline the existing coordination of economic policies into a more effective convergence of economic policies within the European Semester;
2016/06/09
Committee: BUDGECON
Amendment 524 #

2015/2344(INI)

Motion for a resolution
Paragraph 26 – indent 1
– taxation: base and rate of corporate taximplementation of a CCCTB and modification of fiscal rules detrimental to the optimal allocation of capital as underlined in the Werner report,
2016/06/09
Committee: BUDGECON
Amendment 536 #

2015/2344(INI)

Motion for a resolution
Paragraph 26 – indent 2
– labour market, including minimum wages within sectors (within the Member State), and pension systems,
2016/06/09
Committee: BUDGECON
Amendment 589 #

2015/2344(INI)

Motion for a resolution
Subheading 5
Pillar 2: Absorption of asymmetric shocksdeleted
2016/06/09
Committee: BUDGECON
Amendment 610 #

2015/2344(INI)

Motion for a resolution
Paragraph 29
29. Notes that the two models for the shock absorption function are featured most prominently in the academic literature: a Rainy Day Fund and a European Unemployment Benefit Scheme;deleted
2016/06/09
Committee: BUDGECON
Amendment 628 #

2015/2344(INI)

Motion for a resolution
Paragraph 30
30. Points out that the Rainy Day Fund should be funded by all the Member States on the basis of a cyclically sensitive economic indicator and used for payments to all Member States suffering from economic downturns;deleted
2016/06/09
Committee: BUDGECON
Amendment 644 #

2015/2344(INI)

Motion for a resolution
Paragraph 31
31. Acknowledges that the model of a European Unemployment Benefit Scheme would foster convergence of labour markets in the medium term;deleted
2016/06/09
Committee: BUDGECON
Amendment 675 #

2015/2344(INI)

Motion for a resolution
Subheading 6
Pillar 3: Absorption of symmetric shocksdeleted
2016/06/09
Committee: BUDGECON
Amendment 701 #

2015/2344(INI)

Motion for a resolution
Paragraph 34
34. Considers that in the case of symmetric shocks brought about by a lack of internal demand, monetary policy alone cannot reignite the economy, particularly in a context of zero lower bounds; is therefore convinced that public and private investment must be increased, the administrative burden reduced and a proper, simpler regulatory framework developed and implemented, with a view to stimulating potential growth;
2016/06/09
Committee: BUDGECON
Amendment 751 #

2015/2344(INI)

Motion for a resolution
Paragraph 38
38. Stresses that the Community method should prevail in the development of economic governance for the euro area; urges that no reinforcement of intergovernmental structures should take place in parallel with existing structures;deleted
2016/06/09
Committee: BUDGECON
Amendment 768 #

2015/2344(INI)

Motion for a resolution
Paragraph 39
39. Calls urgently for the European Parliament and national parliaments to be given a strengthened role in the renewed economic governance framework in order to reinforce democratic accountability; calls for increased national ownership in the European Semester in order to improve compliance with the CSRs;
2016/06/09
Committee: BUDGECON
Amendment 790 #

2015/2344(INI)

Motion for a resolution
Paragraph 41
41. Considers that in order to provide for a genuine EMU, a euro area treasury should be created for collective decision- making, supervision and management of the budgetary capacity for the euro area; calls for the inclusion of this treasury within the European Commission with full macroeconomic, fiscal and financial competences; calls for a vice-president of the European Commission to head the treasury and simultaneously to act as president of the Eurogroup; urges full accountability of this treasury to the European Parliament with appropriate accountability;
2016/06/09
Committee: BUDGECON
Amendment 798 #

2015/2344(INI)

Motion for a resolution
Paragraph 41 a (new)
41a. Is convinced that the macroeconomic governance of the euro area should evolve towards a system of surveillance centred on a limited number of fiscal indicators with clear and simple rules; considers that a strong enforcement of these rules coupled with an ambitious fiscal capacity should allow for less intrusion from the European level into policy-making at national level; stresses that such an application of the subsidiarity principle would allow for a more credible and more democratic governance of the euro area, which would foster ownership by citizens;
2016/06/09
Committee: BUDGECON
Amendment 801 #

2015/2344(INI)

Motion for a resolution
Paragraph 41 b (new)
41b. Notes that the European Parliament should review its internal organisation so as to allow an expression of these MEPs elected in the euro area;
2016/06/09
Committee: BUDGECON
Amendment 808 #

2015/2344(INI)

Motion for a resolution
Paragraph 42
42. Considers that those non-euro countries that do not have an opt-out will eventually become part of the EMU and therefore may join the governance framework on a voluntary basis with a special status; considers it essential to differentiate between discussion concerning policies for the euro area and related decision making; modalities must be found to allow all Member States who are committed to joining the euro area to participate in discussions concerning the euro area, if they so wish, however only Member States who are members of the euro area should be able to vote on these decisions;
2016/06/09
Committee: BUDGECON
Amendment 822 #

2015/2344(INI)

Motion for a resolution
Paragraph 43
43. Acknowledges that the current political climate characterised by deep inequality, mistrust and uncertainty is not conducive to proper reforms to achieve and complete EMU; believes, therefore,Believes that a comprehensive roadmap, including clear milestones and convergence criteria within an agreed timetable and taking into account the political situation, should be urgently adopted with a clear commitment by euro area Heads of State and Government to achieving a genu; considers that the roadmap should also address the issue of sovereign debt stock ine and complete EMU appropriate manner;
2016/06/09
Committee: BUDGECON
Amendment 20 #

2015/2329(INI)

Draft opinion
Paragraph 6
6. Points out that participation in the programme by countries seeking EU membership would lead to better mutual understanding and closer cooperation; proposes, therefore, that thought should be given to promoting projects involving cooperation between EU NGOs and NGOs from Eastern Partnership countries and other countries seeking EU membership.deleted
2016/10/12
Committee: AFCO
Amendment 26 #

2015/2329(INI)

Draft opinion
Paragraph 6 a (new)
6a. Underlines that before accession of a country to the European Union takes place profound and holistic preparation is required concerning issues of remembrance, coming to terms with the past and ensuring the active participation of citizens in civic life in the country concerned.
2016/10/12
Committee: AFCO
Amendment 3 #

2015/2326(INI)

Draft opinion
Paragraph 1
1. Maintains that the citizens of the Union may feel confident about Union law and can benefit effectively from its correct application in the Member States only ifwhen Union law is established in full compliance with the principle of conferral andTreaties; recalls that the principles of conferral and subsidiarity and proportionality, asre set out in Article 5 of the Treaty on European Unionthe Treaties (article 5 TEU);
2016/06/02
Committee: AFCO
Amendment 8 #

2015/2326(INI)

Draft opinion
Paragraph 3
3. Recalls that it is important for both the Member States and the Commission to respect their own roles and responsibilities, the former with regard to the timely and accurate transposition of directives and the proper application of EU law, and the latter with regard to the efficient monitoring of the applicationand enforcement of EU law;
2016/06/02
Committee: AFCO
Amendment 9 #

2015/2326(INI)

Draft opinion
Paragraph 3 a (new)
3a. Reiterates the provision in the recently adopted IIA on Better Law- Making that calls on Member States when transposing EU directives into national law where they choose to add elements that are in no way related to that Union legislation to make these additions identifiable either through the transposing act or through associated documents;
2016/06/02
Committee: AFCO
Amendment 12 #

2015/2326(INI)

Draft opinion
Paragraph 1 a (new)
1a. calls on the Commission to dedicate, for each directorate-general, a webpage listing the Member States not having transposed directives or not complying with decisions and regulations; considers it should be updated on a monthly basis and should detail which directives have not been transposed and/or which decisions and regulations have not been complied with;
2016/03/31
Committee: ECON
Amendment 12 #

2015/2326(INI)

Draft opinion
Paragraph 4
4. Underlines that Member States should express their political concerns at an early stage, through actively engaging in the legislative process as foreseen in the Treaties, rather than postponing the timely transposition of Union law;
2016/06/02
Committee: AFCO
Amendment 13 #

2015/2326(INI)

Draft opinion
Paragraph 1 b (new)
1b. considers that the Commission should more actively tackle cases of improperly transposed directives, as it may cover cases of both involuntary and of voluntary action by Member States;
2016/03/31
Committee: ECON
Amendment 14 #

2015/2326(INI)

Draft opinion
Paragraph 1 c (new)
1c. considers it the duty of the Commission to oppose the two legislative branches of decision making at the European level leaving substantive elements to be decided through delegated acts/implementing acts during the co- decision process, due to the legal uncertainties and potential risks, dangers and complications which could result;
2016/03/31
Committee: ECON
Amendment 15 #

2015/2326(INI)

Draft opinion
Paragraph 1 d (new)
1d. expresses concern that the settlement concluded with the UK on February 19 2016 has been concluded outside of the EU treaty framework which could create legal uncertainties; underlines the importance of the Court of Justice in its enforcement control as well as its sovereign power;
2016/03/31
Committee: ECON
Amendment 18 #

2015/2285(INI)

Motion for a resolution
Recital A
A. whereas economic recovery and the effective implementation of structural reforms in the European Union is under way but remains uneven between and within Member States and is partly driven by temporary factors;
2016/01/12
Committee: ECON
Amendment 39 #

2015/2285(INI)

Motion for a resolution
Recital C
C. whereas the euro area’s current account surplus continues to rise, while Europe still faces an importantpublic and private debt levels remain very high and are a drag on growth and hold back investment gap;
2016/01/12
Committee: ECON
Amendment 46 #

2015/2285(INI)

Motion for a resolution
Recital D
D. whereas the employment rate is improving but not enough to significantly curb unemployment, particularly youth unemployment, and poverty;
2016/01/12
Committee: ECON
Amendment 53 #

2015/2285(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the 2008 crisis was not only of a cyclical nature but also of a structural nature, which explains its lasting effects;
2016/01/12
Committee: ECON
Amendment 54 #

2015/2285(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the free movement of people, goods, services and capital is the cornerstone of the sustainable economic growth in the European Union’s Single Market;
2016/01/12
Committee: ECON
Amendment 71 #

2015/2285(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the 2016 Annual Growth Survey package and the proposed policy mix of investment, structural reform and fiscal responsibilityconsolidation, with increased emphasis on domestic demand and convergence, complementing accommodative monetary policiesthe effective implementation of structural reforms to ensure well- functioning labour, product, services and capital markets, quality education and training systems, modern and efficient social security systems and to promote innovation and entrepreneurship;
2016/01/12
Committee: ECON
Amendment 85 #

2015/2285(INI)

Motion for a resolution
Paragraph 2
2. Welcomes improvements in public finances, in particular gradually declining debt/GDP ratioa fall in headline budget deficits and gradually declining debt/GDP ratios but points out that public debt still remains very high in some Member States, which is a drag on growth and a burden for future generations;
2016/01/12
Committee: ECON
Amendment 96 #

2015/2285(INI)

Motion for a resolution
Paragraph 3
3. Notes that Europe’s global competitiveness remains an important objective, while the worsening global outlook calls for strengthening domestic sources of growthproductivity as well as growth and employment by reducing macroeconomic imbalances, particularly current account deficits;
2016/01/12
Committee: ECON
Amendment 105 #

2015/2285(INI)

Motion for a resolution
Paragraph 4
4. Calls for further efforts to support recovery, foster convergence towards the best performers and correct macroeconomic imbalances, including by channelling excess savings towards the domestic economincreasing productivity and boosting investment;
2016/01/12
Committee: ECON
Amendment 119 #

2015/2285(INI)

Motion for a resolution
Paragraph 5
5. Is encouraged by mild improvements in labour market indicators; calls for more effort to reduce barriers to entry into the labour market, poverty, social exclusion and growing inequalities;
2016/01/12
Committee: ECON
Amendment 123 #

2015/2285(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Asks the Commission for an impact study of the consequences of growing inequalities on economic growth and job creation in the European Union;
2016/01/12
Committee: ECON
Amendment 131 #

2015/2285(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls for tackling economic inequalities which act as an obstacle against long-lasting economic growth;
2016/01/12
Committee: ECON
Amendment 144 #

2015/2285(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Expresses its concern on the potential consequences for the Union due to a possible decrease of the Chinese economic growth and emphasises the need to take them into consideration in further economic and monetary policies;
2016/01/12
Committee: ECON
Amendment 152 #

2015/2285(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission and the Member States to use the European Structural and Investment Funds to their full potential; underlines that EU financial means (inter alia structural funds or EFSI) have swiftly been made available and should be used in coherence with each other and with the EU 2020 strategy;
2016/01/12
Committee: ECON
Amendment 169 #

2015/2285(INI)

Motion for a resolution
Paragraph 9
9. Is aware of the on-going deleveraging process in the private sector; points to the importance of completing the banking and capital markets union and boosting equity investments in SMEs;
2016/01/12
Committee: ECON
Amendment 185 #

2015/2285(INI)

Motion for a resolution
Paragraph 10
10. HCalls on Member States to improve the quality and productivity of public investment and for the Commission to come up with clear criteria to assess their impacts; highlights the importance of investments in human capital and other social investments;
2016/01/12
Committee: ECON
Amendment 205 #

2015/2285(INI)

Motion for a resolution
Paragraph 11
11. Considers that, after a long period of nominal adjustment, focus should be put on structural reforms and investments aimed at strengthening growth potential, promot focus should be put on structural reforms promoting growth, jobs and investment while ensuring fair and sustainable welfare systems and reducing social inequalities;
2016/01/12
Committee: ECON
Amendment 220 #

2015/2285(INI)

Motion for a resolution
Paragraph 12
12. Calls for product and service market reforms and better regulation, promoting open markets, innovation and quality-basedfair competition;
2016/01/12
Committee: ECON
Amendment 241 #

2015/2285(INI)

Motion for a resolution
Paragraph 14
14. Urges that further steps be taken towards resilient labour markets with reduced segmentation and sustainable welfare systems with increased focus on social investmentremoving barriers to entry into the labour market, particularly for the young; believes that it is important to improve workers' mobility, notably by providing portability of pensions rights and ensuring adequate and sustainable pension benefits across the EU;
2016/01/12
Committee: ECON
Amendment 250 #

2015/2285(INI)

Motion for a resolution
Paragraph 15
15. Emphasises the need for modern, efficient and citizen-friendly public administration; in this respect asks the Commission and the Member States to identify and correct deficiencies in the Member States’ and the Commission’s administrations that could prove to be detrimental in crisis situations;
2016/01/12
Committee: ECON
Amendment 264 #

2015/2285(INI)

Motion for a resolution
Paragraph 16
16. Calls for a greater shift of taxation away from labour to consumption;
2016/01/12
Committee: ECON
Amendment 284 #

2015/2285(INI)

Motion for a resolution
Paragraph 18
18. Reiterates the need for responsible fiscal policiesthe continuation of growth-friendly fiscal consolidation, taking into account debt sustainability, the economic cycle and investment gaps;
2016/01/12
Committee: ECON
Amendment 297 #

2015/2285(INI)

Motion for a resolution
Paragraph 19
19. Insists on the full implementation of the Stability and Growth Pact, while making use of available fiscal space, inter alia, to deal with security threats and refugee inflowsthe Commission may assess that possible temporary deviations may be justified to deal with unusual and unpredictable events outside of a Member State's control;
2016/01/12
Committee: ECON
Amendment 316 #

2015/2285(INI)

Motion for a resolution
Paragraph 20
20. Emphasises the need for improved tax collection, fighting tax evasion and avoidance and improved tax policy coordination as well as removing distortions from unfair differential taxation; is convinced that simplification of the tax systems is key and that a common consolidated corporate tax base would help to achieve this;
2016/01/12
Committee: ECON
Amendment 337 #

2015/2285(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the recommendation on the economic policy of the euro area as a way to deepen policy coordination in the follow-up to the Five Presidents' Report, particularly the recommendations on reforms that enhance productivity, foster job creation, raise competitiveness, improve the business environment and create flexible labour markets; in this regard, considers that the Green Paper on retail financial services is a positive step as it aims to fulfil the promise made to EU citizens of a real Internal Market and can provide tools for growth through daily actions and, for example, unleash the full potential of the digital economy;
2016/01/12
Committee: ECON
Amendment 353 #

2015/2285(INI)

Motion for a resolution
Paragraph 23
23. Emphasises that, given its high level of interdependence and the singleness of its monetary policy, the euro area needs to be viewed as one macroeconomic entity where convergencempetitiveness and convergence towards the best performers must be promoted; calls therefore for an in-depth aggregate assessment of macroeconomic imbalances in the euro area to complement the assessment of country-specific vulnerabilities; insists on full coherence between the euro area recommendation and country-specific recommendations;
2016/01/12
Committee: ECON
Amendment 355 #

2015/2285(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Recalls that monetary policy can succeed in supporting cyclical recovery but can only facilitate and not replace structural reforms necessary for structural recovery; underlines the Member States' and the European institutions' responsibility to restore confidence to enable private investments, entrepreneurship and active participation of citizens in the economic cycle;
2016/01/12
Committee: ECON
Amendment 361 #

2015/2285(INI)

Motion for a resolution
Paragraph 24
24. Welcomes increased attention to the euro area’s aggregate fiscal stance; calls for greater discussion on whether it can be considered broadly neutral given the large investment gap;
2016/01/12
Committee: ECON
Amendment 381 #

2015/2285(INI)

Motion for a resolution
Paragraph 25
25. Supports the recommendation to differentiate fiscal effort by individual Member States taking into account their respective positions vis-à-vis Stability and Growth Pact requirements and stabilisation needs, as well as spillover effects; notes that high-surplus countries may have significant fiscal space which they could use to the benefit of their populations and the monetary union as a whole; reduce taxes and invest in modernising their infrastructure, unless such measures would endanger sustaining their social welfare systems in the light of adverse demographic developments;
2016/01/12
Committee: ECON
Amendment 394 #

2015/2285(INI)

Motion for a resolution
Paragraph 26
26. Agrees that while the euro area's high current account surplus partly is a welcome sign of the euro area's external competitiveness, partly it also simplies a lack of internal investment and a risk of euro appreciation when monetary policy starts to become less accommodative, with adverse effects on growth and employmenty reflects weaker commodity prices and the depreciation of the euro; believes that the excess of savings is due to a lack of investor confidence in the euro area and its ability to establish a sustainable business environment for long-term investment; calls on the Member States to effectively implement structural reforms to modernise their economies and improve the business environment in coherence with the EU 2020 strategy;
2016/01/12
Committee: ECON
Amendment 408 #

2015/2285(INI)

Motion for a resolution
Paragraph 27
27. Emphasises the need to foster real economic and social convergence driven by improvements in productivity and non- cost factors; underlines the importance of all Member States having sufficient investment capacity, enabling balanced and sustainable growth; effectively implementing structural reforms and having sufficient investment capacity by leaving a safety margin in economic good times and improving the quality of public expenditure;
2016/01/12
Committee: ECON
Amendment 415 #

2015/2285(INI)

Motion for a resolution
Paragraph 28
28. Recognises the benefits of symmetrical adjustment, where regaining cost competitiveness does not merely require undergoing deflation which is detrimental to debt sustainability;
2016/01/12
Committee: ECON
Amendment 425 #

2015/2285(INI)

Motion for a resolution
Paragraph 29
29. Calls for measures preventing a race to the bottom in terms of taxation and social standards, building on better use of social indicators in macroeconomic surveillance leading to an increase in inequalities;
2016/01/12
Committee: ECON
Amendment 456 #

2015/2285(INI)

Motion for a resolution
Paragraph 32
32. Requests that plenary debates with the Commission and the President of the Eurogroup on the draft euro area recommendation become regular features in order to strengthen and complement existing democratic dialogue and accountability, for example the economic dialogue;
2016/01/12
Committee: ECON
Amendment 6 #

2015/2283(INI)

Draft opinion
Paragraph 1
1. Welcomes the package of better regulation measures adopted on 19 May 2015; believes however that material criteria for establishing the existence of a violation of the subsidiarity and proportionality principles should be proposed and supports a stronger, more efficient European Union; underlines however that this package must be used to create robust European legislation concerning issues where real progress and added value can be best achieved at the European level and must not result in inaction at the European level;
2016/01/22
Committee: AFCO
Amendment 22 #

2015/2283(INI)

Draft opinion
Paragraph 2
2. RegretObserves the decrease in the number of reasoned opinions received from national parliaments in 2014; takes note of the Commission’s view that, far from reflecting a decrease in interest on their part, this might be the result of the declining number of legislative proposals from the Commission;
2016/01/22
Committee: AFCO
Amendment 25 #

2015/2283(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes, however, that a majority of opinions by national parliaments are submitted by only a few national chambers; encourages the other chambers to become more involved in the European debate;
2016/01/22
Committee: AFCO
Amendment 30 #

2015/2283(INI)

Draft opinion
Paragraph 3
3. Believes, neverthelesstherefore, that it is important to raise the awareness of national parliaments on subsidiarity issues and to support them with tools permitting information exchange; stresses that, especially sinceregarding their specific role in European decision making and to promote further the use of IPEX which facilitates information exchange; recalls that the public consultations regularly organized by the Commission could be a source of information, but remain largely unused by members of national parliaments; notes that the volume of reasoned opinions received from national parliaments in 2014 remained unchanged in proportion to the number of Commission proposals, a mechanism should be developed for the participation of national parliaments in the EU legislative process;
2016/01/22
Committee: AFCO
Amendment 40 #

2015/2283(INI)

Draft opinion
Paragraph 4
4. Believes that the period of eight weeks given to national parliaments to issue a reasoned opinion under Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality should be extended significantlyis sufficient to allow national parliaments to participate to a greater extent, without delaying the adoption of relevant legislation;
2016/01/22
Committee: AFCO
Amendment 50 #

2015/2283(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that the so-called yellow and orange card procedures concerning the principle of subsidiarity exist since the entry into force of the Lisbon Treaty and that the yellow card procedure has already been used multiple times; believes that an equivalent so-called yellow and red card system should be created for the European Parliament to allow it to react when Member States legislate in domains which are within the competencies of the Single Market, or alternatively if Member States do not correctly implement European directives, which fragments the Single Market and results in a lack of level playing field;
2016/01/22
Committee: AFCO
Amendment 52 #

2015/2283(INI)

Draft opinion
Paragraph 5
5. Considers that the Commission should provide an adequate response to the request by a number of national chambers for a stronger subsidiarity control procedure; supports the request made by some national chambers to play a more crucial role, by proposing that the Commission should be bound to withdraw or amend its proposal when a yellow card is triggered; believes, at the same time, that the idea of a ‘green card’ should be considered as one means of raising the participation and activity of national parliaments in the EU legislative process.deleted
2016/01/22
Committee: AFCO
Amendment 1 #

2015/2254(INL)

Draft opinion
Indent 1 – paragraph - 1 (new)
- 1. Underlines the shared values as laid down in Article 2 TEU on which the European Union is founded;
2016/04/05
Committee: AFCO
Amendment 8 #

2015/2254(INL)

Draft opinion
Indent 1 – paragraph 1
1. Expresses the view that the Member States of the European Union should move towards a shared culture of the meaning ofuphold the rule of law in the 28 Member States to be applied by all concerned even- handedly;
2016/04/05
Committee: AFCO
Amendment 20 #

2015/2254(INL)

Draft opinion
Indent 1 – paragraph 2
2. Considers that the procedure under Article 7 TEU is virtually unusable; notremains a last resort instrument; deplores that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's fundamental values;
2016/04/05
Committee: AFCO
Amendment 24 #

2015/2254(INL)

Draft opinion
Indent 1 – paragraph 3
3. Takes note ofWelcomes the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; and looks to the formulation of common ground as between these different rule of law mechanismsurges however all EU institutions to work towards the establishment of a broader, integrated Democracy, Rule of Law and Fundamental Rights mechanism that applies to all Member States and the EU Institutions; therefore recommends the adoption of a Democracy, Rule of Law and Fundamental Rights Pact between citizens, governments, and EU institutions, giving ownership to all and thus making everyone responsible for a robust democracy, the rule of law and fundamental rights throughout the Union, rather than just a legal tool for top down enforcement; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).
2016/04/05
Committee: AFCO
Amendment 29 #

2015/2254(INL)

Draft opinion
Indent 1 – paragraph 3 a (new)
3a. Calls, therefore, for the adoption of an objective and evidence based mechanism that enables not only infringements to specific EU laws to be addressed, but also threats to democracy, the rule of law and fundamental rights; ensuring that all Member States are treated equally and no decision will be taken (or perceived to be taken) on political grounds;
2016/04/05
Committee: AFCO
Amendment 32 #

2015/2254(INL)

Draft opinion
Indent 1 – paragraph 4
4. Considers it important to work towards a new consensus between the EU and its Member Statesbinding mechanism with the aim of promoting and protecting democracy, the rule of law and fundamental rights, proceeding from the basis that unless extreme care is taken, there will always be a danger of politicising legalityto safeguard the shared values as enshrined in the Treaties and the Charter in a fully transparent and objective manner; proceeding from the basis that the EU loses credibility if enforcement of the founding principles is perceived to be uneven and unfair; Calls, therefore, for the adoption of an objective and evidence based mechanism that enables not only infringements to specific EU laws to be addressed, but also risks of systemic threats to democracy, the rule of law and fundamental rights; ensuring that all Member States are treated equally and no decision will be taken (or perceived to be taken) on political grounds;
2016/04/05
Committee: AFCO
Amendment 50 #

2015/2254(INL)

Draft opinion
Indent 2 – paragraph 6
6. Recommends the establishment on an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers that this would, however, require a Treaty change, within the limits of the current Treaties;
2016/04/05
Committee: AFCO
Amendment 64 #

2015/2254(INL)

Draft opinion
Indent 2 – paragraph 7
7. Calls for a coordination of thebroader, integrated mechanism on democracy, rule of law and fundamental rights incorporating the existing initiatives from the different EU institutions and is of the opinion that informan annual democracy, rule of law and fundamental trilogues should be regularlyghts policy cycle should be organiszed in order to ensure a coherent EU approach and to establish a fully consensual working definition of human rights, the rule of law and democracy;
2016/04/05
Committee: AFCO
Amendment 77 #

2015/2254(INL)

Draft opinion
Indent 2 – paragraph 10
10. Recommends that the pan-EU parliamentary debate is organised in such a way that it can involve setting goals to achieve and provide the means to measure changes from one year to another with the possibility to report back on the implementation of goals or recommendations.
2016/04/05
Committee: AFCO
Amendment 65 #

2015/2221(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the establishment of the SSM, which has been successful since its creation both from an operational point of view and in terms of supervisory quality, and considers it a remarkable achievement, taking into account the complexity of the project and the very short time frame available; calls for this high-quality work to continue;
2015/12/14
Committee: ECON
Amendment 140 #

2015/2221(INI)

Motion for a resolution
Paragraph 11
11. Believes that the worldwide drive towards more and better quality bank capital is a necessary condition for a sound banking system capable of supporting the economy and for avoiding any repeat of the enormoussignificant bailouts witnessed during the crisis; underlines however that the development of regulatory, supervisory and other financial sector policies at global level (FSB, BCBS, etc.) must have defined aims, and must not be used as a guise to enable unfair competition, nor to negatively target a particular funding model used in one part of the world;
2015/12/14
Committee: ECON
Amendment 163 #

2015/2221(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the development of a common methodology for the 2015 round of the Supervisory Review and Evaluation Process (SREP); takes note that, partly as a consequence of the swift start of the SSM, many aspects of this methodology were finalised while the SREP cycle was already underway, and considers that in order to improve robustness of results and consistency between banks’ risk profiles and capital levels, the process leading to the approval of the common risk assessment may benefit from further refinement; welcomes the SSM's willingness to work on banks' governance and in particular on risk management, risk appetite and cyber risk;
2015/12/14
Committee: ECON
Amendment 169 #

2015/2221(INI)

Motion for a resolution
Paragraph 16
16. Believes that the homogenisation of supervisory practices and standards within the euro area is a key objective for the SSM in order to ensure a true level playing field; in this respect, welcomes the agreement on a single implementation of national options and discretion for the euro area; considers that such a single implementation requires a gradual approach and should aim to address all existing barriers and segmentations; stands ready to cooperate at the legislative level to further improve regulatory and supervisory harmonisation; urges the Commission to use regulations, applicable directly and to all throughout the EU, as the legislative tool to ensure harmonised implementation across the EU and the Banking Union rather than directives;
2015/12/14
Committee: ECON
Amendment 214 #

2015/2221(INI)

Motion for a resolution
Paragraph 24
24. Welcomes the efficient and open way in which the ECB has so far fulfilled its accountability obligations towards Parliament and calls upon the ECB to continue to fully engage in this regard and to further contribute to improving Parliament’s capacity to assess SSM policies and activities; views favourably the willingness of the ECB President to further cooperate with the European Parliament regarding the ECB's role in banking matters in the framework of global standards setting bodies, in particular the Financial Stability Board; is aware that this would require a renewed effort from the ECON committee to follow these issues;
2015/12/14
Committee: ECON
Amendment 223 #

2015/2221(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Welcomes the credibility of the SSM on the international stage; considers it fundamental that the SSM is properly involved in the design of global regulatory standards, in particular the orientations negotiated within the Financial Stability Board and the Basel Committee on Banking Supervision;
2015/12/14
Committee: ECON
Amendment 344 #

2015/2221(INI)

Motion for a resolution
Paragraph 40
40. Welcomes the Commission’s announcement regarding the presentation of a legislative proposal for the first steps towards a European Deposit Insurance Scheme (EDIS) by establishing a reinsurance mechanism at EU level for the national deposit guarantee schemes, considers it vital to agree on a scheme that would not create any distortion between the different banking models; in parallel it is essential to work to reduce risks, including those linked to sovereign debt and banks' governance;
2015/12/14
Committee: ECON
Amendment 355 #

2015/2221(INI)

Motion for a resolution
Paragraph 40 a (new)
40a. Recalls that the role of the Commission is to guarantee a level playing field across the European Union and that it should avoid any fragmentation within the internal market;
2015/12/14
Committee: ECON
Amendment 133 #

2015/2210(INI)

Motion for a resolution
Paragraph 8
8. Notes that further fiscal consolidation is still needed in many Member States in order to comply with the conditions of the Stability and Growth Pact (SGP) and, more fundamentally, to stop putting the burden on young and future generations and to be able to finance future-oriented projects and growth enhancing projects; notes the Commission's interpretative communication on flexibility in the SGP, aimed at clarifying the scope of the investment clause and allowing for a certain degree of temporary flexibility in the preventive arm of the SGP;
2015/09/11
Committee: ECON
Amendment 150 #

2015/2210(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Recalls that poverty and widening income inequality are a threat to growth and its sustainability; calls on the Commission to coordinate and support the Member States in their missions to combat them by facilitating the exchange of best practice and accurate data collection; considers that these responsibilities should explicitly be part of the European Semester for economic policy coordination;
2015/09/11
Committee: ECON
Amendment 181 #

2015/2210(INI)

Motion for a resolution
Paragraph 12
12. Agrees with the Commission that many Member States need to be more ambitious in implementing structural reforms in order to make product and services markets more competitive; welcomes, in this context, the Commission's communication on the roadmap for completing the Digital Single Market; believes that this roadmap should define a clear path for Member States to build a comprehensive framework (covering for example tax and legal issues) enabling companies, large and SMEs, to boost their investments in new technologies;
2015/09/11
Committee: ECON
Amendment 250 #

2015/2210(INI)

Motion for a resolution
Paragraph 16
16. Deplores the fact that the CSRs suffer from lack of ownership at national level and from a democratic accountability mechanism; calls, in this context, for an increased role for national parliaments in the preparation of the National Reform Programmes (NRPs); believes that national parliaments should proceed to a formal vote on the NRP before its submission to the Commission; stresses that increased ownership is a crucial factor for the successful implementation of the CSRs and, in the longer term, for the success of the Europe 2020 strategy;
2015/09/11
Committee: ECON
Amendment 286 #

2015/2210(INI)

Motion for a resolution
Paragraph 19
19. Reiterates its call for the strengthening of the position of the Commission's Chief Economic Analyst (CEA), whose mandate is to verify independently the implementation of the EU governance rules within the European Semester; calls, in particular, for the CEA's analysis to be made public and for the establishment of a regular dialogue between the competent committee of Parliament and the CEA; notes also in this context that the Five Presidents' Report on completing EMU proposes the setting-up of a European Fiscal Board (EFB); recalls that a better economic governance in the euro area is crucial and that, according to the Five Presidents' Report on Completing Europe's Economic and Monetary Union, "a complete EMU is not an end in itself. It is a means to create a better and fairer life for all citizens, to prepare the Union for future global challenges and to enable each of its members to prosper";
2015/09/11
Committee: ECON
Amendment 11 #

2015/2140(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas, in the field of competition, the European Union's voice is heard and respected on the international scene; whereas this unified independent external representation, backed up by clearly defined powers, enables the Union to exert its true political, demographic and economic power;
2015/10/21
Committee: ECON
Amendment 19 #

2015/2140(INI)

Motion for a resolution
Recital C
C. whereas the strong application of competition-law principles under the EU Treaty primarily benefits consumers, promotes innovation and growth, and controls and restricts unfair market practices as well as monopolies and dominant market positions with a view to ensuring equal opportunities of success for all;
2015/10/21
Committee: ECON
Amendment 105 #

2015/2140(INI)

Motion for a resolution
Paragraph 9
9. Considers that the existing rules relating to fines for infringements could be supplemented by ongoingharsher penalties against those responsible; e legal entities responsible than for the individuals; takes the view that the penalties should be high enough to act as a deterrent;
2015/10/21
Committee: ECON
Amendment 127 #

2015/2140(INI)

Motion for a resolution
Paragraph 11
11. Queries the long duration of the investigations into American Internet giant Google and regrets the fact that these investigations have already dragged on for several years with no result, because until 2014 the Commission was reluctant to indicate its intention to abolish market restrictions; welcomes the Commission's actions on this matter, in remaining unmoved by political pressures
2015/10/21
Committee: ECON
Amendment 185 #

2015/2140(INI)

Motion for a resolution
Paragraph 17
17. Considers that particularly in the digital economy additional new criteria must be introduced in assessing mergers, such as the purchase price, possible market entry barriers and network effects, and that day attention should be paid to the global nature or otherwise of competition in the sector in question; Calls on the Commission to give particular consideration to the commercial model of businesses in the digital economy and possible market entry barriers;
2015/10/21
Committee: ECON
Amendment 199 #

2015/2140(INI)

Motion for a resolution
Paragraph 19
19. Stresses that the temporary State aid in the financial sector for the stabilisation of the global financial system was necessary but on completion of the Banking Union must be quickly reduced or totally removed and scrutinisein the absence of a European regulatory framework to address and overcome banking crises; takes the view that the introduction of the Banking Union and entry into force of the Bank Recovery and Resolution Directive (BRRD) – which is intended to resolve failures of banks and large investment companies – justifies a revision of the Commission communication of July 2013 on the banking sector, and the development of a clear strategy with a precise timetable for phasing out temporary state aid;
2015/10/21
Committee: ECON
Amendment 216 #

2015/2140(INI)

Motion for a resolution
Paragraph 20
20. Welcomes the investigations initiated by the Commission in 2014 into unlawful State aid through unfair tax competition and calls on Member States in future to present the Commission with information about their taxation practice in good time and ultimately to comply with the obligation to declare special arrangements to the detriment of other Member States;
2015/10/21
Committee: ECON
Amendment 245 #

2015/2140(INI)

Motion for a resolution
Paragraph 22
22. Considers that healthy tax competition is one of the constitutive elements of the internal market of the Union but unfair tax competition must be prevented through minimum rates of taxation and harmonised tax bases; takes the view that introducing a common consolidated corporate tax base (CCCTB) would help make the system more transparent; believes that the issue of consolidation can be addressed at a later date, and should not be a barrier to the swift introduction of a CCCTB;
2015/10/21
Committee: ECON
Amendment 298 #

2015/2140(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Commission to give the Parliament greater and earlier involvement in fundamental issues of competition policy, if the desired treaty amendment is not expected soon; Calls on the Commission to give the Parliament greater involvement in sector-specific investigations, while ensuring the confidentiality of certain information submitted by stakeholders;
2015/10/21
Committee: ECON
Amendment 306 #

2015/2140(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Considers harmful the trend in European legislation towards introducing distortions and fragmentation in the internal market, giving rise to unfair competition; views the split between members and non-members of the banking union as damaging, in particular in respect of structural reform of the banking sector, where a move from a partial derogation concerning the Vickers Act towards a full exemption based on establishment in a specific territory or on arbitrary thresholds is becoming apparent;
2015/10/21
Committee: ECON
Amendment 11 #

2015/2128(INI)

Draft opinion
Paragraph 2 a (new)
2a. Reiterates its call for all the Member States to make public national declarations by their respective Court of Auditors to account for the spending of EU funds;
2015/11/03
Committee: AFCO
Amendment 23 #

2015/2128(INI)

Draft opinion
Paragraph 5 a (new)
5a. Highlights the importance of establishing a coherent and effective European system for the investigation and prosecution of offences affecting the EU's financial interests, reiterates the Parliament's support for the creation of a European Public Prosecutor's Office and the urgent need for it, in order, inter alia, to contribute to helping to restore public trust in the effective management of EU funds, calls on the Council to prioritise making progress on this crucial dossier;
2015/11/03
Committee: AFCO
Amendment 11 #

2015/2115(INI)

Motion for a resolution
Recital B
B. whereas, according to the same forecast, unemployment in the euro area is expected to record a slow decrease, from 11.6 % at the end of 2014 to 10.5 % at the end of 2016; whereas there are major disparities between the unemployment rates in different Member States, with figures ranging from 6.4 % in Germany to 26.6 % in Greece hitting in particular the young;
2015/10/29
Committee: ECON
Amendment 78 #

2015/2115(INI)

Motion for a resolution
Paragraph 4
4. AcknowledgNotes that, in reaction to a complex environment of falling inflation, contraction of credit and sluggish economic growth, and with its interest rates close to the zero lower bound, the ECB resorted to non-conventional monetary policy instruments; insists that monetary policy cannot resolve the fiscal and economic problems that exist in many Member States and cannot be a substitute for necessary structural reforms.
2015/10/29
Committee: ECON
Amendment 156 #

2015/2115(INI)

Motion for a resolution
Paragraph 12
12. Considers that the existing flexibility within theall tools available in the enhanced Stability and Growth Pact rules cshould be used to better address the weak recovery in some Member States and consolidate the overall long term growth, in particular through the Macroeconomic Imbalances Procedure;
2015/10/29
Committee: ECON
Amendment 177 #

2015/2115(INI)

Motion for a resolution
Paragraph 16
16. Notes that austerity policies in a number of Member States have contributed to stagnation and recession, with damaging effects on euro area members’ public accounts, levels of unemployment and social cohesion;deleted
2015/10/29
Committee: ECON
Amendment 197 #

2015/2115(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. welcomes the willingness expressed by Mario Draghi during the Monetary dialogue of 23 September 2015 "to inform the European Parliament of the positions taken by the ECB" within organisations such as the Financial Stability Board or the Basel Committee on Banking Supervision;
2015/10/29
Committee: ECON
Amendment 204 #

2015/2115(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. supports the vision stated by Mario Draghi in his speech delivered in Frankfurt am Main on 16 March 2015 that "economic convergence should be reached through structural reforms that lead to an alignment of productivity levels. On the institutional side, we need to move from a system of rules and guidelines for national economic policy making to a system of further sovereignty sharing within common institutions. As part of this process, we need to strengthen the democratic accountability of Europe towards its citizens";
2015/10/29
Committee: ECON
Amendment 207 #

2015/2115(INI)

Motion for a resolution
Paragraph 20
20. Deplores the fact that the ECB has exceeded even a broad interpretation of its Treaty-based mandate, inter alia in its role in the Troika and Quadriga; urges the ECB to take a step backwards and reinforce its independence from political decisions, abiding by the ECJ judgment in Case C-62/14 of 16 June 2015, especially its paragraph 102, as well as the opinion expressed by Advocate-General Cruz Villalón in the same case, especially its paragraphs 227 and 263;deleted
2015/10/29
Committee: ECON
Amendment 235 #

2015/2115(INI)

Motion for a resolution
Paragraph 25
25. Calls for a thorough assessment of the ECB’s modus operandi towards Greece, especially as regards the decisions taken by it, namely: a) (on 4 February 2015) to lift the waiver affecting marketable debt instruments issued or fully guaranteed by the Hellenic Republic; b) (on 28 June 2015) to limit the liquidity available to Greek banks via the European Liquidity Assistance (ELA) facility, resulting in the imposition of capital controls; c) (in 2015) to withhold profits from its Greek bond portfolio acquired under the Securities Markets Programme (SMP);deleted
2015/10/29
Committee: ECON
Amendment 237 #

2015/2115(INI)

Motion for a resolution
Paragraph 25 – point a
a) (on 4 February 2015) to lift the waiver affecting marketable debt instruments issued or fully guaranteed by the Hellenic Republic;deleted
2015/10/29
Committee: ECON
Amendment 238 #

2015/2115(INI)

Motion for a resolution
Paragraph 25 – point b
b) (on 28 June 2015) to limit the liquidity available to Greek banks via the European Liquidity Assistance (ELA) facility, resulting in the imposition of capital controls;deleted
2015/10/29
Committee: ECON
Amendment 250 #

2015/2115(INI)

Motion for a resolution
Paragraph 26
26. Asks the ECBReminds the ECB, the Member States, the Council and the European Parliament (Economic and Monetary Affairs Committee) to examine the gender imbalance factor on its Council when itsand Board when their membership iss are renewed;
2015/10/29
Committee: ECON
Amendment 267 #

2015/2115(INI)

Motion for a resolution
Paragraph 27
27. Believes that the current structure of the Banking Union should be complemented in the future with a single mechanism to guarantee bank deposits, aimed at avoiding capital flight in the event of a future banking crisis; echoes the statement made by the ECB President, at the thirty-second meeting of the International Monetary and Financial Committee in Lima, that completing the Banking Union is key "in order to create a truly single banking system and achieve its objectives of breaking the bank- sovereign nexus, making the financial system more resilient, and protecting the interests of taxpayers" and that in "parallel, the authorities will need to decisively deal with remaining crisis legacies to create a better foundation for bank lending to the real economy";
2015/10/29
Committee: ECON
Amendment 281 #

2015/2115(INI)

Motion for a resolution
Paragraph 28
28. Welcomes the capital market union project and its potential contribution to rebalancing the funding channels and reducing excessive dependence of euro area economies on the banking system;
2015/10/29
Committee: ECON
Amendment 282 #

2015/2115(INI)

Motion for a resolution
Paragraph 28
28. Welcomes the capital market union project and its potential contribution to reducing excessive dependence of euro area economies on the banking system; makes clear that the aim is not to diminish, or to keep funding means at their current level, but rather to increase and diversify them;
2015/10/29
Committee: ECON
Amendment 16 #

2015/2106(INI)

Motion for a resolution
Recital B
B. whereas profound changes have occurred, and are still on-going, in all financial sectors, including banking, insurance, securities markets, investment funds and financial market infrastructure;
2015/09/25
Committee: ECON
Amendment 39 #

2015/2106(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission’s Investment Package, including the Capital Markets Union (CMU); stresses that an efficient and effective financial services framework ensuring financial stability is a prerequisite in order to increase (long-term) investment and to foster growth in a competitive European economy; underlines the linkage between economic and financial stability; considers that the CMU should be renamed ‘Union for Financing and Investment’ in order to focus not on the tool but on the aim;
2015/09/25
Committee: ECON
Amendment 51 #

2015/2106(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Is of the opinion that such a Union should be embedded into a global supervisory and regulatory framework which should be transparent, made accountable and whose requirements must be enforceable;
2015/09/25
Committee: ECON
Amendment 62 #

2015/2106(INI)

Motion for a resolution
Paragraph 3
3. Is concerned about the increased complexity, reflected in the greater amount, detail and number of layers of regulation and supervision with requirements at international, European and national level; stresses the need for international regulatory cooperation but recalls that the global framework for cooperation should be improved to better take into account the interests of all parts of the world and in order to increase accountability;
2015/09/25
Committee: ECON
Amendment 77 #

2015/2106(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Highlights that a strong CMU should encourage the development of capital markets in all 28 Member States; calls on the Commission to support those Member States with developing capital markets sectors through its Structural Reform Support Service;
2015/09/25
Committee: ECON
Amendment 91 #

2015/2106(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Is convinced that an efficient CMU, benefiting both citizens and companies, as well as enabling growth, should be simple, not risk-adverse, consistent throughout the legislation, with clear regulation and a strong mandate for supervision, including sanctions to act as deterrents and to be implemented where appropriate;
2015/09/25
Committee: ECON
Amendment 111 #

2015/2106(INI)

Motion for a resolution
Paragraph 7
7. Believes that a single market for financial services serves businesses, but ultimately has to benefit customers and investors; insists that barriers to cross- border access, marketing and investment have to be analysed and addressed; considers that the ESAs should be at the forefront of any process to align third country equivalence, given their expertise, access to resources and insight into market and consumer protection issues;
2015/09/25
Committee: ECON
Amendment 139 #

2015/2106(INI)

Motion for a resolution
Paragraph 9
9. Highlights the benefits of asset diversification both in terms of asset classes and asset origin; reminds in this respect that the internal market is key to meet this diversification; emphasises that the purpose of prudential regulation is not to favour certain asset classes; calls for a risk- based approach to regulation, with the same rules being applied to the same risks; believes that a more granular categorisation of asset classes is appropriate, in particular by establishing categories such as infrastructure;
2015/09/25
Committee: ECON
Amendment 141 #

2015/2106(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Recalls that diversity in funding means is a strength; is convinced therefore that the EU should design its own framework, building on but not replicating the system of other jurisdictions;
2015/09/25
Committee: ECON
Amendment 150 #

2015/2106(INI)

Motion for a resolution
Paragraph 10
10. Stresses the need for consistency in the risk-based approach, including sovereign exposures; supports the workwelcomes the contributions of the BCBS and ESRB in this regard; believes that a risk-based approach requires a clear regulatory framework, strong supervisor and respect of a level playing field;
2015/09/25
Committee: ECON
Amendment 174 #

2015/2106(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Is of the opinion that firms should have access to a wide range of debt instruments, inter alia, safer securitisation, private placements, direct lending platforms;
2015/09/25
Committee: ECON
Amendment 176 #

2015/2106(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Calls on the Commission to foster cross-border equity investments, as well as to set up task forces to enable convergence in insolvency law, information on SMEs and credit scoring, and consumer protection;
2015/09/25
Committee: ECON
Amendment 178 #

2015/2106(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the diversity of business models; calls for a differentiationrecognises the need to reflect this diversity in regulation and supervision regarding the nature, size, riskiness and complexity of entities, provided that the principles of fair competition and effective supervision are met;
2015/09/25
Committee: ECON
Amendment 195 #

2015/2106(INI)

Motion for a resolution
Paragraph 14
14. Calls for an appropriate division of competences between EU and national level, bearing in mind that national supervisors have more knowledge of local market characteristics; is concerned about and that supervision was transferred to EU level or euro area level in order to avoid the phenomenon of proximity, laxity or conflict of interests; asks the ECB to assess the effect ofthat a one-size-fits-all supervisory approach on smaller and primarily nationally active entities within the Single Supervisory Mechanism (SSM) could have; recalls however that it is crucial to have equivalent standards for all;
2015/09/25
Committee: ECON
Amendment 208 #

2015/2106(INI)

Motion for a resolution
Paragraph 15
15. Notes the achievements in establishing a banking union; stresses that the next priority steps hasve to be its full implementation, including full capitalisation of national Deposit Guarantee Schemes (DGS) and the Single Resolution Fund (SRF); emphasises the aim of avoiding moral hazard and, ensuring that risk-takers bear the costs when their risks materialise and preventing domino effects across the banking union;
2015/09/25
Committee: ECON
Amendment 225 #

2015/2106(INI)

Motion for a resolution
Paragraph 17
17. Acknowledges the traditional reliance of SMEs on bank funding due to their specific nature, different risk profiles and variety across Europe; calls on the Commission, in cooperation with the European Supervisory Authorities (ESAs) and the ECB, to analyse the obstacles to, and benefits of, the diversification of funding channels and how to enable banks to increase SME funding; reminds of the importance of tools like the ‘SME supporting factor’; suggests that the initiatives for improved SME funding should be expanded to mid-cap companies;
2015/09/25
Committee: ECON
Amendment 227 #

2015/2106(INI)

Motion for a resolution
Paragraph 17
17. Acknowledges the traditional reliance of SMEs on bank funding due to their specific nature, different risk profiles and variety across Europe; calls on the Commission, in cooperation with the European Supervisory Authorities (ESAs) and the ECB, to analyse the obstacles to, and benefits of, the diversification of funding channels and how to enable banks to increase SME funding; calls in this respect to consider ‘SME benchmarks’ enabling banks to compare and price credit, instead of the less realistic SME credit registry; suggests that the initiatives for improved SME funding should be expanded to mid-cap companies;
2015/09/25
Committee: ECON
Amendment 232 #

2015/2106(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Asks the Commission to embed the ‘Funding Escalator’ concept within CMU, addressing the diversity of companies’ financing needs throughout their stages of development;
2015/09/25
Committee: ECON
Amendment 266 #

2015/2106(INI)

Motion for a resolution
Paragraph 20
20. Asks the Commission and supervisors to address the interaction between International Financial Reporting Standards (IFRS) and prudential requirements, and to review the impact of tax accounting on own fundsespecially for SMEs where EU accounting standards are incompatible with IFRS, and to review the impact of tax accounting on own funds; in response to its proposals in the recent Tax Action Plan (European Commission Communication on A Fair and Efficient Corporate Tax System in the European Union: 5 Key Areas for Action), requests the Commission to address the corporate debt equity bias in order to strengthen CMU; further calls on the Commission to review the structural bias against share holdings in the Solvency II framework;
2015/09/25
Committee: ECON
Amendment 295 #

2015/2106(INI)

Motion for a resolution
Paragraph 23
23. Underlines the importance of the international framework with respect to its scope, methodologies and implications on the EU framework; calls on the Commission and ESAs to coordinate more closely with international bodies promoting EU interestsMember States, the Council, the Commission and ESAs to streamline the EU representation, with a view to increasing its influence and promoting the legislation it has adopted through a democratic process; reminds of the principle of sincere cooperation between the Union and the Member States, referred to in Article 4(3) of the Treaty on European Union;
2015/09/25
Committee: ECON
Amendment 318 #

2015/2106(INI)

Motion for a resolution
Paragraph 26
26. Believes that better financial regulation starts with Member States applying the current acquis; considers that gold-plating does not facilitate the functioning of the internal market; urges the Commission to consider a greater use of Regulations in order to underpin the Single Rulebook;
2015/09/25
Committee: ECON
Amendment 325 #

2015/2106(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Commission to ensure balanced participation in consultations by reflecting the diversity of stakeholders, as well as facilitating and providing better conditions for the participation of small stakeholders to participate;
2015/09/25
Committee: ECON
Amendment 357 #

2015/2106(INI)

Motion for a resolution
Paragraph 32
32. Stresses the need to respect the interplay, consistency and coherence between the basic acts and delegated and implementing acts; insists that the Commission and the ESAs, when drafting delegated and implementing acts and guidelines, stick to the empowerments laid down in the basic acts and respect the co- legislators’ agreement; recalls article 290 of the TFEU stating that delegated acts are meant ‘to supplement or amend certain non-essential elements of the legislative act’;
2015/09/25
Committee: ECON
Amendment 366 #

2015/2106(INI)

Motion for a resolution
Paragraph 35
35. Emphasises that an early legal review by the Commission should not reduce the transparency of the process vis-à-vis Parliament; requests that during the drafting process the ESAs proactively provide Parliament with provisional drafts;
2015/09/25
Committee: ECON
Amendment 399 #

2015/2106(INI)

Motion for a resolution
Paragraph 42 a (new)
42a. Is concerned by threats to cyber security and believes that it should be an integrated dimension of the EU strategy;
2015/09/25
Committee: ECON
Amendment 421 #

2015/2106(INI)

Motion for a resolution
Paragraph 43 – indent 8
– the effectiveness and appropriateness of the framework for retail investors, institutional investors and consumers, including the effect on access to finance for SMEs and mid-cap companies,
2015/09/25
Committee: ECON
Amendment 427 #

2015/2106(INI)

Motion for a resolution
Paragraph 43 – indent 9 a (new)
– the transparency of the legislative process, including consistency between the basic acts as adopted by the co- legislators and any associated level 2 measures,
2015/09/25
Committee: ECON
Amendment 428 #

2015/2106(INI)

Motion for a resolution
Paragraph 43 – indent 9 a (new)
– enumerate and analyse the barriers to the Single Market, including in national competencies, with a specific focus on taxation which hampers EU growth by creating regulatory arbitrage and distorting competition,
2015/09/25
Committee: ECON
Amendment 12 #

2015/2060(INI)

Draft opinion
Paragraph 3 a (new)
3a. Emphasizes the importance of a unified European voice in international institutions and bodies and calls on the Commission to propose a European code of conduct on transparency and accountability designed to guide the action of European representatives in international organisations, drawing upon existing best practices; in time this code of conduct could be used as an example by all international institutions and bodies when they create their own codes of conduct;
2015/09/29
Committee: AFCO
Amendment 15 #

2015/2060(INI)

Draft opinion
Paragraph 5 a (new)
5a. Considers that this unified and inclusive European approach could be better realised through a regular and formal 'financial dialogue' organised in the European Parliament in order to establish guidelines regarding the adoption of European positions in the run-up to major international negotiations, making sure that these positions are known and ensuring follow- up; the European institutions, the Member States and, where appropriate, the heads of the international organisations concerned would be invited to attend; the nature (public or in camera) and frequency of this dialogue would depend on practical requirements;
2015/09/29
Committee: AFCO
Amendment 16 #

2015/2060(INI)

Draft opinion
Paragraph 5 b (new)
5b. Considers that this dialogue would serve to define the negotiating remit for areas where the European Parliament is co-legislator with the Council, unifying European positions around the legislation adopted by majority vote or avoiding inconsistencies with legislation pending adoption;
2015/09/29
Committee: AFCO
Amendment 22 #

2015/2060(INI)

Motion for a resolution
Recital C
C. whereas the diversity of the legal structures and financial and operating procedures of international economic organisations make it difficult to undertake an overall monitoring; the International Monetary Fund (IMF) and the Organisation for Economic Cooperation and Development (OECD) are genuine international organisations, set up by Treaty, with broad remits and composition, while the G20, the Financial Stability Board and the Basel Committee, for example, are among the informal public bodies with limited membership, some of which have enjoyed a new impetus following the crisis, and the International Organisation of Securities Commissions (IOSCO), the International Association of Insurance Supervisors (IAIS), the International Organisation of Pension Supervisors (IOPsS) and the International Accounting Standards Board (IASB) are private specialist organisassociations of a sectoral nature with more or less involvement on the part of the sectors concerned;
2015/10/15
Committee: ECON
Amendment 26 #

2015/2060(INI)

Draft opinion
Paragraph 7
7. Believes that in the future, with due regard to the distribution of competences between the EU and its Member States and the progress made towards deepening economic and monetary union, consideration should be given to introducing unified external representation of the EU and the euro area within the IMF and other international economic forums should be ensured, in order to allow the EU to fully exploit its potential fully and to increase its relevance and influence within the global economic and financial architecture; considers it imperative that this unified representation begins with progress towards single representation of the euro area within the IMF, without prejudice to the creation of a single European Union constituency in the long term;
2015/09/29
Committee: AFCO
Amendment 27 #

2015/2060(INI)

Motion for a resolution
Recital D
D. whereas a number of informal exchanges are already taking place, albeit not on a systematic basis, between the European Parliament and certain of these organisations/bodies;
2015/10/15
Committee: ECON
Amendment 29 #

2015/2060(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for the provision of a single seat for the Council and Commission presidencies at G20 meetings, as the two current separate seats detract from Europe's external credibility;
2015/09/29
Committee: AFCO
Amendment 36 #

2015/2060(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas the common goal of all stakeholders should be to design a comprehensive framework providing financial stability and to ensure consistency between the global and local levels;
2015/10/15
Committee: ECON
Amendment 39 #

2015/2060(INI)

Motion for a resolution
Recital G b (new)
Gb. whereas the creation of new EU supervisory bodies should not automatically imply the increase of seats the EU holds in those organisations and bodies; warns that an increase of seats may lead to a situation which has undemocratic effects such as blocking minorities being more likely to occur and could create unease amongst the EU’s partners;
2015/10/15
Committee: ECON
Amendment 47 #

2015/2060(INI)

Motion for a resolution
Paragraph 2
2. Expresses concern at the lack of coherence caused by the fragmentation and diversity of the various organisations/bodies and at the delays in ensuring a level playing field at international level;
2015/10/15
Committee: ECON
Amendment 52 #

2015/2060(INI)

Motion for a resolution
Paragraph 3
3. Calls for clarification as to the remit of each organisation/body and the legal nature of their decisions;
2015/10/15
Committee: ECON
Amendment 72 #

2015/2060(INI)

Motion for a resolution
Paragraph 6
6. Regards as detrimental to the Union situations in which representatives of a Member State or national organisationauthority assume positions in international organisations/bodies that are contrary to European legislative or regulatory decisions democratically adopted by majority vote;
2015/10/15
Committee: ECON
Amendment 83 #

2015/2060(INI)

Motion for a resolution
Paragraph 7
7. Considers that the priorities of organisations and related working groups should be clarified and formally set out; takes the view, that the principle of consensus risks not only slowing down deliberations but also diluting the substance of the recommendations and that the composition of the organisations must reflect their diversity in financial, economic and supervisory terms; stresses the need to carry out ex ante impact assessmentevaluations; considers that such evaluations are without prejudice to the political prerogatives of the co-legislators;
2015/10/15
Committee: ECON
Amendment 86 #

2015/2060(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Welcomes the work done by the OECD on tax issues, especially the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project; considers that the monitoring of the implementation is the new challenge ahead; underlines that the coordination between the Commission and the Member States that are members of the Financial Action Task Force (FATF) should be improved in order for the EU to make its voice heard;
2015/10/15
Committee: ECON
Amendment 90 #

2015/2060(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Takes note that the FSB is now engaging to develop standards in the insurance sector; recognizes that the IAIS is playing an important role in global insurance policy, but stresses that involving EIOPA would have the benefit of strengthening the contribution of European insurance specific expertise and ensure that the standards developed at global level do not go against the logic the EU has been the first to develop;
2015/10/15
Committee: ECON
Amendment 96 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 1
- Calls on the Commission to draw on existing best practices to draft a European code of conduct on transparency and accountability designed to guide the action of European representatives in international organisations/bodies;
2015/10/15
Committee: ECON
Amendment 104 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 2
- Recommends, on the basis of the code, working towards global standards of transparency and accountability, regarding the statute, financing and operation of those organisations/bodies (including their relations with the sector concerned and the public, their communication and access to their documents) as well as their dialogue with the authorities;
2015/10/15
Committee: ECON
Amendment 126 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 4
- Observes that, in areas where the European Parliament is co-legislator with the Council, the dialogue would serve to define their negotiating remit, unifying European positions around the legislation adopted by majority vote or avoiding inconsistencies with legislation pending adoption; calls for particular attention to be paid to compliance by countries with the overall recommendations made by these organisations/bodies in order to create a level playing field at international level;
2015/10/15
Committee: ECON
Amendment 128 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 4 a (new)
- Calls on the Member States to accept the representation of Banking Union at the Basel Committee on banking supervision through the Single Supervisory Mechanism;
2015/10/15
Committee: ECON
Amendment 135 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 5
- Urges that the Member States to take seriously the coordination provisions of the Treaties;
2015/10/15
Committee: ECON
Amendment 147 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 6 a (new)
- underlines that it is the duty of the Commission, the Council, or where appropriate the Eurogroup, to strengthen the coordination through preparatory meetings; considers that new ad hoc working groups should be set up, if necessary, like the Economic and Financial Committee (EFC), the Eurogroup Working Group (EWG) and Economic Policy Committee (EPC);
2015/10/15
Committee: ECON
Amendment 148 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 6 b (new)
- Considers that beyond the sole case of the IMF progressive streamlining should be implemented over the next years through first enhanced coordination then through unification of the seats; believes that membership to these organisations and bodies should be made according to the respective competencies of the EU institutions and agencies, the Council/Eurogroup, and the national authorities; is of the opinion that in parallel the EU should work on the functioning of those organisations and bodies to move away from the consensus to a weighted majority voting system;
2015/10/15
Committee: ECON
Amendment 168 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 8
- Calls on the EU institutions and Member States to reflect on the practicalities of creating a global financial organisation with wide-ranging powers of recommendation, arbitration and, where appropriate, penalisation through independent panels; believes that experiences built notably in the trade sector could be used to set up these arbitration and penalisation panels;
2015/10/15
Committee: ECON
Amendment 175 #

2015/2060(INI)

Motion for a resolution
Paragraph 9 – indent 8 a (new)
- Highlights the increasing importance of the Asian Infrastructure Investment Bank and welcomes the efforts to unify the representation of the EU mainly through rotation between the Member States;
2015/10/15
Committee: ECON
Amendment 2 #

2015/2041(INI)

Motion for a resolution
Citation 1 a (new)
– having regard in particular to Articles 9 and 10 of the Treaty on the European Union (TEU) and to Article 15 of the Treaty on the Functioning of the European Union (TFEU);
2016/03/01
Committee: AFCO
Amendment 17 #

2015/2041(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas dialogue between law-makers and society is an integral part of democracy;
2016/03/01
Committee: AFCO
Amendment 35 #

2015/2041(INI)

Motion for a resolution
Paragraph 1
1. Believes that the Commission, Parliament and the Council should record and disclose all input recea voluntary ‘legislatived from lobbyists/interestootprint’ (disclosing representatives onmet concerning draft policies, laws and amendments as a ‘legislative footprint’; suggests that this) on the part of the Commission, Parliament and the Council could improve the visibility of the workings of the European institutions; this voluntarily legislative footprint shcould for example consist of a form annexed to reports, detailing all intending to detail a comprehensive list of the lobbyists with whom those in charge of a particular file have met in the process of drawing up each report and a second document listing all written input received;
2016/03/01
Committee: AFCO
Amendment 63 #

2015/2041(INI)

Motion for a resolution
Paragraph 5
5. Suggests that the Code of Conduct should be amended so as to make it mandatory for rapporteurs and committee chairs to adopt the same practice of exclusively meeting registered lobbyists and publish information on such meetings online and for rapporteurs to publish a legislative footprint;deleted
2016/03/01
Committee: AFCO
Amendment 108 #

2015/2041(INI)

Motion for a resolution
Paragraph 10
10. Considers that, when interpreting ‘inappropriate behaviour’ within the meaning of point (b) of the Code of Conduct, this expression should be taken to include turning down formal invitations to hearings or committees without sufficient reason, besides the points as established in paragraph 10 of the European Parliament decision of 15 April 2014 on the modification of the interinstitutional agreement on the Transparency Register, also include turning down formal invitations to hearings or committees without sufficient justification, as requested in the European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect (2015/2066(INI);
2016/03/01
Committee: AFCO
Amendment 120 #

2015/2041(INI)

Motion for a resolution
Paragraph 12
12. Asks the Bureau to restrict access to Parliament’s premises for non-registered organisations or individuals by making all visitors to its premises sign a declaration that they are not lobbyists falling within the scope of the register or otherwise declare their registration;deleted
2016/03/01
Committee: AFCO
Amendment 145 #

2015/2041(INI)

Motion for a resolution
Paragraph 14
14. Believes that at least 5 % set percentage of declarations should be checked each year;
2016/03/01
Committee: AFCO
Amendment 147 #

2015/2041(INI)

Motion for a resolution
Paragraph 15
15. Believes that representations of national, regional and local governments should not fall under the EU lobby register if they have their own mandatory lobby register and do not offer workspace for private or corporate actors within their representations;deleted
2016/03/01
Committee: AFCO
Amendment 199 #

2015/2041(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Believes that the Members’ declaration of financial interests form should be modified to require the declaration of net income received rather than gross, as the tax systems and social contributions differ widely between Member States; considers that this would give a much more accurate overview of the complementary sources of income which an MEP receives;
2016/03/01
Committee: AFCO
Amendment 202 #

2015/2041(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Believes that the Members’ declaration of financial interests form should be further modified to require the declaration of non-income based benefits received because of activities undertaken which are complementary to their activities as an MEP;
2016/03/01
Committee: AFCO
Amendment 210 #

2015/2041(INI)

Motion for a resolution
Paragraph 19
19. Believes that Article 3 of the Code of Conduct for Members should be rephrased to include a clear ban on Members holding side jobs or other paid work that could lead to a conflict of interest;
2016/03/01
Committee: AFCO
Amendment 213 #

2015/2041(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Considers that it would be most necessary to modify the Code of Conduct so it can include a clear definition of ‘conflict of interests’;
2016/03/01
Committee: AFCO
Amendment 221 #

2015/2041(INI)

Motion for a resolution
Paragraph 20
20. Believes that Members should have the remuneration paid to them by Parliament reduced by half of what they earn, whether as employees or self- employed persons, from any outside activity in parallel to their office as Members of the European Parliament;deleted
2016/03/01
Committee: AFCO
Amendment 249 #

2015/2041(INI)

Motion for a resolution
Paragraph 21
21. Believes that the Code of Conduct should be amended to provide for a three- year ‘cooling-off period’ during which Members may not engage in lobbying work in the area of their parliamentary responsibilitiesallow the Advisory Committee to assess a potential conflict of interest in the exercise of professional activities of the Member six months after leaving office;
2016/03/01
Committee: AFCO
Amendment 256 #

2015/2041(INI)

Motion for a resolution
Paragraph 22
22. Believes that for Members of the Commission the ‘cooling-off period’ should be extended to three years and that a two-year cooling-off period should also apply to all Commission staff involved in the drafting or implementation of EU legislation or treaties, including contract staff;deleted
2016/03/01
Committee: AFCO
Amendment 278 #

2015/2041(INI)

Motion for a resolution
Paragraph 24
24. Supports the Ombudsman’s call for entry in the lobby register to be made a requirement for appointment to expert groups provided that the Members concerned are not government officials and do not receive all or the vast majority of their other income from state institutions such as universitie; underlines the importance of avoiding conflicts of interests when appointing expert groups;
2016/03/01
Committee: AFCO
Amendment 321 #

2015/2041(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Considers that Article 15.2 of Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents has not been yet implemented; considers that the interinstitutional Committee could be an instrument to improve the efficiency of the European institutions; asks that the examination of the evolution of the access to documents should be presented before the European Parliament in a public way;
2016/03/01
Committee: AFCO
Amendment 352 #

2015/2041(INI)

Motion for a resolution
Paragraph 34
34. Believes that the chairs of Parliament’s committees shParliament negotiating team could proactively publish minutes and allthe so-called 4-column documents used in trialogues;
2016/03/01
Committee: AFCO
Amendment 355 #

2015/2041(INI)

Motion for a resolution
Paragraph 35
35. Calls on the Presidency of the Council to include all trialogue documents in the documents register to allow for access in accordance with Regulation (EC) No 1049/2001;deleted
2016/03/01
Committee: AFCO
Amendment 363 #

2015/2041(INI)

Motion for a resolution
Paragraph 35 a (new)
35a. Believes that the attribution of posts within the European Parliament, for example committee chairs, should take into account both gender balance and competence, in order to remove the link between post attribution and national delegation size within different political groups;
2016/03/01
Committee: AFCO
Amendment 371 #

2015/2041(INI)

Motion for a resolution
Paragraph 36
36. Takes the view that Members should have access to all Commission documents, where necessary and when duly justified under exceptional circumstances through a reading room;
2016/03/01
Committee: AFCO
Amendment 383 #

2015/2041(INI)

Motion for a resolution
Paragraph 38 a (new)
38a. Takes the view that a balance is needed between informing citizens about the details of potential trade deals being negotiated and the need for negotiators not to have already revealed their full negotiating positions to their negotiating partners; recalls the highly strategic nature of these negotiations;
2016/03/01
Committee: AFCO
Amendment 397 #

2015/2041(INI)

Motion for a resolution
Paragraph 40
40. Believes that, when the Commission engages in trade negotiations, it should publish the negotiation mandates, all negotiating positions, all requests and offers and all consolidated draftmake available to the European Parliament, in confidence when necessary and duly justified, all relevant texts without the risk of jeopardizing the negotiation textsand prior to each negotiation round, so that the European Parliament and national parliaments, as well as civil society organisations and the wider public, can make recommendations thereon before the negotiations are closed for comments and the agreement goes to ratification;
2016/03/01
Committee: AFCO
Amendment 399 #

2015/2041(INI)

Motion for a resolution
Paragraph 40 a (new)
40 a. Believes that when the Commission engages in trade negotiations it should publish the negotiating mandate;
2016/03/01
Committee: AFCO
Amendment 416 #

2015/2041(INI)

Motion for a resolution
Subheading 10 a (new)
Transparency and accountability concerning the EU budget
2016/03/01
Committee: AFCO
Amendment 417 #

2015/2041(INI)

Motion for a resolution
Paragraph 42 a (new)
42 a. Notes that in 2014 a total of 40 cases into EU staff and members of the institutions were concluded, underlines that this figure is low and illustrates that fraud and corruption are not endemic within the EU institutions[1a ]; __________________ 1aThe OLAF report 2014, Fifteenth report of the European Anti-Fraud Office, 1 January to 31 December 2014
2016/03/01
Committee: AFCO
Amendment 418 #

2015/2041(INI)

Motion for a resolution
Paragraph 42 b (new)
42 b. Highlights that in 2014 the highest number of potential fraud cases reported to OLAF concern the use of European Structural Funds (549 out of 1417 allegations); underlines that OLAF recommended the financial recovery of 476.5 million euros of structural funds in 2014; notes that 22.7 million euros were recovered by the relevant authorities following OLAF's recommendations in 2014; calls on Member States to prioritise the correct allocation of EU funds and to maximise efforts to recover them when they are not correctly allocated[1a ]; __________________ 1a The OLAF report 2014, Fifteenth report of the European Anti-Fraud Office, 1 January to 31 December 2014
2016/03/01
Committee: AFCO
Amendment 433 #

2015/2041(INI)

Motion for a resolution
Paragraph 45
45. Believes that the ongoing review of EU election law should include a rule that persons found guilty of corruption against the EU’s financial interests or within Member States may not run for office in the next two terms of the European Parliament;deleted
2016/03/01
Committee: AFCO
Amendment 463 #

2015/2041(INI)

Motion for a resolution
Paragraph 48
48. Supports national parliaments inviting Commissioners in order to question themfacilitate dialogue;
2016/03/01
Committee: AFCO
Amendment 5 #

2015/2040(INI)

Motion for a resolution
Recital C
C. the hearing process gives Parliament and EU citizens the opportunity to discover and evaluate the candidates’ personalities and, priorities and qualifications;
2015/04/14
Committee: AFCO
Amendment 9 #

2015/2040(INI)

Motion for a resolution
Recital D a (new)
Da. whereas equality between women and men must be ensured in all areas, including employment; whereas this requirement must be reflected in the composition of the European Commission; whereas despite repeated requests from Jean-Claude Juncker in 2014 the governments proposed a far greater number of male rather than female candidates; whereas the women who were proposed primarily come from Member States with smaller populations and the larger Member States largely ignored this requirement; whereas the only fair solution is to ask each Member State to propose two candidates, one male and one female, so that the President- designate is able to propose a high quality College with an equal number of men and women;
2015/04/14
Committee: AFCO
Amendment 14 #

2015/2040(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Recalls that article 3.3 of the TEU states that "The Union shall promote equality between women and men" and that article 23 of the Charter of Fundamental Rights of the European Union states that "Equality between women and men must be ensured in all areas, including employment, work and pay";
2015/04/14
Committee: AFCO
Amendment 15 #

2015/2040(INI)

Motion for a resolution
Paragraph 1
1. Considers that it would be useful to set a deadline by which all Member States have to put forward a candidate, so as to leave adequate time for the Commission President-elect to allocate the portfolios taking into account the working experience and background of the candidate, and for Parliament to conduct its hearings and evaluations, and asks its President to enter into discussion with the other institutions with a view to achieving this objective;
2015/04/14
Committee: AFCO
Amendment 16 #

2015/2040(INI)

Motion for a resolution
Paragraph 1
1. Considers that it would be useful to set a deadline by which all Member States have to put forward atheir candidates, one male and one female, so as to leave adequate time for the Commission President-elect to allocate portfolios and for Parliament to conduct its hearings and evaluations, and asks its President to enter into discussion with the other institutions with a view to achieving this objective;
2015/04/14
Committee: AFCO
Amendment 20 #

2015/2040(INI)

Motion for a resolution
Paragraph 2
2. Further considers that it would be desirable forthe time has come to ask each Member State to put forward at least two candidates – one male and one female – for consideration by the Commission President-elect;
2015/04/14
Committee: AFCO
Amendment 22 #

2015/2040(INI)

Motion for a resolution
Paragraph 3
3. Recalls that it is the committees which are responsible for conducting the hearings; considers, howthat all hearings should follow a uniform, public format; believer,s that whopen a vice-president of the Commission has responsibilities which are primarily horizontal, theconference of presidents meetings are not an appropriate format for Commissioner- designate hearings, in the case where a Commissioner-designate has responsibilities which impact a number of committees then joint hearing cs should exceptionally be carried out in a different format such as a meeting of the Conference of Presidents or a meeting of the Conference of Committee Chairs, providedbe organised, if this is not possible then multiple hearings should be organised with the relevant committees; considers it of the utmost importance that sueach a meeting is open to all Members and that there is adequate opportunity to address all relevant issuescommittee is able to audition the Commissioner-designate whose responsibilities are linked to their committee work;
2015/04/14
Committee: AFCO
Amendment 27 #

2015/2040(INI)

Motion for a resolution
Paragraph 4
4. Considers that it would be better to have around 25 questions, but with each questioner allowed immediate follow-up, so as to enhance the effectiveness and inquisitorial nature of the hearings;deleted
2015/04/14
Committee: AFCO
Amendment 31 #

2015/2040(INI)

Motion for a resolution
Paragraph 5
5. Considers that the following guidelines should apply for the coordinators’ evaluation meeting after the hearings: • if the coordinators unanimously approve the candidate – letter of approval; • if the coordinators unanimously reject the candidate – letter of rejection; • if coordinators representing a clear majority approve the candidate – letter stating that a large majority approve (minorities may request that it be mentioned that their group does not share the majority view); • if there is no clear majority, or there is a majority (but not a consensus) against the candidate: o first request additional information through further written questions; o if still dissatisfied – request for a further 1.5-hour hearing, with the approval of Parliament’s President; o if there is still no consensus or overwhelming majority among the coordinators – vote in committee;deleted
2015/04/14
Committee: AFCO
Amendment 40 #

2015/2040(INI)

Motion for a resolution
Paragraph 6 – indent -1 (new)
– there must be a specific section of the Parliament’s website where the Commissioner-designates’ CVs and responses to written questions must be available, in advance of the public hearings, in all the official languages of the Union;
2015/04/14
Committee: AFCO
Amendment 41 #

2015/2040(INI)

Motion for a resolution
Paragraph 6 – indent 1
– there should be a specific and visible place on Parliament’s website where the evaluations are placed within 24 hours after the hearing in accordance with the current version of the Annex XVI of the Rules of Procedure;
2015/04/14
Committee: AFCO
Amendment 44 #

2015/2040(INI)

Motion for a resolution
Paragraph 7
7. Considers that horizontal issues affecting the composition, structure and working methods of the Commission as a whole, which cannot be adequately addressed by an individual Commissioner- designate, are a matter for the Commission President-elect; considers that such issues should be addressed at meetings between the President-elect and the Conference of Presidents open to all Members (one before the hearing process has started and one after it has ended);
2015/04/14
Committee: AFCO
Amendment 16 #

2015/2035(INL)

Motion for a resolution
Citation 4 a (new)
– having regard to its previous resolutions on Parliament’s electoral procedure, and in particular its resolution of 15 July 1998 on a draft electoral procedure incorporating common principles for the election of Members of the European Parliament a __________________ 1a OJ C 292, 21.9.1998, p. 66.
2015/09/01
Committee: AFCO
Amendment 18 #

2015/2035(INL)

Motion for a resolution
Citation 4 b (new)
– having regard to the report of the Committee on Constitutional Affairs of 28 April 2011 on a proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976 (A7-0176/2011),
2015/09/01
Committee: AFCO
Amendment 30 #

2015/2035(INL)

Motion for a resolution
Recital B
B. whereas the reform of Parliament’s electoral procedure should aim at enhancing the democratic and supranational dimension of the European elections, reinforce the concept of citizenship of the Union, improve the functioning of the European Parliament and the governance of the Union, make the work of the European Parliament more legitimate and efficient, enhance the effectiveness of the system for conducting European elections, and provide for greater electoral equality for citizens of the Union;
2015/09/01
Committee: AFCO
Amendment 116 #

2015/2035(INL)

Motion for a resolution
Paragraph 1
1. Decides to reform its electoral procedure in good time before the 2019 elections, with the aim of enhancing the democratic and supranational dimension of the European elections, reinforcing the concept of citizenship of the Union, improving the functioning of the European Parliament and the governance of the Union, making the work of the European Parliament more legitimate and efficient, enhancing the effectiveness of the system for conducting European elections, and providing for greater electoral equality for citizens of the Union;
2015/09/01
Committee: AFCO
Amendment 219 #

2015/2035(INL)


Article 1 – paragraph 1
1. In each Member State, members of the European Parliament shall be elected as representatives of the citizens of the Union on the basis of proportional representation, using the list system or the single transferable vote.
2015/09/02
Committee: AFCO
Amendment 221 #

2015/2035(INL)


Article 1 a (new)
Article 1a 1. For the purpose of allocating seats among Member States in accordance with the principle of degressive proportionality pursuant to Article 14 of the Treaty on European Union, the ratio between the population of each Member State and the number of seats allocated to it, before rounding to whole numbers, shall vary in relation to the respective populations of the Member States in such a way that each Member of the European Parliament from a more populous Member State represents more citizens than each Member from a less populous Member State and, conversely, that the larger the population of a Member State, the greater its entitlement to a large number of seats. 2. Where a State accedes to the Union during a parliamentary term, it shall be allocated seats which will be added to the number of seats provided for in Article 14 of the Treaty on European Union on a transitional basis for the remainder of that parliamentary term.
2015/09/02
Committee: AFCO
Amendment 225 #

2015/2035(INL)


Article 2 a (new)
Article 2a 1. Pursuant to Article 14 of the Treaty on European Union, there shall be one additional constituency formed of the entire territory of the Union from which 25 Members shall be elected. 2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish an electoral authority to conduct and verify the electoral process of the European Union constituency referred to in paragraph 1. 3. Transnational lists of candidates for election in the European Union constituency shall be submitted by the European political parties and shall be admissible only: (a) if the candidates whose names appear on the lists in question are, in the aggregate, resident in at least one third of the Member States, and (b) if the lists in question are balanced in terms of gender. 4. Each elector shall have one supplementary vote that may be cast for the European Union-wide list. 5. Detailed arrangements for elections in the European Union constituency shall be laid down in implementing measures to be adopted in accordance with Article 14.
2015/09/02
Committee: AFCO
Amendment 227 #

2015/2035(INL)


Article 3 – paragraph 1 a (new)
1a. There shall be no minimum threshold for the allocation of seats from the European Union constituency referred to in Article 2a(1).
2015/09/02
Committee: AFCO
Amendment 229 #

2015/2035(INL)


Article 3 a (new)
Article 3a Each Member State shall set a deadline for the establishment of electoral lists at national level at least 12 weeks before the start of the electoral period referred to in Article 10(1).
2015/09/02
Committee: AFCO
Amendment 232 #

2015/2035(INL)


Article 3 a (new)
Article 3c All electoral lists must contain an equal number of men and women, with lists alternating between male and female candidates.
2015/09/02
Committee: AFCO
Amendment 236 #

2015/2035(INL)


Article 3 b (new)
Article 3b Electoral materials distributed shall include the names and logos of the national political parties of any European political parties to which they are affiliated. They shall also provide a reference to the manifesto of the European political party, if any, to which they are affiliated.
2015/09/02
Committee: AFCO
Amendment 240 #

2015/2035(INL)


Article 3 d (new)
Article 3d The rules concerning the posting of electoral materials to voters in elections to the European Parliament shall be the same as those applied for national, regional and local elections.
2015/09/02
Committee: AFCO
Amendment 241 #

2015/2035(INL)


Article 4
Each Member State may set a ceiling for candidates' campaign expensesthe campaign expenses of candidates and political parties at the national and/or regional level. The electoral authority of the Member State concerned shall set a ceiling for the campaign expenses of candidates and political parties at the European Union level.
2015/09/02
Committee: AFCO
Amendment 244 #

2015/2035(INL)


Article 5 – paragraph 1
1. The five-year term for which members of the European Parliament are elected shall begin at the opening of the first session following each election. It may be extended or curtailed pursuant to the second subparagraph of Article 101(2).
2015/09/02
Committee: AFCO
Amendment 245 #

2015/2035(INL)


Article 6 – paragraph 1
1. Members of the European Parliament shall vote on an individual and personal basis. They shall not be bound by any instructions and shall not receive a binding mandate. They shall represent all the citizens of the Union.
2015/09/02
Committee: AFCO
Amendment 246 #

2015/2035(INL)


Article 7 – paragraph 1 – indent 1
– member of the Government of a Member Statea national or regional parliament,
2015/09/02
Committee: AFCO
Amendment 247 #

2015/2035(INL)


Article 7 – paragraph 2
2. From the European Parliament elections in 2004, the office of member of the European Parliament shall be incompatible with that of member of a national parliament. By way of derogation from that rule and without prejudice to paragraph 3: – members of the Irish National Parliament who are elected to the European Parliament at a subsequent poll may have a dual mandate until the next election to the Irish National Parliament, at which juncture the first subparagraph of this paragraph shall apply; – members of the United Kingdom Parliament who are also members of the European Parliament during the five-year term preceding election to the European Parliament in 2004 may have a dual mandate until the 2009 European Parliament elections, when the first subparagraph of this paragraph shall apply.deleted
2015/09/02
Committee: AFCO
Amendment 251 #

2015/2035(INL)


Article 7 – paragraph 4
4. Members of the European Parliament to whom paragraphs 1, 2 and 3 become applicable in the course of the five-year period referred to in Article 5 shall be replaced in accordance with Article 13.
2015/09/02
Committee: AFCO
Amendment 252 #

2015/2035(INL)


Article 8 – paragraph 2 a (new)
Where, in a Member State, the turnout in the last elections to the European Parliament was below 50%, that Member State shall take action to increase the turnout and shall provide for information campaigns.
2015/09/02
Committee: AFCO
Amendment 253 #

2015/2035(INL)


Article 9
NWithout prejudice to Article 2a, no one may vote more than once in any election of members of the European Parliament. In order to ensure that this principle is respected, the European Parliament and the Council, acting by means of a regulation in accordance with the ordinary legislative procedure, shall establish an electoral roll at European Union level.
2015/09/02
Committee: AFCO
Amendment 265 #

2015/2035(INL)


Article 11
1. The Council, acting unanimously after consulting the European Parliament, shall determine the electoral period for the first elections. 2. Subsequent elections shall take place in the corresponding period in the last year of the five-year period referred to in Article 5. Should it prove impossible to hold the elections in the Community during that period, the Council acting unanimously shall, after consulting the European Parliament, determine, at least one year before the end of the five-year term referred to in Article 5, another electoral period which shall not be more than two months before or one month after the period fixed pursuant to the preceding subparagraphEuropean Parliament, after consulting the Council, shall determine the electoral period for the elections at least one year before the end of the five-year term referred to in Article 5. 3. Without prejudice to Article 196229 of the Treaty establishon the Functioning of the European CommunityUnion and Article 109 of the Treaty establishing the European Atomic Energy Community, the European Parliament shall meet, without requiring to be convened, on the first Tuesday after expiry of an interval of one month from the end of the electoral period. 4. The powers of the European Parliament shall cease upon the opening of the first sitting of the new European Parliament.
2015/09/02
Committee: AFCO
Amendment 268 #

2015/2035(INL)


Article 12
The European Parliament shall verify the credentials of mthe Members of the European Parliament. For this purpose it shall take note of the results declared officially by the Member States and shall rule on any disputes which may arise out of the provisions of this Act other than those arising out of the national provisions to which the Act referParliament on the basis of the results declared officially by the electoral authority referred to in Article 2a(2) and the Member States.
2015/09/02
Committee: AFCO
Amendment 270 #

2015/2035(INL)


Article 12 a (new)
Article 12a When former Members of the European Parliament intend to engage in an occupation during the period of 18 months after they have ceased to hold office, they shall inform the European Parliament within good time and the European Parliament shall examine the nature of the planned occupation. If the planned occupation is related to content for which the former Member in question has been responsible during his or her term of office, the European Parliament shall seek the opinion of the Ad Hoc Ethical Committee.
2015/09/02
Committee: AFCO
Amendment 274 #

2015/2035(INL)


Article 13 – paragraph 2 a (new)
2a. Where the law of a Member State provides for the temporary replacement of a member of its national parliament during the absence of that member on maternity leave, that State may decide that such provisions are to apply mutatis mutandis to the Members of the European Parliament elected in that State.
2015/09/02
Committee: AFCO
Amendment 276 #

2015/2035(INL)


Article 13 a (new)
Article 13a 1. In the case of Members of the European Parliament elected for the European Union constituency, and subject to the other provisions of this Act, appropriate procedures for the filling of any vacancy for the remainder of the five- year term of office referred to in Article 5 shall be laid down in implementing measures to be adopted in accordance with Article 14. 2. Where the law of the Union makes explicit provision for withdrawal of the mandate of a Member of the European Parliament elected on the European Union-wide list, that mandate shall end pursuant to those legal provisions. The electoral authority shall inform the European Parliament of those legal provisions. 3. Where a seat of a Member of the European Parliament elected for the European Union constituency falls vacant as a result of resignation or death, the President of the European Parliament shall immediately inform the electoral authority of that vacancy.
2015/09/02
Committee: AFCO
Amendment 278 #

2015/2035(INL)


Article 14
Should it appear necessary to adopt measures to implement this Act, the Council, acting unanimously on a proposal fromMeasures to implement this Act shall be proposed by the European Parliament, after consulting the Commission, shall adopt such measures after endeavouring to reach agreement with the European Parliament in a conciliation commitcting by a majority of its component members, and adopted by the Council, acting by a qualified majority, afteer consisulting of the Council and representativesmmission and obtaining the consent of the European Parliament.
2015/09/02
Committee: AFCO
Amendment 279 #

2015/2035(INL)


Article 15
This Act is drawn up in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all the texts being equally authentic. Annexes I and II shall form an integral part of this ActPursuant to the Accession Treaties, the Bulgarian, Czech, Croatian, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Romanian, Slovak and Slovenian versions of this Act shall also be authentic.
2015/09/02
Committee: AFCO
Amendment 280 #

2015/2035(INL)


Annex I
The United Kingdom will apply the provisions of this Act only in respect of the United Kingdom.Annex I deleted
2015/09/02
Committee: AFCO
Amendment 281 #

2015/2035(INL)


Annex II
As regards the procedure to be followed by the Conciliation Committee, it is agreed to have recourse to the provisAnnex II deleted Declarations of paragraphs 5, 6 and 7 of the procedure laid down in the joint declaration of the European Parliament, the Council and the Commission of 4 March 19751. _____________ 1n Article 14 OJ C 89, 22. 4. 1975, p. 1.
2015/09/02
Committee: AFCO
Amendment 283 #

2015/2035(INL)

Motion for a resolution
Article 7 – paragraph 1 – indent 1a (new)
– Member of a national or regional parliament,
2015/09/10
Committee: AFCO
Amendment 58 #

2015/2010(INL)

Motion for a resolution
Recital N a (new)
Na. whereas the OECD adopted comprehensive package of measures on BEPS (The OECD/G20 Base Erosion Profit Shifting (BEPS) Project); whereas the European Commission and Member States shall ensure that those are implemented as a minimum standard at Union level and remain ambitious; whereas it is of crucial importance that all Member Countries of OECD do implement them;
2015/10/13
Committee: ECON
Amendment 140 #

2015/2010(INL)

Motion for a resolution
Recital U – point i
(i) whereas a mandatory Union-wide Common Consolidated Corporate Tax Base (CCCTB) wouldill be a major step towards solving those problems associated with aggressive tax planning within the Union and should be introduced as a matter of urgency; whereas the ultimate goal should remain a full, mandatory CCCTB with possible exemptions for small- and medium-sized enterprises and companies with no cross-border activity; whereas until a full CCCTB is in place, the Commission is considering temporary measures to counteract profit shifting opportunities; whereas it is necessary to ensure that those measures, including the offsetting of cross- border losses, do not increase the risk of BEPS;
2015/10/13
Committee: ECON
Amendment 178 #

2015/2010(INL)

Motion for a resolution
Recital V – point i
(i) whereas aggressive tax planning practices may sometimes arise from the cumulative benefits of double taxation treaties concluded by different Member States, perversely resulting in double non- taxation instead; whereas the proliferation of double tax treaties signed up to by individual Member States with third countries may lead to opportunities for new loopholes; whereas international agreements regarding tax compliance, information exchange and cooperation against tax evasion should be negotiated by the European Commission on behalf of the Member States; whereas the postponement of the entry into force of FATCA and the associated IGAs between US and various Member States, should be used as an opportunity to renegotiate a Union-US agreement, replacing the bilateral agreements, and offering adequate legal safeguards for Union citizens and companies; whereas, in line with Action 15 of the OECD/G20 BEPS project, there is a need to develop a multilateral instrument for amending bilateral tax treaties;
2015/10/13
Committee: ECON
Amendment 195 #

2015/2010(INL)

Motion for a resolution
Recital V – point vii
(vii) whereas the Commission's ongoing investigations into alleged breaches of the Union state aid rules have revealed a degree of uncertainty regarding the way in which those rules should be applied; whereas to rectify this, the Commission should publish binding guidelines to clarify how it will determine instances of tax- related state aid, thereby providing more legal certainty for companies and Member States alike; whereas in the framework of modernisation of state aid regime the Commission should ensure effective ex- post control of the legality of granted state aid;
2015/10/13
Committee: ECON
Amendment 375 #

2015/2010(INL)

Motion for a resolution
Annex – title 3 – subtitle 1 – indent 1
The Commission should negotiate tax agreements with third countries on behalf of the EU instead of the current practice under which bilateral negotiations are conducted, which produce sub-optimal results. The Commission has to ensure that such agreements are in full compliance with Union law, and take measures against extraterritorial application of third country legislation within the jurisdiction of the Union and its Member States.
2015/10/13
Committee: ECON
Amendment 377 #

2015/2010(INL)

Motion for a resolution
Annex – title 3 – subtitle 1 – indent 3 a (new)
All international tax arrangements shall foresee an enforcement mechanism.
2015/10/13
Committee: ECON
Amendment 19 #

2015/0270(COD)

Proposal for a regulation
Recital -1 (new)
(-1) The clear legal basis for the creation of a Single Resolution Mechanism and a European Deposit Insurance Scheme means that the Union legal framework should be used, without the need to utilise intergovernmental agreements.
2016/12/09
Committee: AFCO
Amendment 35 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 33 a (new)
Regulation (EU) No 806/2014
Article 67
"CHAPTER 2 The Single Resolution Fund Section 1 Constitution of the Fund Article 67 General provisions 1. The Single Resolution Fund ('the Fund') is hereby established. It shall be filled in accordance with the rules on transferring the funds raised at national level towards the Fund as laid down in the Agreement. 2. The Board shall use the Fund only for the purpose of ensuring the efficient application of the resolution tools and exercise of the resolution powers referred to in Part II, Title I and in accordance with the resolution objectives and the principles governing resolution referred to in Articles 14 and 15. Under no circumstances shall the Union budget or the national budgets be held liable for expenses or losses of the Fund. 3. The owner of the Fund shall be the Board. 4. Contributions referred to in Articles 69, 70 and 71 shall be raised from entities referred to in Article 2 by the national resolution authorities and transferred to the Fund in accordance with the Agreement." 5. The Agreement shall cease to exist two years after the entry into force of this Regulation. Those of its provisions that are necessary for the proper functioning of the SRM shall be incorporated into this Regulation by that date." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481048502235&uri=CELEX:32014R0806)
2016/12/09
Committee: AFCO
Amendment 95 #

2015/0270(COD)

Draft legislative resolution
Citation 3 a (new)
– having regard to the opinion of the European Central Bank of 20 April 2016,
2016/12/20
Committee: ECON
Amendment 107 #

2015/0270(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) An appropriate level of supervision is guaranteed for all banks through the direct supervision of the SSM and the fact that at any time the SSM can decide to directly supervise any one of the "less significant" institutions to ensure that high supervisory standards are applied consistently.
2016/12/20
Committee: ECON
Amendment 108 #

2015/0270(COD)

Proposal for a regulation
Recital 4 b (new)
(4b) The Banking Union is a three- pillar system for Member States of the euro area, open to Member States whose currency is not the euro. For Member States whose currency is not the euro, coverage by the EDIS is therefore accessible only to those which have established a close cooperation with the SSM and the SRM.
2016/12/20
Committee: ECON
Amendment 130 #

2015/0270(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) The trust in deposits is a fundamental layer of confidence that underpins economic activities in all developed countries and a common concern.
2016/12/20
Committee: ECON
Amendment 138 #

2015/0270(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) It is important to underline that a European Deposit Insurance Scheme is a necessary tool, which appropriate supervision and an appropriate resolution framework renders a theoretical option. The main reason for such a scheme is to build trust.
2016/12/20
Committee: ECON
Amendment 139 #

2015/0270(COD)

Proposal for a regulation
Recital 8 b (new)
(8b) Geographical diversification is a key element to enable a sound risk allocation and management and therefore an excessive concentration of assets should be taken into account when calculating the risk contributions.
2016/12/20
Committee: ECON
Amendment 319 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 – subparagraph 1 – point b
(b) credit institutions affiliated to participating deposit-guarantee schemes and subject to Regulation (EU) No 575/2013 (CRR) and Directive No 2013/36/EU (CRDIV).
2016/12/20
Committee: ECON
Amendment 322 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 806/2014
Article 2 – paragraph 2 a (new)
2a. Unless the Commission decides that the third country protection scheme has a level strictly equivalent to the EU framework, branches of credit institutions established in third countries must join a DGS in operation in the participating Member State in which they operate.
2016/12/20
Committee: ECON
Amendment 327 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) No 806/2014
Article 3 – paragraph 1 – point 57
(57) 'available financial means of the DIF' means cash, deposits, irrevocable payment commitments available to the DIF and low-risk assets which can be liquidated within a period not exceeding that referred to in Article 8(1) of the Directive 2014/49/EU.;
2016/12/20
Committee: ECON
Amendment 330 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)Regulation (EU) No 806/2014

Article 5 – title
Relation to Directive 2014/59/EU and5a. The title of Article 5 is replaced as follows: ‘Relation to Directives 2014/49/EU and applicable national law 2014/59/EU and applicable national law’
2016/12/20
Committee: ECON
Amendment 332 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)Regulation (EU) No 806/2014

Article 5 – paragraph 1 – subparagraph -1 (new)
5b. In Article 5(1), the following new subparagraph -1 is added: ‘-1. Where, pursuant to this Regulation, the Board decides to exercise the recovery rights, which, pursuant to Directive 2014/49/EU are exercised by the DGS, the Board shall, for the application of this Regulation and of Directive 2014/49/EU, be considered to be the relevant DGS in national insolvency proceedings.’
2016/12/20
Committee: ECON
Amendment 339 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 806/2014
Article 34 – paragraph 5
9a. in Article 34, paragraph 5 is replaced by the following: ‘5. The Board, the ECB, the national competent authorities and, the national resolution authorities and the national designated authorities may draw up memoranda of understanding withfor a procedure concerning the exchange of information. The exchange of information between the Board, the ECB, the national competent authorities, and the national resolution authorities and the national designated authorities shall not be deemed to infringe the requirements of professional secrecy.
2016/12/20
Committee: ECON
Amendment 342 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)
Regulation (EU) No 806/2014
Article 38 – paragraph 2 – point c a (new)
9b. in Article 38(2), the following point (ca) is added: ‘(ca) where they intentionally or negligently fail to comply with decisions of the DGS to which they are affiliated, including a failure associated with the invoices on contributions, in accordance with Article 74e.’
2016/12/20
Committee: ECON
Amendment 433 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article -41h Entry into application of this Chapter 1. This Chapter shall apply from no earlier than the latest of the following dates: (a) the entry into force of the proposals of the European Parliament and of the Council on amending Directive 2014/59/EU of the European Parliament and of the Council, and on amending Directive 2014/59/EU on loss-absorbing and recapitalisation capacity of credit institutions and investment firms and amending Directive 98/26/EC, Directive 2002/47/EC, Directive 2012/30/EU, Directive 2011/35/EU, Directive 2005/56/EC, Directive 2004/25/EC and Directive 2007/36/EC, (b) the entry into force of the proposals on the directive of the European Parliament and of the Council amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures and the regulation of the European Parliament and of the Council amending Regulation (EU) No 575/2013 as regards the leverage ratio, the net stable funding ratio, requirements for own funds and eligible liabilities, counterparty credit risk, market risk, exposures to central counterparties, exposures to collective investment undertakings, large exposures, reporting and disclosure requirements and amending Regulation (EU) No 648/2012. 2. Without prejudice to paragraph 1, the Commission is empowered to adopt a delegated act in accordance with Article 93 in order to supplement this Regulation by establishing the exact date of application of this Chapter. That empowerment shall be based on a verification, to be conducted in (6 years after the entry into force of this regulation), of compliance with the following conditions: (a) the completion by the Commission, by 31 December 2021, of a review of the European supervisory architecture; (b) publication by the Commission, by 31 December 2023, of an assessment in relation to the entry into application of this Chapter; (c) consideration of the scope of the SSM regulation with a view to covering third country branches and non-CRR entities; (d) evaluation of the EU framework regarding the selling of bail-in instruments, with a particular focus on retail investor protection; (e) evaluation of the progress regarding an EU framework for sovereign debt. That delegated act shall set a date of application for this Chapter that shall, in any event, be no earlier than (7 years after the entry into force of this regulation) and, where that date is exceeded, no later than one year from the time all the conditions of this Article are met.
2016/12/21
Committee: ECON
Amendment 455 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41i – title
Disqualification from coverage by EDISerious failure by a participating DGS
2016/12/21
Committee: ECON
Amendment 459 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41i – paragraph 1 – introductory part
1. A participating DGS shall not be covered by EDIS in the reinsurance, co- insurance or full insurance phase, if tThe Commission, acting on its own initiative or upon a request of the Board or a participating Member State, decides and informs the Board accordingly that at least one of the following disqualifying conditions is met:
2016/12/21
Committee: ECON
Amendment 467 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41i – paragraph 1 a (new)
1a. According to the seriousness of the failure (inter alia poor performance of its duties or misconduct) of the designated authority as defined by article 2.1(18) or one of its members, the Commission may: - request for a participating Member State to suspend or definitively remove one or more of the members of the designated authority; - impose a pecuniary sanction to the participating DGS, which will be considered as revenues of Part III of the Budget as referred to in article 60a; - exclude a participating DGS from the coverage by EDIS in the reinsurance, co-insurance or full insurance phase.
2016/12/21
Committee: ECON
Amendment 501 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
regulation (EU) 806/2014
Article 41j - paragraph 2
2. The Commission, after consulting the Board, may approve a derogation from the requirements set out in paragraph 1 for duly justified reasons linked to the business cycle in the respective Member State, the impact pro-cyclical contributions may have, or to a payout event or resolution action financing which occurred at national level. Those derogations must be temporary and may be subject to the fulfilment of certain conditions.
2016/12/21
Committee: ECON
Amendment 503 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
article 41j – paragraph 2 a (new)
2a. By (...)1a , the Commission shall review the funding path and the target level referred to in Article 10(2) of Directive 2014/49/EU to take into account the funding by the DGS of measures referred to in Articles 5(2), 5(3), 6(2), 8(2), 8(3), 9(3), 10(2), 10(4), 12(1), 13(1), 15(1), 19(1) and 19(4) of that Directive. __________________ 1a2 years after the entry into force of this Regulation
2016/12/21
Committee: ECON
Amendment 507 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41j a (new)
Article 41j a Notification of measures The participating deposit guarantee schemes shall inform the Board and the Commission of any alternative measures they have taken in relation to articles 5(2), 5(3), 6(2), 8(2), 8(3), 9(3), 10(2), 10(4), 11(3), 11(6), 12(1), 13(1), 15(1), 19(1) and 19(4) of Directive 2014/49/EU. The financing of these measures is made under the strict responsibility of the participating deposit-guarantee scheme having requested their use.
2016/12/21
Committee: ECON
Amendment 561 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 22
Regulation (EU) No 806/2014
Article 52 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, the decision regarding the loss cover referred to in articles 41c, 41g and 41h(3) shall be taken by a majority of two thirds of the Board members representing at least 50 % of the available financial means referred to in Article 10 of Directive 2014/49/EU.
2016/12/21
Committee: ECON
Amendment 688 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 – introductory part
Both delegated acts shall include a calculation formula, specific indicators, risk classes for members, thresholds for risk weights assigned to specific risk classes, and other necessary elements. The degree of risk shall be assessed on the basis of the following risk mitigating or risk enhancing criteria:
2016/12/21
Committee: ECON
Amendment 696 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 – point d
(d) the quality of the institution’s assets (including a specific higher weighing for the non-performing loans and the degree of geographical concentration);
2016/12/21
Committee: ECON
Amendment 699 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 – point e
(e) the institution’s business model and management; (including a particular focus on its risk policy and cybersecurity policy). The evaluation of the management should inter alia be based on the assessment of the suitability of members of the management bodies (such as provided in Articles 93 and 94 of Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation));
2016/12/21
Committee: ECON
Amendment 711 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 - point f a (new)
(fa) the degree of interconnectedness with other similar institutions;
2016/12/21
Committee: ECON
Amendment 716 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 – point f b (new)
(fb) the efficiency of insolvency and foreclosure systems relevant for the credit institution. The evaluation of the efficiency of the systems should be based inter alia on work undertaken by the IMF and the World Bank;
2016/12/21
Committee: ECON
Amendment 717 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 – point f c (new)
(fc) the likelihood that a significant share of available financial means will be used for measures to protect covered depositors, other than as provided for in Article 11(2) and 11(6) of Directive 2014/49 and the fact that the banking sector in which the credit institutions affiliated to the DGS operate is highly concentrated with a large quantity of assets held by a small number of credit institutions or banking groups, subject to supervision on a consolidated basis which, given their size, are likely in case of failure to be subject to resolution proceedings;
2016/12/21
Committee: ECON
Amendment 718 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 5 – subparagraph 4 a (new)
The Commission may decide to further include in the criteria the alternative measures referred to in Article 11 of Directive 2014/49 provided it is demonstrated that they reduce the exposure to the DIF.
2016/12/21
Committee: ECON
Amendment 746 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 g – paragraph 1 a (new)
1a. Participating deposit-guarantee schemes as well as individual credit institutions may decide, on a strictly voluntary basis, to pay additional contributions directly to the DIF.
2016/12/21
Committee: ECON
Amendment 760 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 36
Regulation (EU) No 806/2014
Article 75 – paragraph 2
2. The amounts received from an institution under resolution or a bridge institution, the interests and other earnings on investments and any other earnings shall benefit only the SRF and the DIF, as appropriate.
2016/12/21
Committee: ECON
Amendment 761 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 36
Regulation (EU) No 806/2014
Article 75 – paragraph 3
3. The Board shall have a prudent and safe investment strategy that is provided for in the delegated acts adopted pursuant to paragraph 4 of this Article, and shall invest the amounts held in the SRF and the DIF in obligations of the Member States or intergovernmental organisations, or in highly liquid assets of high creditworthiness, taking into account the delegated act referred to in Article 460 of Regulation (EU) No 575/2013 as well as other relevant provisions of that Regulation. Investments shall be sufficiently sectorally, geographically and proportionally diversified. The return on those investments shall benefit the SRF and the DIF respectively, strictly respecting the proportion of the amount invested on behalf of each of those funds.
2016/12/21
Committee: ECON
Amendment 776 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 a (new)
Regulation (EU) No 806/2014
Article 79 a (new)
The following Article 79 a is inserted: “Article 79a Information of depositors Entities referred to in Article 2 paragraph 2 shall inform the depositors of their coverage by the EDIS. Building on Article 16 of Directive 2014/49/EU, the Commission shall be empowered to adopt delegated acts in accordance with Article 93 to specify the following: – practical modalities of information by the entities; – practical enforcement modalities of this obligation; – cases of abuse by entities not participating in the EDIS or cases of exclusions.”
2016/12/21
Committee: ECON
Amendment 784 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 40
Regulation (EU) No 806/2014
Article 99 – paragraph 5 b (new)
5b. In view of the assumption of the implementation of the stages referred to in Article 1(2), and before the first stage of this Regulation, the SRB shall require the national competent authorities and the participating DGSs to provide all relevant information for the SRB to carry out a comprehensive assessment of the credit institutions of the participating Member States. The SRB shall repeat this assessment before implementing the ultimate stage foreseen by this Regulation. It shall do so in cooperation with the EBA. The assessment should include the results of the stress tests referred to in Article 4(10) of Directive 2014/49/EU. It shall cover the functioning of the system, including communication between the SRB and the relevant national authorities. The SRB should inform the European Parliament, the Council and the relevant national authorities of the results and, where appropriate, formulate proposals to improve the system.
2016/12/21
Committee: ECON
Amendment 787 #

2015/0270(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 41 Regulation (EU) No 806/2014
41. throughout Regulation (EU) No 806/2014, the word "the Fund" is replaced with "the SRF" except in Article 41(4) where the words "the Fund" shall be replaced by "the SRF and the DIF, as appropriate".
2016/12/21
Committee: ECON
Amendment 511 #

2015/0268(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 – introductory part
1. Information may be incorporated by reference in a prospectus or a base prospectus where it has been previously or simultaneously published electronically, drawn up in a language fulfilling the requirements of Article 25 and where it is contained in one of the following documentsfiled in the context of disclosure requirements of Union law or filed under the rules of the trading venue or SME growth market, for example:
2016/04/21
Committee: ECON
Amendment 512 #

2015/0268(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 – point a
(a) documents which have been approved by thea competent authority of the home Member State, or filed with it, in accordance with this Regulation;
2016/04/21
Committee: ECON
Amendment 514 #

2015/0268(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 a (new)
The above mentioned list shall be non- exhaustive.
2016/04/21
Committee: ECON
Amendment 624 #

2015/0268(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part
1. Without prejudice to the supervisory and investigatory powers of competent authorities under Article 30, and the right of Member States to provide for and impose criminal sanctions, Member States shall, in conformity with national law, provide for competent authorities to have the power to take appropriate administrative measures and impose administrative sanctions, which shall be effective, proportionate and dissuasive. Those administrative measures and sanctions shall apply at least forto:
2016/04/21
Committee: ECON
Amendment 132 #

2015/0226(COD)

Proposal for a regulation
Recital 10
(10) It is essential that competent authorities work closely together to ensure a common and consistent understanding of the STS requirements throughout the Union and to address potential interpretation issues. In the light of this objective, the three ESAs should, in the framework of the Joint Committee of the European Supervisory Authorities within which a new securitisation committee shall be set up, coordinate their work and that of the competent authorities to ensure cross- sectoral consistency and assess practical issues which may arise with regards to STS securitisations. In doing so, the views of market participants should also be requested and taken into account to the extent possible. The outcome of these discussions should be made public on the websites of the ESAs so as to help originators, sponsors, SSPEs and investors assess STS securitisations before issuing or investing in such positions. Such a coordination mechanism would be particularly important in the period leading to the implementation of this Regulation.
2016/07/27
Committee: ECON
Amendment 146 #

2015/0226(COD)

Proposal for a regulation
Recital 13
(13) The ability of investors to exercise due diligence and thus make an informed assessment of the creditworthiness of a given securitisation instrument depends on their access to information on those instruments.. Based on the existing acquis, it is important to create a comprehensive system under which investors will have access to all the relevant information over the entire life of the transactions and to reduce originators,’ and sponsors and SSPEs' reporting tasks and to facilitate investors' continuous; easy and free access to reliable information on securitisations.
2016/07/27
Committee: ECON
Amendment 150 #

2015/0226(COD)

Proposal for a regulation
Recital 14
(14) Originators, and sponsors and SSPE's should make all materially relevant data on the credit quality and performance of underlying exposures available in the investor report, including data allowing investors to clearly identify delinquency and default of underlying debtors, debt restructuring, debt forgiveness, forbearance, repurchases, payment holidays, losses, charge offs, recoveries and other asset performance remedies in the pool of underlying exposures. Data on the cash flows generated by underlying exposures and by the liabilities of the securitisation issuance, including separate disclosure of the securitisation position’s income and disbursements, that is scheduled principal, scheduled interest, prepaid principal, past due interest and fees and charges and any data relating to the breach of any triggers implying changes in the priority of payments or replacement of any counterparties as well as data on the amount and form of credit enhancement available to each tranche should also be made available in the investor report. Although securitisations that are simple, transparent and standardised have in the past performed well, the satisfaction of any STS requirements does not mean that the securitisation position is free of risks, nor does it indicate anything about the credit quality underlying the securitisation. Instead, it should be understood to indicate that a prudent and diligent investor will be able to analyse the risks involved in the securitisation. There should be two types of STS requirements: one for long-term securitisations and one for short-term securitisations (ABCP), which should be subject to a large extent to similar requirements with specific adjustments to reflect the structural features of these two market segments. The functioning of these markets are different with ABCP programmes relying on a number of ABCP transactions consisting of short term exposures which need to be replaced once matured. In addition, STS criteria need also to reflect the specific role of the sponsor providing liquidity support to the ABCP conduits.
2016/07/27
Committee: ECON
Amendment 154 #

2015/0226(COD)

Proposal for a regulation
Recital 18
(18) To ensure that investors perform robust due diligence and to facilitate the assessment of underlying risks, it is important that securitisation transactions are backed by pools of exposures that are homogenous in asset type, such as pools of residential loans, pools of commercial loans, leases and credit facilities to undertakings of the same category to finance capital expenditureproperty loans to individuals, property loans secured on commercial property, consumer loans made to individuals for personal, family or household consumption purposes, financial contracts for business operations, pools of auto loans and leases to borrowers or lessees or loans and pools of credit facilities to individuals for personal, family or household consumption purposthe purpose of financing the purchase of a motor vehicle (including loans, leases and hire purchase contracts), loans entered into with motor dealers to fund the purchase or retention of stock, loans to SMEs, loans to corporate entities (excluding SMEs), trade receivables and equipment leases (excluding leases of cars, vans, trucks and motorbikes).
2016/07/27
Committee: ECON
Amendment 161 #

2015/0226(COD)

Proposal for a regulation
Recital 21
(21) Where a securitisation no longer meets the STS requirements, the originator, and sponsor and SSPE should immediately notify ESMA. Moreover, where a competent authority has imposed administrative sanctions or remedial measures with regard to a securitisation notified as being STS, that competent authority should immediately notify ESMA for its indication on the STS notifications list allowing investors to be informed about such sanctions and about the reliability of STS notifications. It is therefore in the interest of originators, and sponsors and SSPE's to make well-considered notifications due to reputational consequences.
2016/07/27
Committee: ECON
Amendment 163 #

2015/0226(COD)

Proposal for a regulation
Recital 22
(22) Investors should perform their own due diligence on investments commensurate with the risks involved but they should be able to rely on the STS notifications and on the information provided by the originator, and sponsor and SSPE on STS compliance. They should not, however, solely and mechanistically rely on such a notification, nor on the information provided by the originator and sponsor.
2016/07/27
Committee: ECON
Amendment 165 #

2015/0226(COD)

Proposal for a regulation
Recital 23
(23) The involvement of third parties in helping to check compliance of a securitisation with the STS requirements may be useful for investors, originators, sponsors and SSPE's and could contribute to increase confidence in the market for STS securitisations. Originators and sponsors should also use the services of a third party authorised in accordance with this Regulation to assess whether their securitisation complies with the STS criteria. Such bodies must be subject to regulatory oversight. The notification to ESMA and the subsequent publication on ESMA's website should mention that STS compliance was confirmed by an authorised third-party. However, it is essential that investors make their own assessment, take responsibility for their investment decisions and do not mechanistically rely on such third parties.
2016/07/27
Committee: ECON
Amendment 176 #

2015/0226(COD)

Proposal for a regulation
Recital 37
(37) For securitisation positions outstanding as of the date of entry into force of this Regulation, originators, sponsors and SSPEs may use the designation 'STS' provided that the securitisation complies with the STS requirements. Therefore, originators, sponsors and SSPEs should be able to submit an STS notification pursuant to Article 14 (1) of this Regulation to ESMA. Any subsequent modifications to the securitisation should be accepted provided that it meets all of the applicable STS requirements.
2016/07/27
Committee: ECON
Amendment 188 #

2015/0226(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) 're-securitisation' means securitisation where the risk associated with an underlying pool of exposures is tranched and at least one of the underlying exposures is a securitisation position;
2016/07/27
Committee: ECON
Amendment 190 #

2015/0226(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) 'sponsor' means a credit institution or investment firm as defined in Article 4(1) points (1) and (2) of Regulation (EU) No 2013/575 other than an originator that establishes and manages an asset-backed commercial paper programme or other securitisation transaction or scheme that purchases exposures from third-party entities. For the purpose of this definition, a sponsor shall also be considered to manage a securitisation transaction or scheme where that transaction or scheme involves day-to-day active portfolio management which is delegated to an entity authorised to perform such activity in accordance with Directive 2014/65/EU, Directive 2011/61/EU or Directive 2009/65/EC;
2016/07/27
Committee: ECON
Amendment 203 #

2015/0226(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 11
(11) 'investor' means a person holding a securities resulting from a securitisasation position;
2016/07/27
Committee: ECON
Amendment 207 #

2015/0226(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
(18 a) 'management company' means a company, the regular business of which is the management of the SSPE;
2016/07/27
Committee: ECON
Amendment 208 #

2015/0226(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
(18 a) 'securitisation position' means a credit-risk exposure to a securitisation;
2016/07/27
Committee: ECON
Amendment 215 #

2015/0226(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. An institutional investor shall verify before becoming exposed to a securitisation position that:
2016/07/27
Committee: ECON
Amendment 222 #

2015/0226(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) the originator, sponsor and SSPE, where applicable, make available the information required by Article 5 of this Regulation in accordance with the frequency and modalities provided in that Article;
2016/07/27
Committee: ECON
Amendment 224 #

2015/0226(COD)

Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. Before becoming exposed to a securitisation position, institutional investors shall also carry out a due diligence assessment commensurate with the risks involved including at least the following aspects:
2016/07/27
Committee: ECON
Amendment 228 #

2015/0226(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Institutional investors that are exposed to a securitisation position shall at least:
2016/07/27
Committee: ECON
Amendment 234 #

2015/0226(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a. Where an institutional investor has given another institutional investor authority to make investment management decisions that might expose it to a securitisation position, the institutional investor may instruct that managing party to fulfil its obligations under this Article in respect of any exposure to a securitisation arising from those decisions. Member States shall ensure that where an institutional investor is instructed under this paragraph to fulfil the obligations of another institutional investor and fails to do so, any sanction that may be imposed for the purposes of Article 17 and 18 of this Regulation can be imposed on the managing institutional investor and not the institutional investor who is exposed to the securitisation.
2016/07/27
Committee: ECON
Amendment 241 #

2015/0226(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
The originator, sponsor or the original lender of a securitisation shall retain on an ongoing basis a material net economic interest in the securitisation of not less than 5 %, which shall be measured at the origination and shall be determined by the notional value for off-balance sheet items. Where the originator, sponsor or the original lender have not agreed between them who will retain the material net economic interest, the originator shall retain the material net economic interest. There shall be no multiple applications of the retention requirements for any given securitisation. The material net economic interest shall be measured at the origination and shall be determined by the notional value for off-balance sheet items. The material net economic interest shall not be split amongst different types of retainers and not be subject to any credit risk mitigation or hedging.
2016/07/27
Committee: ECON
Amendment 281 #

2015/0226(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. The originator, and sponsor and SSPE of a securitisation shall, in accordance with paragraph 2, make at least the following information available to holders of a securitisation position and to the competent authorities referred to in Article 15 of this Regulation.
2016/07/27
Committee: ECON
Amendment 283 #

2015/0226(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) information on the exposures underlying the securitisation on a quarterly basis, or, in the case of ABCP, summary information on the underlying receivables or credit claims on a monthly basis;. Summary information on the underlying receivable or credit claims shall be general information at the program level regarding the types of exposures transferred to the ABCP conduit and other information relating to each category of exposures. It shall not be information relating to individual exposures. The originator, sponsor or SSPE may provide additional information beyond the requirements in this Article if they wish to do so, including in the case of ABCP.
2016/07/27
Committee: ECON
Amendment 289 #

2015/0226(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e – point i
(i) all materially relevant data on the credit quality and performance of underlying exposures. In the case of ABCP this data may be general data by category of assets;
2016/07/27
Committee: ECON
Amendment 295 #

2015/0226(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g – point v – paragraph 4 a (new)
Originators and sponsors should comply with the provisions in this article to the extent permissible under relevant national and Union law governing the processing of personal data and confidentiality of information.
2016/07/27
Committee: ECON
Amendment 299 #

2015/0226(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. The originator, and sponsor and SSPE of a securitisation shall designate amongst themselves one entity to fulfil the information requirements pursuant to paragraph 1. The originator, and sponsor and SSPE shall ensure that the information is available free of charge to the holder of a securitisation position and competent authorities, in a timely and clear manner. The entity designated to fulfil the requirements set out in paragraph 1 shall make the information available by means of a website which shall;
2016/07/27
Committee: ECON
Amendment 303 #

2015/0226(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point a
(a) the information that the originator, and sponsor and SSPE should provide to comply with their obligations under paragraph 1(a) and (d) and the format thereof by means of standardised templates;
2016/07/27
Committee: ECON
Amendment 313 #

2015/0226(COD)

Proposal for a regulation
Article 6 – paragraph 1
Originators, and sponsors and SSPE's shall use the designation "STS" or a designation that refers directly or indirectly to these terms for their securitisation only where the securitisation meets all the requirements of Section 1 or Section 2 of this Regulation, and they have notified ESMA pursuant to Article 14 (1).
2016/07/27
Committee: ECON
Amendment 314 #

2015/0226(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a. A management company authorised by the competent authority of its home member state shall perform the following functions for a "STS" SSPE: (a) manage the risks of the SSPE; (b) check STS compliance; (c) manage conflicts of interest; (d) perform administration functions: legal and SPPE accounting services; customer inquiries; valuation and pricing; regulatory compliance monitoring; distribution of income (payment waterfall); contract settlements; check asset eligibility; record keeping.
2016/07/27
Committee: ECON
Amendment 315 #

2015/0226(COD)

Proposal for a regulation
Article 6 – paragraph 1 b (new)
1b. Without prejudice to other conditions of general application laid down by national law, the competent authorities shall not grant authorisation to a management company unless the following conditions are met: (a) the persons who effectively conduct the business of a management company are of sufficiently good repute and are sufficiently experienced; (b) the application for authorisation is accompanied by a programme of activity setting out, at least, the organisational structure of the management company; and (c) the head office and the registered office of the management company are located in the same Member State.
2016/07/27
Committee: ECON
Amendment 316 #

2015/0226(COD)

Proposal for a regulation
Article 6 – paragraph 1 c (new)
1c. ESMA shall develop draft regulatory technical standards specifying the role and the authorisation conditions of the management company. ESMA shall submit those draft regulatory technical standards to the Commission by ... [ 6 months after the entry into force of this Regulation]. 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.
2016/07/27
Committee: ECON
Amendment 320 #

2015/0226(COD)

Proposal for a regulation
Article 7 – paragraph 1
Securitisations, except ABCP securitisations, that meet the requirements in Article 7(a) or the requirements in Articles 8, 9 and 10 of this Regulation shall be considered 'STS'.
2016/07/27
Committee: ECON
Amendment 324 #

2015/0226(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
Securitisations, excluding ABCP programmes and transactions, sold to investors after 1 January 2011 and before the date of entry into force of this Regulation will, from the time they are the subject of a notification pursuant to Article 14(1), be considered "STS" provided that: (a) they met at the time of issuance, the requirements set out in Article 8(1) to (5) and (7) to (9) and Article 9(1) and (3); (b) they meet, from the time of the Article 14(1) notification, the requirements set out in Article 8(2), (6), Article 9(2), (4) to (8) and Article 10(1) to (4).
2016/07/27
Committee: ECON
Amendment 325 #

2015/0226(COD)

Proposal for a regulation
Article 7 – paragraph 1 b (new)
(1) Upon notification by a national competent authority or ESMA to the relevant originator or sponsor of a securitisation that was the subject of notification in accordance with Article 14(1) that the notifying entity is not satisfied that such a securitisation continues to meet the STS requirements, the originator or sponsor shall have two months from the date of such a notification to remedy the situation to the satisfaction of the notifying authority and shall make investors aware of the notification. (2) During the two month period following a notification by a national competent authority or ESMA in accordance with Article 7(1b)(1) the securitisation that was the subject of such notification shall not lose its STS- compliant status. (3) If, within two months of the notification referred to in Article 7(1b) (1), the situation has been remedied to the satisfaction of the relevant competent authority, then such a securitisation shall continue to be deemed STS-compliant. (4) Notwithstanding the provisions in Article 7(1b) (2) and 7(1b) (3), if the competent authority deems that the retention of STS-compliant status would put at risk the integrity of the STS label, or financial stability, it is authorised to remove the STS status of the securitisation. (5) The provisions of this article shall not limit the rights to impose any sanctions envisaged in Articles 17 and 18.
2016/07/27
Committee: ECON
Amendment 330 #

2015/0226(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The securitisation shall be backed by a pool of underlying exposures that are homogeneous in terms of asset type. Residential property loans to individuals, property loans secured on commercial property, consumer loans made to individuals for personal, family or household consumption purposes, financial contracts for the purpose of financing the purchase of a motor vehicle (including loans, leases and hire purchase contracts), loans entered into with motor dealers to fund the purchase or retention of stock, loans to SMEs, loans to corporate entities (excluding SMEs), trade receivables and equipment leases (excluding leases of cars, vans, trucks and motorbikes) should be understood as being homogeneous. A pool of underlying exposures shall only comprise one asset type. The underlying exposures shall be contractually binding and enforceable obligations with full recourse to debtors, with defined periodic payment streams relating to rental, principal, interest payments, or related to any other right to receive income from assets warranting such payments. The underlying exposures shall not include transferable securities, as defined in Directive 2014/65/EU.
2016/07/27
Committee: ECON
Amendment 358 #

2015/0226(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The originator, and sponsor, and SSPE shall provide access to data on static and dynamic historical default and loss performance, such as delinquency and default data, for substantially similar exposures to those being securitised to the investor before investing. Those data shall cover a period no shorter than seven years for non-retail exposures and five years for retail exposures. The basis for claiming similarity shall be disclosed.
2016/07/27
Committee: ECON
Amendment 361 #

2015/0226(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. The originator or sponsor shall providmake available a liability cash flow model to investors, both before the pricing of the securitisation and on an ongoing basis.
2016/07/27
Committee: ECON
Amendment 364 #

2015/0226(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. The originator, and sponsor and SSPE shall be jointly responsible for compliance with Article 5 of this Regulation and shall makebe responsible for ensuring that all information required by Article 5(1) (a) is made available to potential investors before pricing. The originator, and sponsor and SSPE shall makeshall be responsible for ensuring that the information required by Article 5 (1) (b) to (e) is made available before pricing at least in draft or initial form, where permissible under Article 3 of Directive 2003/71/EC. The originator, and sponsor and SSPE shall makeshall be responsible for ensuring that the final documentation is made available to investors at the latest 15 days after closing of the transaction.
2016/07/27
Committee: ECON
Amendment 378 #

2015/0226(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Transactions within an ABCP programme shall be backed by a pool of underlying exposures that are homogeneous in terms of asset type and shall have a remaining weighted average life of no more than twohree years and none shall have a residual maturity of longer than threesix years. The underlying exposures shall not include loans secured by residential or commercial mortgages or fully guaranteed residential loans, as referred to in paragraph 1(e) of Article 129 of Regulation (EU) No 575/2013. The underlying exposures shall contain contractually binding and enforceable obligations with full recourse to debtors with defined payment streams relating to rental, principal, interest, or related to any other right to receive income from assets warranting such payments. The underlying exposures shall not include transferable securities, as defined in Directive 2014/65/EU.
2016/07/27
Committee: ECON
Amendment 403 #

2015/0226(COD)

Proposal for a regulation
Article 13 – paragraph 8
8. The originator, and sponsor and SSPE shall be jointly responsible for compliance at ABCP programme level with Article 5 of this Regulation and shall makeensure that all information required by Article 5(1) (a) is made available to potential investors before pricing. The originator, and sponsor and SSPE shall makeshall ensure that the information required by Article 5 (1) (b) to (e) is made available before pricing at least in draft or initial form, where permissible under Article 3 of Directive 2003/71/EC. The originator, and sponsor and SSPE shall makeshall ensure that the final documentation is made available to investors at the latest 15 days after closing of the transaction
2016/07/27
Committee: ECON
Amendment 410 #

2015/0226(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Originators, and sponsors and SSPE's shall jointly notify ESMA by means of the template referred to in paragraph 5 of this Article that the securitisation meets the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation ('STS notification'). ESMA shall publish the STS notification on its official website pursuant to paragraph 4. They shall also inform their competent authority. The originator, and sponsor and SSPE of a securitisation shall designate amongst themselves one entity to be the first contact point for investors and competent authorities.
2016/07/27
Committee: ECON
Amendment 414 #

2015/0226(COD)

Proposal for a regulation
Article 14 – paragraph 1 a (new)
1a. The originator and sponsor shall use the service of a third party authorized in accordance with Article 14a to assess whether a securitisation complies with the criteria in Articles 7-10 or 11-13, the STS notification shall include a statement that the compliance with the STS criteria was confirmed by that third party. The notification shall include the name of the authorised third party, its place of establishment and the name of the competent authority that authorised it.
2016/07/27
Committee: ECON
Amendment 421 #

2015/0226(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The originator, and sponsor and SSPE shall immediately notify ESMA and their competent authority when a securitisation no longer meets the requirements of either Articles 7 to 10 or Articles 11 to 13 of this Regulation.
2016/07/27
Committee: ECON
Amendment 425 #

2015/0226(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. ESMA shall maintain a list of all securitisations for which the originators, and sponsors and SSPEs have notified that they meet the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation on its official website. ESMA shall update the list where the securitisations are no longer considered to be STS following a decision of competent authorities or a notification by the originator, or sponsor or SSPE. Where the competent authority has imposed administrative sanctions or remedial measures in accordance with Article 17, it shall immediately notify ESMA thereof. ESMA shall immediately indicate on the list that a competent authority has imposed administrative sanctions or remedial measures in relation to the securitisation concerned.
2016/07/27
Committee: ECON
Amendment 427 #

2015/0226(COD)

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
ESMA, in close cooperation with EBA and EIOPA, shall develop draft regulatory technical standards that specify the information that the originator, and sponsor and SSPEmust provide to comply with their obligations under paragraph 1, and shall provide the format by means of standardised templates.
2016/07/27
Committee: ECON
Amendment 429 #

2015/0226(COD)

Proposal for a regulation
Article 14 a (new)
Article 14 a Third party verifying STS compliance 1. A third party referred to in Article 14(1a) shall be authorised by the competent authority to assess the compliance of securitisations with the STS criteria laid down in Articles 7 to 10 or Articles 11 to 13. The competent authority shall grant the authorisation if the following conditions are met: (a) the third party only charges non- discriminatory and cost-based fees to the originators, sponsors or SSPEs involved in the securitisations which the third party assesses without differentiating fees depending on, or correlated to, the results of its assessment; (b) the third party is neither a regulated entity as defined in Article 2(4) of Directive 2002/87/EC nor a credit rating agency as defined in Article 3(1) point (b) of Regulation (EC) No 1060/2009, and the performance of the third party's other activities shall not compromise the independence or integrity of its assessment; (c) the third party shall not provide any form of advisory, audit or equivalent service to the originator, sponsor or SSPE involved in the securitisations which the third party assesses; (d) the members of the management body of the third party have professional qualifications, knowledge and experience that are adequate for the task of the third party and they are of good repute and integrity; (e) the management body of the third party includes at least one third, but no less than two, independent directors; (f) the third party takes all necessary steps to ensure that the verification of STS compliance is not affected by any existing or potential conflicts of interest or business relationship involving the third party, its shareholders or members, managers, employees or any other natural person whose services are placed at the disposal or under the control of the third party. To that end, the third party shall establish, maintain, enforce and document an effective internal control system governing the implementation of policies and procedures to identify and prevent potential conflicts of interest. Potential or existing conflicts of interest which have been identified shall be eliminated or mitigated and disclosed without delay. The third party shall establish, maintain, enforce and document adequate procedures and processes to ensure the independence of the assessment of STS compliance. The third party shall periodically monitor and review those policies and procedures in order to evaluate their effectiveness and assess whether it is necessary to update them; and (g) the third party can demonstrate that it has proper operational safeguards and internal processes that enable it to assess STS compliance. The competent authority shall withdraw the authorisation when it considers the third party to be materially non-compliant with the above conditions. 2. A third party authorised in accordance with paragraph 1 shall notify its competent authority without delay of any material changes to the information provided under that paragraph, or any other changes that could reasonably be considered to affect the assessment of its competent authority. 3. The competent authority may charge cost-based fees to the third party referred to in paragraph 1, in order to cover necessary expenditure relating to the assessment of applications for authorisation and to the subsequent monitoring of the compliance with the conditions set out in paragraph 1. 4. ESMA shall draw up and maintain a list of all authorised third parties, based on transmission of the authorisation from competent authorities to ESMA. 5. ESMA shall develop draft regulatory technical standards specifying the information to be provided to the competent authorities in the application for the authorisation of a third party in accordance with paragraph 1. ESMA shall submit those draft regulatory technical standards to the Commission by [six months after entry into force of this Regulation]. 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.
2016/07/27
Committee: ECON
Amendment 435 #

2015/0226(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The competent authority shall regularly review the arrangements, process and mechanisms implemented by originators, sponsors, SSPE's and original lenders to comply with this Regulation.
2016/07/27
Committee: ECON
Amendment 437 #

2015/0226(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Competent authorities shall ensurequire that risks arising from securitisation transactions, including reputational risks, are evaluated and addressed through appropriate policies and procedures of originators, sponsors, SSPE's and original lenders.
2016/07/27
Committee: ECON
Amendment 445 #

2015/0226(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) an originator, or sponsor and SSPE have failed to meet the requirements of Article 5;
2016/07/27
Committee: ECON
Amendment 447 #

2015/0226(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1
an originator, or sponsor and SSPE have failed to meet the requirements of Articles 7 to 10 or Articles 11 to 13 of this Regulation .
2016/07/27
Committee: ECON
Amendment 448 #

2015/0226(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1 a (new)
an originator or sponsor, in contravention of Article 6 of this Regulation, uses the designation 'STS' for their securitisation, other than while the securitisation meets all the requirements of either Articles 7 to 10 or Articles 11 to 13 of this Regulation;
2016/07/27
Committee: ECON
Amendment 449 #

2015/0226(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c – paragraph 1 b (new)
an originator or sponsor makes a misleading notification pursuant to Article 14(1) of this Regulation.
2016/07/27
Committee: ECON
Amendment 459 #

2015/0226(COD)

Proposal for a regulation
Article 21 – paragraph 1 a (new)
1a. A specific Securitisation committee within the framework of the joint- committee of the European Supervisory Authorities shall be set up, within which competent authorities shall closely coordinate, in order to carry out their duties pursuant to Articles 16 to 19 of this Regulation.
2016/07/27
Committee: ECON
Amendment 460 #

2015/0226(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Where a competent authority finds that this Regulation has been infringed or has reason to believe so, it shall inform the competent supervisorauthority of the originator, sponsor, original lender, SSPE or investor of its findings in a sufficient detailed manner. The competent authorities concerned shall closely coordinate their supervision andin order to ensure consistent decisions and the competent authority finding the infringement should notify ESMA.
2016/07/27
Committee: ECON
Amendment 461 #

2015/0226(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. Where the infringement referred to in paragraph 3 concerns, in particular, an incorrect or misleading notification pursuant to Article 14 (1) of this Regulation, the competent authority finding that infringement shall also notify without delay ESMA, EBA and EIOPA of its findings.
2016/07/27
Committee: ECON
Amendment 463 #

2015/0226(COD)

Proposal for a regulation
Article 21 – paragraph 5
5. Upon reception of the information referred to in paragraph 3, the competent authority shall take any necessary action to address the infringement identified and notify the other competent authorities concerned, in particular those of the originator, the sponsor, SSPE and the competent authorities of the holder of a securitisation position, when known. In case of disagreement between the competent authorities, the matter may be referred to ESMA and the procedure of Article 19 and, where applicable, Article 20 of Regulation (EU) No 1095/2010 shall apply.
2016/07/27
Committee: ECON
Amendment 469 #

2015/0226(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. In respect of securitisation positions outstanding as of ... [date of entry into force of this Regulation], originators, and sponsors and SSPEs may use the designation 'STS' or a designation that refers directly or indirectly to these terms only where the requirements set out in Article 6 of this Regulation are complied with.
2016/07/27
Committee: ECON
Amendment 473 #

2015/0226(COD)

Proposal for a regulation
Article 28 – paragraph 6
6. Until the moment that the regulatory technical standards to be adopted by the Commission pursuant to Article 5 (3) of this Regulation are of application, originators, and sponsors and SSPE's shall, for the purposes of the obligations set out in points (a) and (e) of Article 5 (1) of this Regulation, make the information mentioned by Annexes I to VIII of Commission Delegated Regulation (EU) No 2015/3 available to the website referred to in Article 5 (2).
2016/07/27
Committee: ECON
Amendment 481 #

2015/0226(COD)

Proposal for a regulation
Article 30 – paragraph 1
By [four... [three years after entry into force of this Regulation] the Commission shall present a report to the European Parliament and the Council on the functioning of this Regulation, accompanied, where appropriate, by a legislative proposal. The report shall take into consideration international developments in the area of securitisation, notably initiatives on simple, transparent and comparable securitisations, and assess whether an equivalence regime in the area of STS securitisations could be introduced for third country originators, sponsors and SSPEs.
2016/07/27
Committee: ECON
Amendment 79 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 242 – paragraph 1 - point 20 (new)
(20) "Balance sheet securitisation" means balance sheet securitisation as defined in point 18a of Article 2 of Regulation (EU) .../... [Securitisation Regulation]
2016/09/06
Committee: ECON
Amendment 86 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 paragraph 1 point aa (new)
(aa) By derogation from point a, where the institution has been granted permission to use the Internal Assessment Approach in accordance with Article 265, the risk- weight that institution would assign to a liquidity facility that completely covers the ABCP issued under the programme is equal to or smaller than 100 %;
2016/09/06
Committee: ECON
Amendment 90 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 1
(b) the aggregate exposure value of all exposures to a single obligor at ABCP programme level does not exceed 1% of the aggregate exposure value of all exposures within the ABCP programme at the time the exposures were added to the ABCP programme. For the purposes of this calculation, loans or leases to a group of connected clients as referred to in Article 4(1) point (39), to the best knowledge of the sponsor, shall be considered as exposures to a single obligor.
2016/09/06
Committee: ECON
Amendment 91 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 2
In the case of trade receivables, point (b)the first subparagraph shall not apply where the credit risk of those trade receivables is fully covered by eligible credit protection in accordance with Chapter 4, provided that in that case the protection provider is an institution, an insurance undertaking or a reinsurance undertaking. For the purposes of this subparagraph, only the portion of the trade receivables remaining after taking into account the effect of any purchase price discount and overcollateralisation shall be used to determine whether they are fully covered and whether the concentration limit is met.
2016/09/06
Committee: ECON
Amendment 92 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 1 – point b – subparagraph 2 a (new)
The same shall apply to securitised residual leasing values that are not exposed to refinancing or resell risk due to an effective undertaking by a third party to repurchase or refinance the exposure at a certain amount.
2016/09/06
Committee: ECON
Amendment 96 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 2 – point b
(b) at the time of inclusion in the securitisation, the aggregate exposure value of all exposures to a single obligor in the pool does not exceed 12 % of the exposure values of the aggregate outstanding exposure values of the pool of underlying exposures. For the purposes of this calculation, loans or leases to a group of connected clients, as referred to in point (39) of Article 4(1), shall be considered as exposures to a single obligor;
2016/09/06
Committee: ECON
Amendment 97 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 243 – paragraph 2 – point c
(c) at the time of their inclusion in the securitisation, the underlying exposures meet the conditions for being assigned, under the Standardised Approach and taking into account any eligible credit risk mitigation, a risk weight equal to or smaller than: (i) 40% on an exposure value-weighted average basis for the portfolio where the exposures are loans secured by residential mortgages or fully guaranteed residential loans, as referred to in paragraph 1(e) of Article 129; (ii) 50% on an individual exposure basis where the exposure is a loan secured by a commercial mortgage; (iii) 75% on an individual exposure basis where the exposure is a retail exposure; (iv) for any other exposures, 100% on an individual exposure basis;deleted
2016/09/06
Committee: ECON
Amendment 106 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – introductory part
For the purposes of this paragraph 2, a position in amezzanine securitisation shall be considered a mezzanine securitisation position where it meetsposition means any position in the securitisation which meets all of the following requirements:
2016/09/06
Committee: ECON
Amendment 107 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – point a
(a) it is subject to a risk weight lower than 1,250 % in accordance with this Section or, in the absence of a position with that risk weight, it is more senior than the first loss tranchesubsection 3 of section 3; and
2016/09/06
Committee: ECON
Amendment 109 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 244 – paragraph 2 – subparagraph 3 – point b
(b) it is subordinated tomore junior than the senior securitisation position.
2016/09/06
Committee: ECON
Amendment 138 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 254 – paragraph 3
(3) By derogation from paragraph 2, point (b), institutions may use the SEC-SA instead of the SEC-ERBA in relation to all the posfor securitisation positions that fulfil all of the following conditions: (a) they hold in a securitisation whereare STS securitisation positions; (b) the securitisation position is neither the first loss tranche nor a mezzanine securitisation position as defined in Article 244(2), provided that, for those purposes, the requirement for a risk weight of 25 % or lower shall be calculated in accordance with the SEC- SA; (c) the risk-weighted exposure amounts resulting from the application of the SEC- ERBA in relation to that position is not commensurate to the credit risk embedded in the exposures underlying the securitisation. For the purpose of this point, "not commensurate" shall mean that the application of the SEC-ERBA leads to risk-weighted exposure amounts in excess of 25 % relative to SEC-SA. Where the institution has decided to apply the SEC-SA in accordance with this paragraph, it shall promptly notify the competent authority. Where an institution has applied the SEC- SA in accordance with this paragraph without undue delay. Upon receipt of the notification, the competent authority maycan require the institution to apply a different methodthe SEC-ERBA, in which case it shall notify its decision to the institution within three months of receipt of the notification.
2016/09/06
Committee: ECON
Amendment 149 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 257 – paragraph 2
(2) By derogation from paragraph 1, institutions shall only use the final legal maturity of the tranche to determine its maturity (MT) in accordance with point (b) of paragraph 1 where the contractual payments due under the tranche are conditional or dependent upon the actual performance of the underlying exposures.deleted
2016/09/06
Committee: ECON
Amendment 151 #

2015/0225(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 575/2013
Article 257 – paragraph 4
(4) Where an institution may become exposed to potential losses from the underlying exposures by virtue of contract, the institution shall determine the maturity of the securitisation position by taking into account the longestweighted–average maturity of such underlying exposures. FoThe same shall apply for securitisations of revolving exposures with an early amortisation trigger according to Article 12(6) of Regulation (EU) .../... (STS Regulation). For other revolving exposures, the longest contractually possible remaining maturity of the exposure that might be added during the revolving period shall apply.
2016/09/06
Committee: ECON
Amendment 38 #

2015/0068(CNS)

Proposal for a directive
Recital 4
(4) However, the efficient spontaneous exchange of information in respect of advance cross-border rulings and advance pricing arrangements is hindered by several important practical difficulties such as the discretion permitted to the issuing Member State to decide which other Member States should be informed and the weak monitoring system which makes it difficult for the Commission to identify any violation of the exchange information requirement.
2015/09/24
Committee: ECON
Amendment 39 #

2015/0068(CNS)

Proposal for a directive
Recital 4 a (new)
(4a) Underlines that an efficient exchange and processing of tax information and the resulting peer pressure would have a strong deterrent effect against the introduction of harmful tax practices and would allow Member States and the Commission to have all the relevant information at their disposal in order to react against them.
2015/09/24
Committee: ECON
Amendment 59 #

2015/0068(CNS)

Proposal for a directive
Recital 8
(8) Member States should exchange the basic information to be communicated also with the Commission. This would enable the Commission at any point in time to monitor and evaluate the effective application of the automatic exchange of information on advance cross-border rulings and advance pricing arrangements and to ensure that rulings do not have a negative impact on the internal market. Such communication will not discharge a Member State from its obligations to notify any state aid to the Commission.
2015/09/24
Committee: ECON
Amendment 73 #

2015/0068(CNS)

Proposal for a directive
Recital 12 a (new)
(12a) In order to enhance transparency, the Commission should publish an annual report summarising the main cases contained in the secure central directory. This report should at least include : - Name of taxpayer and group; - A description of the issues addressed in the tax ruling; - A description of the criteria used to determine an advance pricing arrangement; - Identification of the Member State(s) most likely to be affected; - Identification of any other taxpayer likely to be affected (apart from natural persons) In doing so, the Commission should comply with the confidentiality provisions laid down in Article 23a.
2015/09/24
Committee: ECON
Amendment 86 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 14 – point a
(a) is given or published by, or on behalf of, the government or the tax authority of a Member State, or any territorial or administrative subdivisions thereof, to any personon which one or more person can rely;
2015/09/24
Committee: ECON
Amendment 90 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 15 – subparagraph 1
'advance pricing arrangement' means any agreement, communication or any other instrument or action with similar effects, including one issued in the context of a tax audit, given or published by, or on behalf of, the government or the tax authority of one or more Member States, including any territorial or administrative subdivision thereof, to any personon which one or more person can rely, that determines in advance of cross-border transactions between associated enterprises, an appropriate set of criteria for the determination of the transfer pricing for those transactions or determines the attribution of profits to a permanent establishment.
2015/09/24
Committee: ECON
Amendment 116 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 2
2. The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States as well as to the European Commission on advance cross-border rulings and advance pricing arrangements issued within a period beginning ten years before the entry into force butthat are still valid on the date of entry into force of this Directive;
2015/09/24
Committee: ECON
Amendment 117 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 2 a (new)
2a. Member State's tax administration shall publish anonymously the tax ruling and the advanced pricing agreement granted in their annual activity report. Other forms and more frequent publications are also possible.
2015/09/24
Committee: ECON
Amendment 128 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point b a (new)
(ba) the criteria used to determine the advance ruling or the advanced pricing arrangement, as well as the limitation in time of, if any, or the circumstances under which the decision can be revoked;
2015/09/24
Committee: ECON
Amendment 141 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 9 a (new)
9a. Member States shall notify the Commission and other member states at an early stage about any relevant change in their tax ruling practice (application formalities, decision process, etc.);
2015/09/24
Committee: ECON
Amendment 142 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 9 b (new)
9b. Member states' tax authorities shall notify the Commission and other member states about any relevant changes to their corporate taxation law (introduction of a new allowance, relief, exception, incentive or similar measure etc.) that could have an impact on their effective tax rates or on any other Member State's tax revenue;
2015/09/24
Committee: ECON
Amendment 144 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8b – paragraph 1
1. Before 1 October 2017, Member States shall provide the Commission on an annual basis with statistics on the volume of automatic exchanges under Articles 8 and 8a, the types of ruling granted, and, to the extent possible, with information on the administrative and other relevant costs and benefits relating to exchanges that have taken place and any potential changes, for both tax administrations and third parties.;
2015/09/24
Committee: ECON
Amendment 163 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 21 – paragraph 5
5. The Commission shall develop a secure central directory where information to be communicated in the framework of Article 8a of this Directive may be recorded in order to satisfy the automatic exchange provided for in paragraphs 1 and 2 of Article 8a. The Commission and the Member States shall have access to the information recorded in this directory. The necessary practical arrangements shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2)."
2015/09/24
Committee: ECON
Amendment 58 #

2015/0009(COD)

Proposal for a regulation
Recital 16
(16) The EFSI should target investments that are expected to be economically and technically viable, which may entail a degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing. When a national court of audit or an independent council or any anti-corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI, it should take into account the opinions expressed.
2015/03/25
Committee: AFCO
Amendment 77 #

2015/0009(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Fund for Strategic Investments and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013
2015/03/19
Committee: BUDGECON
Amendment 89 #

2015/0009(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. The EFSI Agreement shall be open to accession by Member States, under the terms laid out in the EFSI Agreement. Subject to the consent of existing contributors, the EFSI Agreement shall also be open to accession by other third parties, including national promotional banks or public agencies owned or controlled by Member States, and private sector entities. The Member States and other third parties may not take part in the EFSI governance structure.
2015/03/25
Committee: AFCO
Amendment 118 #

2015/0009(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)
When a national court of audit or an independent council or any anti- corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI, the Steering Board shall take into account the opinions expressed and shall take a decision by a majority of three quarters of the votes.
2015/03/25
Committee: AFCO
Amendment 122 #

2015/0009(COD)

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2
The Managing Director shall report every quarter on the activities of the EFSI to the Steering Board and the European Parliament.
2015/03/25
Committee: AFCO
Amendment 160 #

2015/0009(COD)

Proposal for a regulation
Recital 9
(9) The investment environment within the Union should be improved by removing barriers to investment, reinforcing the Single Market and by enhancing regulatory predictability, in particular by completing the opening of the digital, transport, energy and telecoms markets . The work of the EFSI, and investments across Europe generally, should benefit from this accompanying work.
2015/03/19
Committee: BUDGECON
Amendment 162 #

2015/0009(COD)

Proposal for a regulation
Recital 9
(9) The investment environment within the EUnion should be improved by removing barriers to investment, such as obstacles to PPPs that remain at national and EU level, by reinforcing the Single Market and by enhancing regulatory predictability. With the view to mobilising private companies and supporting the development of PPPs, it should be ensured that there is no discrimination depending on the management of the projects, be it private or public. The work of the EFSI, and investments across Europe generally, should benefit from this accompanying work.
2015/03/19
Committee: BUDGECON
Amendment 175 #

2015/0009(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) the financial statements of the EFSI accompanied by an opinion of an independent external auditor.
2015/03/25
Committee: AFCO
Amendment 185 #

2015/0009(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. Upon request of the competent committees of the European Parliament, and without disclosing information on ongoing investigations, OLAF may provide information on the application of this regulation.
2015/03/25
Committee: AFCO
Amendment 186 #

2015/0009(COD)

Proposal for a regulation
Article 11 – paragraph 2 b (new)
2b. Minutes of the meetings of the Steering Board shall be made available to the European Parliament, including for each project the results of the votes in case the Steering Board did not take a decision by consensus.
2015/03/25
Committee: AFCO
Amendment 188 #

2015/0009(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. At the request of the European Parliament, the Commission and/or the EIB shall report to the European Parliament on the application of this Regulation.
2015/03/25
Committee: AFCO
Amendment 198 #

2015/0009(COD)

Proposal for a regulation
Article 14 – paragraph 1
The EU guarantee and the payments and recoveries under it that are attributable to the general budget of the Union shall be audited by the Court of Auditors. It shall audit all of the operations/instruments/entities/facilities carried out using the EU guarantee.
2015/03/25
Committee: AFCO
Amendment 201 #

2015/0009(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(5 ), Council Regulation (Euratom, EC) No 2185/96(6 ) and Council Regulation (EC, Euratom) No 2988/95 (7 ) in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial interests of the Union in connection with any operations supported by the EU guarantee. OLAF may transmit to the competent authorities of the Member States concerned information obtained in the course of investigations. The competent authorities shall follow up on the information transmitted, unless not compatible with the national legal framework. __________________ 5 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 6 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 7 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
2015/03/25
Committee: AFCO
Amendment 211 #

2015/0009(COD)

Proposal for a regulation
Article 20 – paragraph 2
The Commission shall assess those operations and, where they comply with the substantive requirements set out in Article 5 and in the EFSI Agreementprinciples of operations' own merit, and without any geographic or sectorial allocation, decide that the EU guarantee coverage extends to them.
2015/03/25
Committee: AFCO
Amendment 290 #

2015/0009(COD)

Proposal for a regulation
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should aim at financeing projects across the Union, including in the countries most affected by the financial criswhole of the Union by taking into account the criteria of additionality and high-risk-profile in its investment policies i.e. by ensuring that selected projects are projects which could not have found a financing on the market otherwise. The EFSI should only be used where financing is not available from other sources on reasonable terms.
2015/03/19
Committee: BUDGECON
Amendment 310 #

2015/0009(COD)

Proposal for a regulation
Recital 16
(16) The EFSI should target investments that are expected to be economically and technically viable, which may entail a high degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing.
2015/03/19
Committee: BUDGECON
Amendment 314 #

2015/0009(COD)

Proposal for a regulation
Recital 16
(16) The EFSI should target investments that are expected to be economically and technically viable, which may entail a degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing. When a national court of audit or an independent council or any anti-corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI, it should take into account the opinions expressed.
2015/03/19
Committee: BUDGECON
Amendment 376 #

2015/0009(COD)

Proposal for a regulation
Recital 19
(19) In order to allow for further increase in its resources, participation in the EFSI should be open to third parties, including Member States, national promotional banks or public agencies owned or controlled by Member States, private sector entities and entities outside the Union subject to the consent of existing contributors. Third parties may contribute directly to the EFSI and take part in the EFSI governance structure.
2015/03/25
Committee: BUDGECON
Amendment 388 #

2015/0009(COD)

Proposal for a regulation
Recital 20 a (new)
(20a) Considering that infrastructure assets have a strong default and recovery record and considering that infrastructure project finance can be seen as a means to diversify institutional investors asset portfolios, infrastructure projects benefiting from the EFSI support should be treated as Type 1 exposures for the calculation of the Solvency Capital Requirement as set out in Title I Chapter V Section 6 of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II). This approach should be examined as part of the Commission review of the methods, assumptions and standard parameters used when calculating the Solvency Capital Requirement with the standard formula, as referred to in recital 150 of that Delegated Regulation.
2015/03/25
Committee: BUDGECON
Amendment 453 #

2015/0009(COD)

Proposal for a regulation
Recital 27
(27) In order to cover the risks related to the EU guarantee to the EIB, a guarantee fund should be established. The guarantee fund should be constituted by a gradual paymentcontribution from the Union budget. The guarantee fund should subsequently also receive revenues and repayments from projects that benefit from EFSI support and amounts recovered from defaulting debtors where the guarantee fund has already honoured the guarantee to the EIB.
2015/03/25
Committee: BUDGECON
Amendment 479 #

2015/0009(COD)

Proposal for a regulation
Recital 29
(29) To partially finance the contribution from the Union budget, the available envelopes of the Horizon 2020 – the Framework Programme for Research and Innovation 2014-2020, provided by Regulation (EU) No 1291/2013 will be progressively authorised by a decision of the European Parliament and of the Council2 , and the Connecting Europe Facility, provided by Regulation (EU) No in the framework of the annual budgetary procedures up to 2020, using in priority all provisions under Council regulation (EU, Euratom) n°13161/2013 of the European Parliament and of the Council3 , should be reduced. Those programmes serve purposes that are not replicated by the EFSI. However, the reduction of both programmes to finance the guarantee fund is expected to ensure a grealaying down the multiannual financial framework for the years 2014- 2020, in particular its articles 5, 11, 13 and 14, as well as any budgetary surplus entered investment in certain areas of their respective mandates than is possible through the existing programmes. The EFSI should be able to leverage the EU guarantee to multiply the financial effect within thto the general budget of the European Union, and avoiding to affect programmes that already serve an investment purpose, areas of research, development and innov operational and transport, telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned Horizon 2020 and Connecting Europe Facility programmes. It is, therefore, appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of EFSI. __________________ 3Regulation (EU) No 1316/2013 of the European Parliament and of the Coucontain a possibility to use innovative financial instruments. Therefore, envelops of programmes under the sub-heading 1A of the multiannual financial of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129)framework could be reduced only if proved necessary and as a last resort solution.
2015/03/25
Committee: BUDGECON
Amendment 523 #

2015/0009(COD)

Proposal for a regulation
Recital 35
(35) In order to ensure an appropriate coverage of the EU guarantee obligations and to ensure the continued availability of the EU guarantee, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with respect to the adjustment of the amounts to be paid in from the general budget of the Union and to amend Annex I accordingly. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
2015/03/25
Committee: BUDGECON
Amendment 595 #

2015/0009(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. The EFSI Agreement shall be open to accession by Member States, under the terms laid out in the EFSI Agreement. Subject to the consent of existing contributors, the EFSI Agreement shall also be open to accession by other third parties, including national promotional banks or public agencies owned or controlled by Member States, and private sector entities. The Member States and other third parties may not take part in the EFSI governance structure.
2015/03/25
Committee: BUDGECON
Amendment 737 #

2015/0009(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3a. When insurance and reinsurance undertakings contribute directly to the EFSI Agreement or co-finance together with the EFSI infrastructure projects, such direct contribution and co-financing shall be treated as Type 1 exposures for the calculation of the Solvency Capital Requirement as set out in Title I Chapter V Section 6 of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II). Infrastructure investment projects benefiting from the EFSI support should also be treated as Type 1 exposures for the calculation of the Solvency Capital Requirement.
2015/03/25
Committee: BUDGECON
Amendment 738 #

2015/0009(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3a. The Commission is responsible for the implementation of the EU budget.
2015/03/25
Committee: BUDGECON
Amendment 808 #

2015/0009(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)
When a national court of audit or an independent council or any anti- corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI, the Steering Board should take into account the opinions expressed and shall take a decision by a majority of three quarters of the votes.
2015/03/25
Committee: BUDGECON
Amendment 942 #

2015/0009(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections; and digital and telecoms infrastructure;
2015/03/25
Committee: BUDGECON
Amendment 1126 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) paymentcontributions from the general budget of the Union,
2015/03/25
Committee: BUDGECON
Amendment 1134 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d
(d) any other paymentcontributions received by the Union in accordance with the EFSI Agreement.
2015/03/25
Committee: BUDGECON
Amendment 1138 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Endowments to the guarantee fund provided for in points (b), (c) and (d) of paragraph 2 shall constitute internal assigned revenues in accordance with Article 21(4) of Regulation (EU) No 966/2012.
2015/03/25
Committee: BUDGECON
Amendment 1139 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The resources of the guarantee fund provided to it under paragraph 2 shall be directly managed by the Commission and invested in accordance with the principle ofs such as sound financial management, transparency, proportionality, non- discrimination, equal treatment, additionality, non-distortion of competition, alignment of interest between the Commission and the EIB and follow appropriate prudential rules.
2015/03/25
Committee: BUDGECON
Amendment 1148 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
The target amount shall initially be met by the gradual paymentmobilisation of resources referred to in paragraph 2(a). If there have been calls on the guarantee during the initial constitution of the guarantee fund, endowments to the guarantee fund provided for in points (b), (c) and (d) of paragraph 2 shall also contribute to meet the target amount up to an amount equal to the calls on the guarantee.
2015/03/25
Committee: BUDGECON
Amendment 1155 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 5 a (new)
5a. Without prejudice to Article 8(5), the initial target amount shall be met by gradual budgetary contributions to the guarantee fund, to be decided by the budgetary authority in the frame of the annual budgetary procedures up to 2020, making use in priority of all means available under Council regulation 1311/2013 of 2 December 2013 laying down the multiannual Financial Framework 2014-2020, in particular article 5, 11, 13, 14, as well as any budgetary surplus entered in the general budget of the European Union. If needed, as a last resort solution and in full respect of point 17 and 18 of the Interinstitutional Agreement of 2 December 2013, on cooperation in budgetary matters and on sound financial management, funds from multiannual programmes under heading 1A may be redeployed to the guarantee fund if these programmes prove to be under- implemented.
2015/03/25
Committee: BUDGECON
Amendment 1157 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 5 b (new)
5b. The financing of the EU contribution to the guarantee fund shall be reviewed in the frame of the post-electoral review and revision of the multiannual financial framework due to be launched by the end of 2016 at the latest as foreseen in article 2 of Council regulation 1311/2013, of 2 December 2013, laying down the MFF 2014-2020.
2015/03/25
Committee: BUDGECON
Amendment 1168 #

2015/0009(COD)

Proposal for a regulation
Article 8 – paragraph 7 – point a
(a) any surplus shall be paid in one transaction to a special heading in the statement of revenue in the general budget of the European Union of the year n+1, and shall be reallocated to programmes which envelopes might have been reduced to finance the guarantee fund, as referred to in paragraph 5a (new), in order to compensate these losses;
2015/03/25
Committee: BUDGECON
Amendment 1257 #

2015/0009(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) the financial statements of the EFSI accompanied by an opinion of an independent external auditor.
2015/03/19
Committee: BUDGECON
Amendment 1277 #

2015/0009(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Commission shall, by 30 June of each year, send to the European Parliament, the Council and the Court of Auditors an annual report ondetailing the situation of the guarantee fund and the management thereof in the previous calendar year, and the compliance with articles 5, 7 and 8 of this regulation.
2015/03/19
Committee: BUDGECON
Amendment 1296 #

2015/0009(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. Upon request of the competent committees of the European Parliament, and without disclosing information on ongoing investigations, OLAF may provide information on the application of this Regulation.
2015/03/19
Committee: BUDGECON
Amendment 1298 #

2015/0009(COD)

Proposal for a regulation
Article 11 – paragraph 2 b (new)
2b. Minutes of the meetings of the Steering Board shall be made available to the European Parliament including for each project the results of the votes in case the Steering Board did not take a decision by consensus.
2015/03/19
Committee: BUDGECON
Amendment 1299 #

2015/0009(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. At the request of the European Parliament, the Commission and/or the EIB shall report to the European Parliament on the application of this Regulation.
2015/03/19
Committee: BUDGECON
Amendment 1327 #

2015/0009(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. At the latest [PO insert date three years after the entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council a comprehensive quality assessment to evaluate the true socio- economic impact of this special strategic plan on the application of this Regulation accompanied by any relevant proposal.
2015/03/19
Committee: BUDGECON
Amendment 1355 #

2015/0009(COD)

Proposal for a regulation
Article 14 – paragraph 1
The EU guarantee and the payments and recoveries under it that are attributable to the general budget of the Union shall be audited by the Court of Auditors. It shall audit all of the operations/instruments/entities/facilities carried out using the EU guarantee.
2015/03/19
Committee: BUDGECON
Amendment 1362 #

2015/0009(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(5 ), Council Regulation (Euratom, EC) No 2185/96(6 ) and Council Regulation (EC, Euratom) No 2988/95 (7 ) in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial interests of the Union in connection with any operations supported by the EU guarantee. OLAF may transmit to the competent authorities of the Member States concerned information obtained in the course of investigations. The competent authorities shall follow up on the information transmitted, unless not compatible with the national legal framework. __________________ 5 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 6 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 7 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
2015/03/19
Committee: BUDGECON
Amendment 1397 #

2015/0009(COD)

Proposal for a regulation
Article 18
Regulation (EU) N°1291/2013
Article 6 – paragraphs 1, 2 and 3
[...]deleted
2015/03/19
Committee: BUDGECON
Amendment 1440 #

2015/0009(COD)

Proposal for a regulation
Article 19
Regulation (EU) N°1316/2013
Article 5, paragraph 1
Amendment to Regulation (EU) No In Article 5 of Regulation (EU) No 1316/2013, paragraph 1 is replaced by the following: ‘ 1. The financial envelope for the implementation of the CEF for the period 2014 to 2020 is set at EUR 29 942 259 000 (*) in current prices. That amount shall be distributed as follows: (a) transport sector: EUR 23 550 582 000, of which EUR 11 305 500 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation exclusively in Member States eligible for funding from the Cohesion Fund; (b) telecommunications sector: EUR 1 041 602 000; (c) energy sector: EUR 5 350 075 000. These amounts are without prejudice to the application of the flexibility mechanism provided for under Council Regulation (EU, Euratom) No 1311/2013(*). (*) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20 (OJ L 347, 20.12.2013, p. 884). ’rticle 19 deleted 1316/2013
2015/03/19
Committee: BUDGECON
Amendment 1470 #

2015/0009(COD)

Proposal for a regulation
Article 20 – paragraph 2
The Commission shall assess those operations and, where they comply with the substantive requirements set out in Article 5 and in the EFSI Agreementprinciples of operations' own merit, and without any geographic or sectorial allocation, decide that the EU guarantee coverage extends to them.
2015/03/19
Committee: BUDGECON
Amendment 3 #

2014/2257(INI)

Motion for a resolution
Recital A
A. whereas the European Citizens' Initiative is an extraordinary unique and innovative tool of participatory democracyagenda setting tool in the European Union, whose potential must be exploited fully and enhanced in order to achieve the best results;
2015/05/21
Committee: AFCO
Amendment 17 #

2014/2257(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the practicalities set out in Article 6 of the Regulation, i.e. the setting up of the online collection system and its certification by a competent authority in a Member State, leaves the organizers in most cases less than 12 months to collect the required signatures;
2015/05/21
Committee: AFCO
Amendment 18 #

2014/2257(INI)

Motion for a resolution
Recital D b (new)
Db. whereas the submission of a successful initiative to the Commission after the signature collection period is over is not bound to a specific time limit and is thus a source for confusion and uncertainty both for the institutions and the public;
2015/05/21
Committee: AFCO
Amendment 35 #

2014/2257(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to provide as much guidance as possible – especially of a legal nature – to organisers of ECIs via the Europe Direct Contact Centre, so that they are aware of the possibilities open to them and will not fail by proposing an ECI that is outside the scope of Commission's powercompetences, or else to assign the task of giving advice to another independent company or body so as to avoid a possible conflict of interest within the Commission itself; notes, however, that under the Treaty of Lisbon the issues raised by ECIs may not correspond entirely to the Commission's jurisdiction; takes the view, furthermore, that the Commission should consider setting up a dedicated ECI office in each Member State;
2015/05/21
Committee: AFCO
Amendment 40 #

2014/2257(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Stresses furthermore that a dedicated ECI office could also contribute to raising public and media awareness about the ECI; therefore invites the Commission to promote the ECI as an official EU instrument to achieve this goal; underlines that this measure might also lead to overcome citizen's distrust of sharing the personal data required to support a ECI;
2015/05/21
Committee: AFCO
Amendment 56 #

2014/2257(INI)

Motion for a resolution
Paragraph 5
5. Invites the Commission to consider the possibility of registering only part of an initiative in the event that the entire ECI does not fall within the scope of Commission's powercompetences, and to give the organisers, at the time of registration, an indication as to which part they could register; invites the Commission to explore ways to confer initiatives or those parts of initiatives that do not fall under the scope of Commission's competences to the competent authority, be it at national or regional level;
2015/05/21
Committee: AFCO
Amendment 67 #

2014/2257(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Invites the Commission to examine whether a specific time limit for the submission of a successful initiative that has gathered the required number of signatures could serve as a guideline to both, the organizers and the Commission;
2015/05/21
Committee: AFCO
Amendment 100 #

2014/2257(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to revise the wording of Article 10(c) of Regulation 211/2011 to allow proper follow-up to a successful ECI, including, if necessary, a parliamentary debate in plenary followed by a vote on the ECI; urges the Commission to start preparing a legal act on successful ECIs within 12 months of their acceptance;
2015/05/21
Committee: AFCO
Amendment 103 #

2014/2257(INI)

Motion for a resolution
Paragraph 14
14. Takes the view that, in order to emphasise the political dimension of ECIs, a public hearing held under the terms of Article 11 of Regulation 211/2011 should be structured in such a way as to allow organisers to engage in a dialogue with Members of the European Parliament; stresses that hearings on ECIs should be organised by a neutral committee that does not have the main responsibility for their subject-matter;
2015/05/21
Committee: AFCO
Amendment 4 #

2014/2254(INI)

Draft opinion
Paragraph 1
1. Points out that it is necessary to strengthen the protection of fundamental rights in compliance with the Treaties and the Charter of Fundamental Rights of the European Union and, more specifically, to ensure that the values of the European Union set out in Article 2 and oall ther relevant articles of the EU Treaty are respected and promoted by the EU, its institutions and all the Member States; stresses that the European institutions should be at the forefront of this endeavour;
2015/04/20
Committee: AFCO
Amendment 1 #

2014/2253(INI)

Draft opinion
Paragraph -1 (new)
-1. Whereas in line with the Joint Political Declaration of 28 September 2011 of the European Parliament, the Council and the Commission on explanatory documents1 a the Commission has reported to the two legislators on its implementation; ___________ 1a OJ C 369, 17.12.2011, p. 14
2015/05/07
Committee: AFCO
Amendment 15 #

2014/2253(INI)

Draft opinion
Paragraph 2 a (new)
2a. Welcomes the new practice whereby the Commission can ask the Member States, in justified cases, to include explanatory documents when they notify the Commission of their transposition measures; reiterates, however, its call for mandatory correlation tables on the transposition of Directives;
2015/05/07
Committee: AFCO
Amendment 16 #

2014/2253(INI)

Draft opinion
Paragraph 2 b (new)
2b. Insists that these explanatory documents need to be publicly available in all EU languages;
2015/05/07
Committee: AFCO
Amendment 20 #

2014/2253(INI)

Draft opinion
Paragraph 3
3. Deplores the fact that the European Parliament, which is now a fully-fledged co-legislator and an institution directly representing the citizens, does not yet receive transparent and timely information on the implementation of EU laws, when such information is essential , includingnot only to enhance the accessibility and the legal certainty of the European citizens, but also for purposes of adopting amendments aimed at improving those laws;
2015/05/07
Committee: AFCO
Amendment 24 #

2014/2253(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that the enhanced transparency of the EU could boost the participation of the EU nationals in the new framework of the European Citizens’ Initiative (ECI);
2015/05/07
Committee: AFCO
Amendment 14 #

2014/2252(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes, however, that a majority of opinions by national parliaments are submitted by only a few national chambers, encourages the other chambers to become more involved in the European debate;
2015/03/24
Committee: AFCO
Amendment 16 #

2014/2252(INI)

Draft opinion
Paragraph 3
3. Believes that the eight-week period given to national parliaments to issue a reasoned opinion under Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality should be extended significantlyis sufficient to allow national parliaments to participate to a greater extent; encourages national parliaments to become more involved in the European debate, without delaying the adoption of relevant legislation;
2015/03/24
Committee: AFCO
Amendment 24 #

2014/2252(INI)

Draft opinion
Paragraph 3 a (new)
3a. Points out that 2012 saw the first use of the so-called yellow card by national parliaments regarding the principle of subsidiarity in response to the Commission's proposal for a regulation on the exercise of the right to take collective action within the context of freedom of establishment and the freedom to provide services (Monti II); notes that although the Commission concluded that the principle of subsidiarity had not been breached it did withdraw the proposal due to lack of political support; remarks that a second so-called yellow card was triggered in 2013 on the Commission's proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office (EPPO); notes that Commission concluded that the proposal complied with the principle of subsidiarity and decided to maintain it;
2015/03/24
Committee: AFCO
Amendment 25 #

2014/2252(INI)

Draft opinion
Paragraph 3 a (new)
3a. Believes that an equivalent so-called yellow and red card system should be created for the European Parliament to allow it to react when Member States legislate in domains which are within the competencies of the Single Market, or alternatively if Member States do not correctly implement European directives, which fragments the Single Market and results in a lack of level playing field;
2015/03/24
Committee: AFCO
Amendment 28 #

2014/2252(INI)

Draft opinion
Paragraph 4
4. Regrets the deficit in material criteria for establishing the existence of a violation of the subsidiarity and proportionality principles; finds that this has led to a diversity of criteria applied by national parliaments in their evaluation of proposals, and calls for the adoption of guidelines to define the principles and methods for the examination of subsidiarity and proportionality issues in a better way; by drawing from the Commission's Impact Assessment Guidelines (SEC(2009)92), particularly points 5.2 and 7.2 respectively;
2015/03/24
Committee: AFCO
Amendment 31 #

2014/2252(INI)

Draft opinion
Paragraph 5
5. Believes that the Commission should perceive the European Citizens’ Initiative more positively and without dogmatism as it is a substantial instrument for citizens to influence EU legislation.deleted
2015/03/24
Committee: AFCO
Amendment 12 #

2014/2249(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the new settlement for the UK within the European Union proposed by President Tusk ignores the legal and institutional framework foreseen in the Treaties to modify the existing Treaties (article 48 TEU);
2016/02/17
Committee: AFCO
Amendment 27 #

2014/2249(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the internal market, facilitating the free movement of goods, persons, services and capital is a cornerstone of the EU;
2016/02/17
Committee: AFCO
Amendment 29 #

2014/2249(INI)

Motion for a resolution
Recital D
D. whereas the European Parliament is the parliament of the whole Union, democratically elected by direct universal suffrage, and plays an essential role in ensuring the legitimacy and accountability of EU decisions, including through finding ways to guarantee the democratic accountability of eurozone-specific actions and decisions;
2016/02/17
Committee: AFCO
Amendment 37 #

2014/2249(INI)

Motion for a resolution
Recital E
E. whereas political dialogue between national parliaments and the European Parliament should be enhanced and practical possibilities for the usehas a role to play, whereas the national parliaments and the European Parliament have different mandates; whereas practical tools, such as the 'yellow' and 'orange card', already exist for national parliaments to object to proposed European legislation; whereas ofn the ‘yellow’ and ‘orange card’ improvedEuropean level the EP can respond to concerns where national decisions taken infringe on European competences through resolutions voted in the plenary;
2016/02/17
Committee: AFCO
Amendment 56 #

2014/2249(INI)

Motion for a resolution
Recital H
H. whereas the Commission’s role as the executive should be strengthened in the field of Economic and MonetaryFiscal Policy by the creation of the position of EU Finance Minister, assisted by an EU Fiscal and Treasury administration, and by endowing it with the powers to implement and enforce any future and existing Economic and Monetary Union (EMU) instruments;
2016/02/17
Committee: AFCO
Amendment 72 #

2014/2249(INI)

Motion for a resolution
Recital J
J. whereas the existing economic governance system is not yet strong enough to tackle all potential future crises and shocks as it should, nor is it yet sufficiently good at generating higher competitiveness, structural convergence among its members,macro-economic imbalances procedure is not currently sufficiently used; whereas if used to its full capacity it could help to correct economic imbalances at an early stage, provide an accurate overview of the situation in each Member State and the Union as a whole, prevent crises and contribute to improving competitiveness; whereas greater structural convergence among its members is required, which will help to contribute to sustainable growth and social cohesion; whereas, therefore, progress towards the completion of the EMU should be sustainis urgently needed, as well as efforts to render its institutional structure more legitimate and democratically accountable;
2016/02/17
Committee: AFCO
Amendment 100 #

2014/2249(INI)

Motion for a resolution
Recital N
N. whereas the European Semester process should be simplified, and rendered more focused and democratic, by enhancing Parliament’s scrutiny role over it and by investing it with a more substantial role in the various cycles of negotiations; whereas national parliaments must fully engage in the role foreseen for them in the European Semester in order to ensure its effectiveness and accountability at the appropriate level;
2016/02/17
Committee: AFCO
Amendment 108 #

2014/2249(INI)

Motion for a resolution
Recital O a (new)
Oa. whereas the MFF should be modified to have a duration of 5 not 7 years, in line with the mandate of the European Parliament, in order to increase democratic control of the Union budget;
2016/02/17
Committee: AFCO
Amendment 124 #

2014/2249(INI)

Motion for a resolution
Recital Q
Q. whereas part of the EU budget should be used to establish a fiscal capacity within the eurozone in order to assist Member States in the implementation of agreed structural reforms based on certain conditions; whereas this additional fiscal capacity should be placed outside the ceilings of the MFF and should be, financed by genuine own resources and fiscally neutral for the Member States who contribute;
2016/02/17
Committee: AFCO
Amendment 158 #

2014/2249(INI)

Motion for a resolution
Recital V a (new)
Va. whereas the need for immediate action in light of the refugee crisis requires the creation of a European Rapid Refugee Emergency Force (ERREF) to manage all European external borders and to implement previous agreements, and to transform Frontex into a full- fledged European Coast and Border Guard (ECBG);
2016/02/17
Committee: AFCO
Amendment 178 #

2014/2249(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Highlights that the existing European Treaties, voluntarily ratified by all 28 Member States, include a legal and institutional framework, within European law, to enable the existing Treaties to be modified (article 48 TEU) and for a Member State to decide to withdraw from the Union (article 50 TEU); considers therefore that the new settlement for the UK within the European Union, as proposed by President Tusk, through an international agreement is not the appropriate tool as it creates legal uncertainty and does not allow all European citizens to be consulted;
2016/02/17
Committee: AFCO
Amendment 179 #

2014/2249(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Insists that any new settlement for the UK within the European Union must provide legal certainty; insists also that an international agreement cannot modify the legal order of the EU nor affect the allocation of responsibilities defined in the Treaties and, consequently, the autonomy of the EU legal system, compliance with which the Court ensures under article 19 TEU;
2016/02/17
Committee: AFCO
Amendment 180 #

2014/2249(INI)

Motion for a resolution
Paragraph 2 c (new)
2c. Recalls that the internal market, facilitating the free movement of goods, persons, services and capital is a cornerstone of the EU; also recalls that exceptions to the internal market create distortions of competition within the Union and destroys the level playing field;
2016/02/17
Committee: AFCO
Amendment 210 #

2014/2249(INI)

Motion for a resolution
Paragraph 6
6. Is of the opinion that intergovernmental solutions should not exist, not even in areas where not all the Member States fulfil the conditions for participation, and that the Fiscal Compact as intended in the Treaty, and the European Stability Mechanism, as intenprovided that the appropriate scrutiny accorded byto the TreatiesEP reflects the composition of the contributors, should therefore be incorporated into Union law and no new institutions should be introduced;
2016/02/17
Committee: AFCO
Amendment 219 #

2014/2249(INI)

Motion for a resolution
Paragraph 8
8. Recalls that the European Parliament is the parliament of the whole Union; considers that its working methods should be reformed so as to strengthen its control over the Commission in the implementation of the acquis, and to ensure proper democratic accountability even in the areas in which not all Member States participate, inter alia through finding ways to guarantee the parliamentary democratic accountability of eurozone- specific actions and decisions;
2016/02/17
Committee: AFCO
Amendment 225 #

2014/2249(INI)

Motion for a resolution
Paragraph 9
9. Considers that political dialogue between national parliaments and the European Parliament should be intensified and made more meaningful and substantial, without overstepping the limits ofis important, recalls however their respective constitutional competences; points out, in this regard, that national parliaments are best placed to mandate and scrutinise at national level the action of their respective governments in European affairs, while the European Parliament should ensure the democratic accountability and legitimacy of the European executive;
2016/02/17
Committee: AFCO
Amendment 240 #

2014/2249(INI)

Motion for a resolution
Paragraph 11
11. Considers it necessary for the European Parliament to reform its working methods in order to cope with the challenges ahead, by using its control over the Commission, including in relation to the implementation and application of the acquis in the Member States, by limiting first-reading agreements to exceptional cases of urgency, and by improving its own electoral procedure through the revision of the 1976 Electoral Act in line with Parliament’s proposals contained in its resolution of 11 November 2015 on the reform of the electoral law of the European Union5 or as a future step through the adoption of implementing measures in application of Article 14 of the Electoral Act; __________________ 5 Texts adopted, P8_TA(2015)0395.
2016/02/17
Committee: AFCO
Amendment 262 #

2014/2249(INI)

Motion for a resolution
Paragraph 12
12. Encourages meaningful political dialogue with national parliaments on the contents of legislative proposals when relevant; insists, however, on a clear delineation of the respective decision- making competences of the national parliaments and the European Parliament, where the former shouldmust exercise their European function on the basis of their national constitutions, in particular via the control of their national governments as members of the European Council and the Council, which is the level where they are best placed to directly influence the content of and exercise scrutiny over the European legislative process; is therefore against the creation of joint parliamentary decision- making bodies for reasons of transparency, accountability and ability to act;
2016/02/17
Committee: AFCO
Amendment 268 #

2014/2249(INI)

Motion for a resolution
Paragraph 13
13. Stresses the importance of cooperation between the European Parliament and national parliaments in joint bodies such as the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC), and the Inter-parliamentary Conference on Common Foreign and Security Policy (CFSP-IPC), and in the framework of Article 13 of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union on the basis of the principles of consensus, information sharing and consultation in order to exercise control over their respective administrations; underlines the need for stronger cooperation between the specialised committees of the European Parliament and their national equivalents within these joint bodies;
2016/02/17
Committee: AFCO
Amendment 283 #

2014/2249(INI)

Motion for a resolution
Paragraph 15
15. Insists on curbing the interference of the European Council in the legislative process as it goes against the letter and spirit of the Treaties, as detailed in article 15 TEU;
2016/02/17
Committee: AFCO
Amendment 284 #

2014/2249(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses that the existing, ratified Treaties are the basis for renegotiation of any Member State's membership of the Union, stresses that any modification of any Member State's membership of the Union must be negotiated transparently, through a convention and then ratified by all 28 Member States; deplores the Heads of State and Government's decision to propose a new settlement for the UK in the EU through an international agreement, which is undemocratic and which creates legal uncertainty;
2016/02/17
Committee: AFCO
Amendment 287 #

2014/2249(INI)

Motion for a resolution
Paragraph 16
16. Notes that it is possible within the Treaties to merge the function of President of the European Council with that of President of the European Commission; and that the European Council, by means of an Interinstitutional Agreement (IIA), could engage itself politically to appoint as its President the Commission President, who should be elected by the European Parliament on a proposal by the European Council on the basis of the European election results, as was the case in the 2014 European elections;deleted
2016/02/17
Committee: AFCO
Amendment 296 #

2014/2249(INI)

Motion for a resolution
Paragraph 18
18. Insists that the European Council publicly explaoutline and motivateexplain its policies before the European Parliament, including by presenting its intentions in advance of its meetings;
2016/02/17
Committee: AFCO
Amendment 317 #

2014/2249(INI)

Motion for a resolution
Paragraph 21
21. Calls for the creation of the position of European Finance Minister, combining the roles of a permanent President of the Eurogroup and Commission Vice- President (VP) for Economic and Financial Affairs, through an Interinstitutional Agreement between Parliament, Council and Commission;deleted
2016/02/17
Committee: AFCO
Amendment 339 #

2014/2249(INI)

Motion for a resolution
Paragraph 24
24. Is determined to strengthen the role of Parliament in the election of the Commission President by reinforcing the formal consultations of its political groups with the European Council President, as foreseen in Declaration 11 annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, in order to ensure that the European Council takes full account of the election results when presenting a candidate for Parliament to elect, as was the case in the 2014 European elections;
2016/02/17
Committee: AFCO
Amendment 341 #

2014/2249(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls for the creation of the position of European Finance Minister to strengthen the Commission's role as the executive in the field of Economic and Fiscal Policy;
2016/02/17
Committee: AFCO
Amendment 359 #

2014/2249(INI)

Motion for a resolution
Paragraph 26
26. Insists on ensuring a single representation of the EU/eurozone within the International Monetary Fund (IMF), the World Bank and other international financial institutions (Article 138 TFEU) by its Finance Minister/VP of the Commission and the President of the European Central Bank (ECB); calls for the Single Supervisory Mechanism to be the sole representative of the EU at the Basel Committee on Banking Supervision for all elements concerning Banking Union; takes the view that the EU should streamline and codify its representation in all multilateral organisations/bodies with a view to increasing the transparency, integrity and accountability of the Union's involvement in these bodies;
2016/02/17
Committee: AFCO
Amendment 389 #

2014/2249(INI)

Motion for a resolution
Paragraph 29
29. Stresses the importance of the subsidiarity principle, as laid down in Article 5 TEU, which is binding on all institutions and bodies, notably the CoR and the EESC, and of the instruments contained in Protocol (No 2) on the application of the principles of subsidiarity and proportionality; supports a flexible interpretation of the deadlines enshrined in the Protocol and calls on the Commission to improve the quality of its responses to reasoned opinions;
2016/02/17
Committee: AFCO
Amendment 399 #

2014/2249(INI)

Motion for a resolution
Paragraph 30
30. Considers that the practicformal possibilities for national parliaments to ensure the principles of subsidiarity and proportionality should be improved, and cooperation between national parliaments strengthened, to enable them, in close cooperation among themselves, to reach the necessary quorum under article 7(3) of the are laid out in the Treaties (Protocol 2 on the application of the principles of subsidiarity and proportionality);
2016/02/17
Committee: AFCO
Amendment 417 #

2014/2249(INI)

Motion for a resolution
Paragraph 31
31. Recalls that any furtherimmediate development of the EMU shouldmust be based on, and build on, existing legislation and its implementation;
2016/02/17
Committee: AFCO
Amendment 458 #

2014/2249(INI)

Motion for a resolution
Paragraph 37
37. Points out the need for fewer and more targeted Country Specific Recommendations (CSR) to be prioritised through a clear hierarchy, based on the policy framework set out in the Convergence Code and the Annual Growth Survey (AGS), and on the concrete proposals presented by each Member State, in line with their respective key reform objectives, from a broad range of structural reforms, fostering competitiveness, real economic convergence and social cohesion; insists on the importance of CSRs being implemented if they are to be effective, calls for greater efforts in this area, which monitoring would facilitate;
2016/02/17
Committee: AFCO
Amendment 469 #

2014/2249(INI)

Motion for a resolution
Paragraph 39
39. Considers it necessary forRecalls that economic dialogue mechanisms already exist, notably through the creation of the "economic dialogue" within the framework of the '6- pack' and '2-pack' legislation, considers that this is an effective tool to enable the Parliament to be invested with a more substantial role in negotiations within the framework of the European Semester by allowing it to call hearings wthrough its ability to invithe governments of Member States affected by Country Specific Recommendations, Economic Partnership Programmes (EPP), Corrective Action Plans (CAP) and Alert Mechanism Reports (AMRs); to hearings in the EP; calls for this tool to also be used to enhance dialogue between Parliament, the Council, the Commission and the Eurogroup for dedicated meeting time- slots during the main steps of the European Semester cycle;
2016/02/17
Committee: AFCO
Amendment 471 #

2014/2249(INI)

Motion for a resolution
Paragraph 40
40. Calls for the establishment of an enhanced dialogue between Parliament, the Council, the Commission and the Eurogroup by agreeing on dedicated meeting time-slots during the main steps of the European Semester cycle;deleted
2016/02/17
Committee: AFCO
Amendment 496 #

2014/2249(INI)

Motion for a resolution
Paragraph 43
43. Points out the need to switch from unanimity to QMV for the adoption of the Multiannual Financial Framework (MFF) Regulation, by using the provisions of Article 48 (7) TEU and Article 312 (2) TFEU; highlights the importance of establishing a link between the duration of Parliament’s legislative term and the duration of the MFF, which can be reduced to five yearsand thus reducing the duration of the MFF to five years, which is possible under the provisions of Article 312 (1) TFEU;
2016/02/17
Committee: AFCO
Amendment 504 #

2014/2249(INI)

Motion for a resolution
Paragraph 44
44. Proposes to change the procedure for the adoption of own resources through the general 'passerelle clause' contained in Article 48 (7) TEU, which would facilitate the necessary transition from a system based on Gross National Income (GNI) contributions to one based on real own resources for the EU and the eurozone budget, such as a reformed Value Added Tax (VAT), a Financial Transaction Tax (FTT) based on a wide scope and a low rate, applicable to at least a broad majority of Member States, or revenue from other sources such as the Emission Trading Scheme;
2016/02/17
Committee: AFCO
Amendment 523 #

2014/2249(INI)

Motion for a resolution
Paragraph 46
46. Insists on the full implementation of the existing six-pack and two-pack framework and the European Semester to address, in particular, macroeconomic imbalances, and secure long-term control over deficit and still extremely high levels of debt by growth-friendly fiscal consolidation, improving spending efficiency, prioritising productive investments, providing incentive to structural reform and taking into account business cycle conditions;
2016/02/17
Committee: AFCO
Amendment 531 #

2014/2249(INI)

Motion for a resolution
Paragraph 47
47. Recalls that the euro is the currency of the Union and that the EU budget is designed to help less developed Member States catch up and become able to join the eurozoneintended to fulfil the objectives for the Union laid out in article 3 TEU;
2016/02/17
Committee: AFCO
Amendment 544 #

2014/2249(INI)

Motion for a resolution
Paragraph 48
48. ProposesUnderlines the need for the establishment of a fiscal capacity within the eurozone in order to assist Member States in the implementation of agreed structural reforms, based on incentives and certain conditions, including the effective implementation of the National Reform Programmes agreed within the European Semester; considers that this couldannot be done through the creation of additional capacity and/or by earmarking funding from the existing EU budget for this purposein a meaningful way without changing the treaties; underlines that any new instrument should be placed within the EU budget, but outside the ceilings of the MFF, and financed from real own resources;
2016/02/17
Committee: AFCO
Amendment 555 #

2014/2249(INI)

Motion for a resolution
Paragraph 49
49. PRecalls the creation of the European Supervisory Authorities and the Banking Union; calls for further work to be undertaken on the issue of sovereign debt; pledges to further increase the resilience of the EMU when facing economic shocks while preventing any form of permanent fiscal transfers, in line with articles 125 and 136(3) TFEU;
2016/02/17
Committee: AFCO
Amendment 564 #

2014/2249(INI)

Motion for a resolution
Paragraph 50
50. Reiterates its support for the suggestion to transform the position of Commissioner for Economic and Financial Affairs into a TreasuryEuropean Finance Minister, as made in its resolution of 12 December 2013 on constitutional problems of a multitier governance in the European Union6 ; __________________ 6 Texts adopted, P7_TA(2013)0598.
2016/02/17
Committee: AFCO
Amendment 570 #

2014/2249(INI)

Motion for a resolution
Paragraph 51
51. Considers it necessary to incorporate the European Stability Mechanism into the Union legal framework and,, providing that the appropriate scrutiny is established within the European Parliament which reflects the composition of the contributors; as a next step, tohe ESM will be transform ited into a European Monetary Fund;
2016/02/17
Committee: AFCO
Amendment 586 #

2014/2249(INI)

Motion for a resolution
Paragraph 53
53. Calls for due consideration to be given tothe implementation of the main findings of the Expert Group created by the Commission, with a view to constituting a Redemption Fund;
2016/02/17
Committee: AFCO
Amendment 587 #

2014/2249(INI)

Motion for a resolution
Paragraph 53 a (new)
53a. Deplores any attempt to disintegrate the Single Market, recalls that it is a cornerstone of the Union, rejects any renegotiation of the Single Rule Book as it would fragment the Single Market in financial services and create unfair competition through a lack of level playing field;
2016/02/17
Committee: AFCO
Amendment 589 #

2014/2249(INI)

Motion for a resolution
Paragraph 54
54. Believes that the Single Market contains growth potential that has not yet been fully exploited, particularly with reference to the Digital Single Market and financial services; calls, therefore, for better control of the correct application, and better enforcement, of the existing acquis in thisese domains;
2016/02/17
Committee: AFCO
Amendment 600 #

2014/2249(INI)

Motion for a resolution
Paragraph 55
55. Calls for the rapid completion of a Banking Union based on a single supervision mechanism (SSM) and a single resolution mechanism (SRM), and sustained by an adequate and fiscally neutral backstop; calls, to this end, for a swift agreement on an adequate bridge financing mechanism until the Single Resolution Fund becomes operational and a European Insolvency Scheme is created;
2016/02/17
Committee: AFCO
Amendment 604 #

2014/2249(INI)

Motion for a resolution
Paragraph 56
56. Considers it necessaryRecalls that the European Supervisory Authorities should act with a view to improving the functioning of the internal market, in particular by ensuring a high, effective and consistent level of regulation and supervision taking account of the varying interests of all Member States and the different nature of financial market participants; considers that issues that affect all Member States should be raised, discussed and decided by all Member States and that to strengthen the level playing field inside the single market by creating a single rule book applicable to all banks in the EUfinancial market participants in the EU is essential;
2016/02/17
Committee: AFCO
Amendment 609 #

2014/2249(INI)

Motion for a resolution
Paragraph 57
57. Calls for the establishment of a truen ambitious capital markets union, with a single European capital markets supervisor, where, inter alia, regulations replace directives, gold plating by Member States is excluded, there are EU standardised and comparable products for retail investors, as well as a single legal and fiscal framework for investors, regulatory arbitrage and distortions of competition are removed, data challenges and cyber security risks are addressed;
2016/02/17
Committee: AFCO
Amendment 627 #

2014/2249(INI)

Motion for a resolution
Paragraph 59
59. Considers it necessary to improve the automatic information exchange between national tax authorities in order to avoid tax planning, base erosion and profit shifting, as well as to promote coordinated actions to fight tax havens; calls for the adoption of a Common Consolidated Corporate Tax Base directive establishing a minimum rate, the simplification of tax systems and the spelling out of common objectives for progressive harmonisationconvergence; deems it necessary to embark on a comprehensive review of the existing VAT legislation, addressing i.a. the issue of reduced rates and the introduction of the country of origin principle, and also deems it necessary to establish a partially automatic stabilising mechanism to foster convergence and counter differences in the economic cycles of the Member States;
2016/02/17
Committee: AFCO
Amendment 636 #

2014/2249(INI)

Motion for a resolution
Paragraph 62
62. Reiterates that interparliamentary cooperation should not be seen as establishing a new joint parliamentary body or any other institution, because the euro is the currency of the EU and the European Parliament is the parliament of the EU; recalls that the EMU is established by the Union, whose citizens are directly represented at Union level by Parliament, which can find ways to guarantee the parliamentary democratic accountability of eurozone-specific actions and decisions;
2016/02/17
Committee: AFCO
Amendment 666 #

2014/2249(INI)

Motion for a resolution
Paragraph 69
69. Supports the creation of a European Energy Agency under Article 204 of the Euratom Treaty, as well as the establishment of a European strategic reserve and a joint negotiating centre with suppliers, with a view to completing the institutional structure of the Energy Union; notes, however, that a genuine Energy Union requires the removal of the constraint that EU policy must not affect a State's right to determine the conditions for exploiting its energy sources, its choice between different energy sources and the general structure of its energy supply (Article 194(2) TFEU);
2016/02/17
Committee: AFCO
Amendment 696 #

2014/2249(INI)

Motion for a resolution
Paragraph 72
72. Points out the importance of promoting the idea of a minimalum wage throughout the EU, determined by each Member State/sector according to the Member State, aiming towards the progressive alignment of wages throughout the Union in the long-term, and suggests that, under current Treaty provisions, an 'Employees Mobility Directive' could be adopted to reduce still-existing barriers for employees;
2016/02/17
Committee: AFCO
Amendment 720 #

2014/2249(INI)

Motion for a resolution
Paragraph 75
75. Calls for the establishment of a new social pact aimed at preserving Europe's social market economy, respecting and reducing inequalities, ensuring that all citizens' fundamental rights are respected, including, inter alia, the right to education, to work, non-discrimination, the right to collective bargaining, the freedom of movement; points out that such a pact could enhance the coordination of the social policies of the Member States;
2016/02/17
Committee: AFCO
Amendment 757 #

2014/2249(INI)

Motion for a resolution
Paragraph 83
83. Calls for progressive steps to be taken towards a common defence policy (Article 42(2) TEU) and, eventually, a common defence, which can be set up by unanimous decision of the European Council;
2016/02/17
Committee: AFCO
Amendment 813 #

2014/2249(INI)

Motion for a resolution
Paragraph 94
94. Underlines that in the light of the recent attacks and the increase of the terrorist threat, a more intense and structured exchange of information and data between national security agencies and intelligence services, and with Europol and Frontex, is absolutely essential; and must be put in place as soon as possible;
2016/02/17
Committee: AFCO
Amendment 820 #

2014/2249(INI)

Motion for a resolution
Paragraph 95 a (new)
95a. Regrets that the Temporary Protection Directive has not been activated in light of the refugee crisis, despite having been established to deal with a mass influx of third country nationals;
2016/02/17
Committee: AFCO
Amendment 838 #

2014/2249(INI)

Motion for a resolution
Paragraph 97
97. Considers it necessary to immediately create a European Rapid Refugee Emergency Force (ERREF) to manage all European external borders and to implement previous agreements as well as to strengthen Frontex and transform it into a European System offull-fledged European Coast and Border Guards (ECBG), to be supported, when necessary, by military instruments such as a European Maritime Force (Euromarfor) and an upgraded European Corps (Eurocorps), together with the resources pooled through Permanent Structured Cooperation; suggests that automatic adjustment should also be envisaged of the databases of border agencies such as Eurodac, and, in future, Smart Borders, such that they incorporate the 'European list of dangerous persons' and the 'European Database for wanted persons';
2016/02/17
Committee: AFCO
Amendment 850 #

2014/2249(INI)

Motion for a resolution
Paragraph 98
98. Stresses the importance of distinguishing between the concepts of ‘unsafe third countries’ (war zones) and ‘safe third countries of origin’ (mostly Western Balkans countries), and the corresponding distinction of procedures for processing applicants coming from these two categories of countries; calls for the signature of agreements with safe third countries of origin in order to control and reduce migration flows before migrants arrive at the EU border; insists, at the same time, on strict procedures for returning applicants with unfounded claims;
2016/02/17
Committee: AFCO
Amendment 860 #

2014/2249(INI)

Motion for a resolution
Paragraph 99
99. Calls for the competences for external border controls to be strengthened by vestrengthening Frontex and transforming it into a full-fledged ECBG, rather than the requesting Member State, with the power to command when the former is in charge of an operation;
2016/02/17
Committee: AFCO
Amendment 862 #

2014/2249(INI)

Motion for a resolution
Paragraph 100
100. Calls for an upgrade of the human and financial capabilities of the European Asylum Support Office (EASO) so that it can coordinate all EU asylum applications as well as be deployed to support Member States under particular migratory pressure in the processing of asylum requests, including in its mandate for the deployment of joint operations, pilot projects and rapid interventions similar to the ones added by Regulation 1168/2011 to the mandate of Frontex;
2016/02/17
Committee: AFCO
Amendment 880 #

2014/2249(INI)

Motion for a resolution
Paragraph 104 a (new)
104a. Considers that this resolution should be the basis for improving the functioning of the European Union on the short term; recalls that further fundamental reform is essential and requires a convention and a revision of the Treaties;
2016/02/17
Committee: AFCO
Amendment 11 #

2014/2248(INI)

Motion for a resolution
Citation 6
– having regard to the European Council conclusions of 18-19 February 2016 concerning a new settlement for the United Kingdom within the European Union6 , which has since ceased to exist, __________________ 6 EUCO conclusions of 19 February 2016.
2016/11/16
Committee: AFCO
Amendment 24 #

2014/2248(INI)

Motion for a resolution
Citation 21 a (new)
– having regard to the Declaration ‘Greater European Integration: The Way Forward’ by the Presidents of the Camera dei Deputati of Italy, the Assemblée nationale of France, the Bundestag of Germany, the Chambre des Députés of Luxembourg, and the Presidency of the EU Speakers Conference signed on 14 September 2016 and currently endorsed by several national parliamentary chambers in the EU,
2016/11/16
Committee: AFCO
Amendment 26 #

2014/2248(INI)

Motion for a resolution
Citation 21 b (new)
– having regard to the opinion of the Committee of the Regions of 31 January 2013 on the promotion of EU citizens’ electoral rights 6a, __________________ 6a OJ C 062, 2.3.2013, p. 26
2016/11/16
Committee: AFCO
Amendment 59 #

2014/2248(INI)

Motion for a resolution
Recital C
C. whereas this problem, coupled with a lack of a common vision on the part of our Member States as regards the future of our continent, has given rise to unprecedented levels of ‘euroscepticism’ that risk leading to a return to nationalism and the disintegration of the Unionre is a risk of the Union disintegrating;
2016/11/16
Committee: AFCO
Amendment 86 #

2014/2248(INI)

Motion for a resolution
Recital E
E. whereas, the euro is the currency of the Union (article 3 (4) TEU), however in the field of the euro and monetary policy, the United Kingdom obtained a permanent derogation from joining (Protocol No 15), Denmark has a constitutional exemption (Protocol No 16), Sweden has ceased to follow the euro convergence criteria and the possibility of Greece leaving the single currency has been openly discussed in the European Council in Spring 2015;
2016/11/16
Committee: AFCO
Amendment 113 #

2014/2248(INI)

Motion for a resolution
Recital H
H. whereas, since the Treaty of Lisbon, further accelerated by the financial and migration crises, the European Council has widened its role to include day-to-day management through the adoption of intergovernmental instruments outside the framework of the EU such as the European Stability Mechanism (ESM), the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG or the ‘Fiscal Compact’) and the deal with Turkey on migration, despite the fact that its role is to provide the Union with the necessary impetus for its development and to define general political direction and priorities, it shall not exercise legislative functions (article 15(1) TEU);
2016/11/16
Committee: AFCO
Amendment 238 #

2014/2248(INI)

Motion for a resolution
Recital R a (new)
Ra. in order to provide as much clarity as possible for business, investors and citizens (both EU citizens living in the UK and UK citizens living in the rest of the EU) it is welcome that Theresa May has declared that article 50 will be triggered before the end of March 2017, as the current uncertainty is damaging to both the UK and the EU;
2016/11/16
Committee: AFCO
Amendment 258 #

2014/2248(INI)

Motion for a resolution
Recital T a (new)
Ta. whereas a clear majority of the Union’s regional and local government have consistently expressed their view, through the Committee of the Regions, in favour of a more integrated EU with an effective governance;
2016/11/16
Committee: AFCO
Amendment 321 #

2014/2248(INI)

Motion for a resolution
Paragraph 5
5. Stresses that a comprehensive democratic reflection on the reform of the Treaties can and must only be achieved through a Convention, which like the last one guarantees inclusiveness through its composition of representatives of national parliaments, governments of all the Member States, the Commission and the European Parliament, the EU’s consultative bodies and also provides the proper platform for such reflection and engagement with European citizens;
2016/11/16
Committee: AFCO
Amendment 434 #

2014/2248(INI)

Motion for a resolution
Paragraph 12
12. Underlines the fact that, until the Treaties cease to apply to the United Kingdom, it will continue to participate in all decision-making of the Union throughout its institutions, with the exception of the negotiations and the agreement concerning its own withdrawal; considers that intermediate arrangements will need to be made concerning the UK’s participation in European decision-making, as it will be politically difficult to allow a Member State in the process of leaving to influence decisions affecting the Union of which it will soon cease to be a member; recalls the principle of sincere cooperation as laid out in the Treaties (article 4(3) TEU);
2016/11/09
Committee: AFCO
Amendment 464 #

2014/2248(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Reaffirms that constitutional elements of the Union, notably the integrity of the Single Market and the fact that this cannot be separated from the four fundamental freedoms of the Union (free movement of capital, people, goods and services) are essential, indivisible pillars of the Union, as is the existence of a state of law, guaranteed by the European Court of Justice; reaffirms this constitutional unity cannot be undone during the negotiations of the exit of the United Kingdom from the Union;
2016/11/09
Committee: AFCO
Amendment 502 #

2014/2248(INI)

Motion for a resolution
Paragraph 15
15. Acknowledges the improvements brought by the European Semester, the six- pack and the two-pack aimed at addressing these issues, but concludes that they have not solved the problems, in part due to the fact that the rules have not been fully respected nor the tools available in them activated; believes, moreover, that they have contributed to making the system overly complex, are not binding with regard to country-specific recommendations and do not cover spill- over effects between one Member State and another, or to the euro area or the EU as a whole;
2016/11/09
Committee: AFCO
Amendment 585 #

2014/2248(INI)

Motion for a resolution
Paragraph 20
20. Calls for the integration of the Fiscal Compact into the EU legal framework as well as the incorporation of the ESM and the Single Resolution Fund into EU law, with corresponding democratic oversight by Parliament, ensuring that control and accountability is the responsibility of those contributing to them;
2016/11/09
Committee: AFCO
Amendment 592 #

2014/2248(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. In order to ensure that control and accountability is undertaken by those contributing to these instruments believes that the creation of a Euro Area Parliament within the European Parliament will be needed; within the Euro Area Parliament considers it essential to differentiate between discussion concerning policies for the euro area and related decision making; modalities must be found to allow all Member State who are committed to joining the euro area to participate in discussions concerning the euro area, if they so wish, however only Member States who are members of the euro area and contribute to rescue funds etc. should be able to vote on these decisions;
2016/11/09
Committee: AFCO
Amendment 594 #

2014/2248(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Believes that any future attempts to reintroduce a double-majority for euro- area/non-euro-area Member States in the field of financial legislation must be refused as it would violate article 3 TEU;
2016/11/09
Committee: AFCO
Amendment 675 #

2014/2248(INI)

Motion for a resolution
Paragraph 25
25. Considers it necessary to endow the European Central Bank with the status of lender of last resort for market actors directly under its supervision or oversight, enjoying the full powers of a federal reserve bank;
2016/11/09
Committee: AFCO
Amendment 795 #

2014/2248(INI)

Motion for a resolution
Paragraph 33
33. Stresses that for the Union to strengthen the defence of the EU territory, as a pillar within NATO, which remains the cornerstone of the European security architecture, and to enable the Union to act autonomously in operations abroad, mainly with a view to stabilising its neighbourhood, the Treaties should provide for the possibility of establishing a European defence union; draws attention to the Franco-German initiative of September 2016, which provides a useful contribution to this issue;
2016/11/09
Committee: AFCO
Amendment 883 #

2014/2248(INI)

Motion for a resolution
Paragraph 37 a (new)
37a. Emphasises that involving citizens in the political process of their country of residence helps to build European democracy, and therefore calls for the electoral rights of citizens residing in a Member State of which they are not nationals, as set out in Article 22 TFEU, to be extended to include all remaining elections: provincial, regional, and national;
2016/11/09
Committee: AFCO
Amendment 904 #

2014/2248(INI)

Motion for a resolution
Paragraph 39 a (new)
39a. Believes that a delay of at least ten years will be required between deciding on a single seat for the European Parliament and this becoming a reality, to allow for a sufficient budgetary endowment to be established, in order to ensure the sustainable financing of a permanent centre for exchange in the former buildings of the Parliament in Strasbourg; considers that this centre should ensure meetings and exchanges of best practice between Europeans, for example citizens, experts, politicians, academics;
2016/11/09
Committee: AFCO
Amendment 953 #

2014/2248(INI)

Motion for a resolution
Paragraph 44
44. Proposes that, when Parliament and the Council vote on legislation specific to the euro area, only MEPs elected in the euro area and respectively representatives of its member states, can take part in the vote in order to ensure that democratic control and accountability is undertaken by the members of the Eurozone;
2016/11/09
Committee: AFCO
Amendment 978 #

2014/2248(INI)

Motion for a resolution
Paragraph 47
47. Pproposes moreover, that, in line with the common practice in a number of Member States, both chambers of the EU legislature, the Council and in particular the Parliament, ands the Councilonly institution directly elected by citizens, should be given the right of legislative initiative, without prejudice to the basic legislative prerogative of the European executive or government;
2016/11/09
Committee: AFCO
Amendment 983 #

2014/2248(INI)

Motion for a resolution
Paragraph 47 a (new)
47a. Recalls that legislation provides for the suspension of ESI Funds if a Member State fails to take action concerning the violation of the Stability and Growth Pact (Excessive Deficit Procedure); believes a fortiori that the EU should link the payment of all EU funds with the respect of European values, as laid out in the Treaties;
2016/11/09
Committee: AFCO
Amendment 5 #

2014/2245(INI)

Draft opinion
Paragraph 1
1. Underlines that the economic crisis and the austerity measures have greatly increased economic and social disparities, worsening the differences between (and within) Member States; emphasises that some of the investments made in the context of cohesion policy have not been sufficiently forward-looking and have therefore added to the burden on public finances;
2015/03/26
Committee: ECON
Amendment 21 #

2014/2245(INI)

Draft opinion
Paragraph 2
2. Stresses the potentially important role of cohesion policy in mitigating the effects of the financial, economic and social crisis, as well as its positive effects on all regions; underlines its importance in closing the public/private investment gap, especially in the Member States hit most by the crisis;
2015/03/26
Committee: ECON
Amendment 30 #

2014/2245(INI)

Draft opinion
Paragraph 3
3. NotesWelcomes the fact that the reform of cohesion policy has focused on delivering an investment policy; welcomes the Commission’s Investment Plan, and endorses its proposal to finance the new EFSI by making national contributions to the fund fiscally neutral as regards the SGP; stresses the interdependence of cohesion policy with the EU’s other investment initiatives; calls on the Commission to create a coherent and effective investment framework;
2015/03/26
Committee: ECON
Amendment 40 #

2014/2245(INI)

Draft opinion
Paragraph 4
4. Welcomes the ‘investment clause’ outlined in the Commission communication on flexibility within the SGP; strongly believes that the investment clause should be symmetrically extended to the corrective arm;deleted
2015/03/26
Committee: ECON
Amendment 51 #

2014/2245(INI)

Draft opinion
Paragraph 5
5. Believes that the possibility of exempting the national cofinancing of the ESIF from SGP deficit calculations should be examined;deleted
2015/03/26
Committee: ECON
Amendment 69 #

2014/2245(INI)

Draft opinion
Paragraph 6
6. Welcomes the closer alignment of cohesion policy with the overall economic strategy and the EU’s Economic Governance Framework; opposes creating a close link between financial and fiscal objectives and cohesion policy; calls on the Commission to ensure that the effectiveness of the ESIF is not compromised by macroeconomic policies; calls for the full and formal involvement of Parliament in the future governance structure of the fundCalls on the Commission to guarantee coherence between the ESIF and macroeconomic policies; emphasises the need for detailed ex post parliamentary scrutiny;
2015/03/26
Committee: ECON
Amendment 12 #

2014/2228(INI)

Draft opinion
Paragraph 1. - Point (d) - Subpoint (i.)
i.) to specify the role and the legal quality of the Regulatory Cooperation Council’s findings, taking into consideration that any direct application of its recommendations for the relevant EU instances would imply a breach of the law- making procedures laid down in the Treaties, and to ensure that no standards are lowered inside the European legal framework;
2015/03/06
Committee: AFCO
Amendment 18 #

2014/2228(INI)

Draft opinion
Paragraph 1.- Point (d) - Subpoint (ii.)
ii.) while the investor-state dispute settlement (ISDS) is an appropriate tool to protect investors and assure that investments are treated in a fair and non- discriminatory way, to oversee that it does not undermine the capacity of European, national and local authorities to legislate their own policies, in particular social and environmental policies, and therefore respect the constitutional framework of the Member Statesrecognising that investment protection is necessary, to explore viable, transparent alternatives to investor-state dispute settlement mechanisms (ISDS), inspired, for example, by the dispute settlement mechanism in place within the WTO;
2015/03/06
Committee: AFCO
Amendment 30 #

2014/2228(INI)

Draft opinion
Paragraph 1. - Point (d) - Subpoint (ii.) d (new)
ii.)d to ensure the ECJ's exclusive jurisdiction over the definitive interpretation of European Union law, enforcing the general principles of the legal framework of the EU;
2015/03/06
Committee: AFCO
Amendment 31 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph c
c. take immediate action to include restrictions on state aid in the agreement; propose greater transparency within state aid rules and within the allocation of state aid; acknowledge the particular statute of Defense but believes that Defense spendings must not be misused, leading to abuse and unfair funding through this channel or expenditure which is in fact state aid;
2015/03/04
Committee: ECON
Amendment 40 #

2014/2228(INI)

Draft opinion
Paragraph 1.- Point (e) - Subpoint (iv.)
iv.) to implement the recommendations of the European Ombudsman from 6 January 2015 to further enhance the legitimacy and transparency of the negotiating process by fully complying with the rules on public access to documents, by making available relevant documents in all the official languages of the EU on its website more proactively and comprehensively, and by ensuring more balanced and transparent public participation;
2015/03/06
Committee: AFCO
Amendment 42 #

2014/2228(INI)

Draft opinion
Paragraph 1.- Point (e) -subpoint (iv.) - a (new)
iv.)a - calls, therefore, on the Commission to support and continue negotiations with the Council to unblock the amendment to Regulation (EC) Nº 1049/2001 regarding public access to documents;
2015/03/06
Committee: AFCO
Amendment 45 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph d
d. take immediate action to ensure that market access negotiations on financial services are combined with upward convergence in financial regulation; support high international standards in on- going cooperation efforts in other international fora; provided that they respect transparency and fairness; ensure that cooperation efforts do not limit each partner's ability to adopt regulatory and supervisory decisions appropriate to their respective economic and financial systems, including their ability to ban financial products and activities, as long as it does not favour regulatory arbitrage nor does it unfairly restrict competition;
2015/03/04
Committee: ECON
Amendment 58 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph e
e. take immediate action to ensure that aggressive tax planning, and distortion of competition by e.g. moving of headquarters across the Atlantic to obtain competition- distorting conditions, are addressed; calls on the TTIP to include and implement the OECD's recommendations on tax havens, tax avoidance and Base Erosion and Profit Shifting (BEPS);
2015/03/04
Committee: ECON
Amendment 74 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph g
g. take immediate action to ensure reciprocal market access for European companies to public contracts and public procurement in the United States; underlines that anthe current imbalance of market access to public contracts and public procurement in the United States compared to in the European Union constitutes unfair competition;
2015/03/04
Committee: ECON
Amendment 102 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph i
i. propose the introduction of a national court systems-first principle, to be supplemented with mediation and intergovernmental dispute mechanisms in legal disputes in order to ensure easier access and lower litigation costs than those offered by current ISDS- mechanisms, benefitting especially SMEs (having fewer resources available than large corporations), thus creating more equal competition conditionexplore viable alternatives to dispute settlement mechanisms; stress that any and all dispute mechanisms set in place within the TTIP-framework must uphold full transparency and be subject to democratic principles and scrutiny;
2015/03/04
Committee: ECON
Amendment 112 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph i a (new)
ia. include the FACTA (Foreign Account Tax Compliance Act) into the TTIP making it reciprocal, less costly and less administrative;
2015/03/04
Committee: ECON
Amendment 115 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph i b (new)
ib. include a mandatory country-by- country reporting regime for corporates;
2015/03/04
Committee: ECON
Amendment 121 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph j
j. acknowledge the importance of state- owned enterprises for certain crucial servicesarticle 345 of the TFEU stating that "the treaties shall in no way prejudice the rules in Member States governing the system of property ownership";
2015/03/04
Committee: ECON
Amendment 130 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph k
k. stress the need to uphold the EU’s tradition for organising its public services, and call for an exclusion of public services from the agreement;deleted
2015/03/04
Committee: ECON
Amendment 144 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph l
l. propose that there should be no obligation in TTIP to expose sensitive sectors to competition.deleted
2015/03/04
Committee: ECON
Amendment 37 #

2014/2221(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Believes that there should be a role foreseen for the European Court of Justice in EMU in case a Member State does not respect the rules, which would allow a Member State taking another Member State to court over the non- compliance with the rules;
2015/01/19
Committee: ECON
Amendment 80 #

2014/2221(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Underlines that Member States must ringfence their investment funds in their national budgets in order to take part in the European Strategic Investment Fund. Stresses that it is important that the European funds will lead to additional investment, not just replacing national investment funds that would go to consumption;
2015/01/19
Committee: ECON
Amendment 88 #

2014/2221(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Stresses that there should be a special regime for SME:s to the Investment Fund in order to create a level-playing field as SME:s easily are put into disadvantage due to their size and market position.
2015/01/19
Committee: ECON
Amendment 103 #

2014/2221(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Underlines the fact that the overall indebtedness of Member States in the euro area is not only an obstacle to growth but also puts a huge burden on future generations;
2015/01/19
Committee: ECON
Amendment 111 #

2014/2221(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the ambitious structural reforms implemented by those Member States most affected by the crisis; welcomes as well the fact that those Member States that have successfully implemented adjustment programmes or financial sector programmes have been able to return to the capital markets, where they now access capital at low interest rates; finds it regrettable that the Member States in the rest of the euro area are less ambitious in modernising their economies;
2015/01/19
Committee: ECON
Amendment 125 #

2014/2221(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Member States to continue the process of deep and sustainable structural reforms to make their labour markets more efficient, to modernise social protection systems, including pensions, and to improve and streamline the legal and administrative environment for business investment; stresses that structural reforms need to be complemented by well-targeted, longer- term investments in education, research and development, innovation, infrastructure, ICT and, sustainable energy and human resources;
2015/01/19
Committee: ECON
Amendment 133 #

2014/2221(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Underlines that the Member States should pay particular attention to youth unemployment when making reforms in order not to deprive young people of their opportunities from the start;
2015/01/19
Committee: ECON
Amendment 140 #

2014/2221(INI)

Motion for a resolution
Paragraph 12
12. Points out that EU financial assistance to certain Member States, provided on terms combining solidarity with conditionality, has proved to be most successful when there was a strong ownership and commitment to reform; reminds the Commission and the Member States that they need to explore ways of bringing the financial assistance under the EU framework; calls therefore for the creation of a European Monetary Fund (EMF) on the basis of Union law, which would be subject to the Community method;
2015/01/19
Committee: ECON
Amendment 163 #

2014/2221(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission, as guardian of the Treaty, to make full use of all measures provided for in EU law to support the enforcement of the implementation of the European Semester;
2015/01/19
Committee: ECON
Amendment 164 #

2014/2221(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Is concerned about protectionist tendencies in certain Member States; points out that the Treaty does not provide for the restriction of the free movement of people, services or capital, and recalls that the Commission must safeguard and enforce these freedoms;
2015/01/19
Committee: ECON
Amendment 202 #

2014/2221(INI)

Motion for a resolution
Paragraph 19
19. Agrees with the Commission that most Member States need to continue to pursue growth-friendly fiscal consolidation; invites Member States with sufficient fiscal space to consider reducing taxes and social security contributions with a view to stimulating private investment; stresses the fact that special emphasis should be placed on growth-enhancing reforms and policies;
2015/01/19
Committee: ECON
Amendment 206 #

2014/2221(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Notes the excessively high public debt levels, particularly in the euro area; urges Member States and the Commission to address the debt overhang by establishing a European debt redemption fund based on conditionality combining structural reforms with fiscal incentives; points out that such a debt redemption fund needs to go hand in hand with an insolvency procedure for sovereigns safeguarding market discipline;
2015/01/19
Committee: ECON
Amendment 226 #

2014/2221(INI)

Motion for a resolution
Subheading 4
Strengthened coordination of national policiesand international policies, and improved democratic accountability
2015/01/19
Committee: ECON
Amendment 239 #

2014/2221(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls on the Commission to put forward a proposal on the single external representation of the euro area based on Article 138 TFEU;
2015/01/19
Committee: ECON
Amendment 241 #

2014/2221(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Reiterates its view that the current economic governance framework is lacking sufficient democratic accountability in the application of its rules and of the institutions and bodies involved; calls on the Commission to make the necessary proposals to address the lack of proper democratic accountability in EU economic governance;
2015/01/19
Committee: ECON
Amendment 18 #

2014/2157(INI)

Motion for a resolution
Recital E
E. whereas, according to the Commission services’ spring 2014 forecast, the average inflation rate in the euro area was 1.3 % in 2013, down from 2.5 % in 2012; whereas inflation in the euro area has continued to be on a downward path since the beginning of 2014, reaching a low of 0.3 % in September; whereas the overall HICP inflation rate went down to 0% in Portugal, -0.1% in Italy and -0.3% in Spain in September 2014;
2014/11/19
Committee: ECON
Amendment 74 #

2014/2157(INI)

Motion for a resolution
Paragraph 5
5. Points out that the ECB forecasts published in 2013 had not anticipated the actual conjunction of a flat growth and a very low inflation and even deflationary signs; calls, against this background, for the current forecasts of stronger economic growth and higher inflation in 2015 and 2016 to be read with caution;
2014/11/19
Committee: ECON
Amendment 110 #

2014/2157(INI)

Motion for a resolution
Paragraph 11
11. Notes that the ECB has announced that it will purchase asset-backed securities (ABS) and covered bonds in order to empower the credit-easing impact of the TLTROs; stresses that such interventions on ABS market must be conducted in a transparent manner that does not create excessive risks for the ECB’s balance sheet, notably through transparent and strict conditionality;
2014/11/19
Committee: ECON
Amendment 157 #

2014/2157(INI)

Motion for a resolution
Paragraph 18
18. Recalls that the independence of the ECB in the conduct of its monetary policy, as enshrined in the Treaties, is crucial to the objective of safeguarding price stability; recalls that all governments and public national authorities should also refrain from asking for actions or commenting on decisions which the ECB takes;
2014/11/19
Committee: ECON
Amendment 159 #

2014/2157(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Reminds that all members of the ECB's General Council are committed to the decisions taken which remain confidential, unless a decision has been taken to make them public;
2014/11/19
Committee: ECON
Amendment 169 #

2014/2157(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. believes that central banks worldwide should work actively to avoid any policy that would generate negative spillovers on others; notes that some central banks call on other central banks to take on board potential negative spillovers of monetary policies long after they have unilaterally implemented their own policies;
2014/11/19
Committee: ECON
Amendment 202 #

2014/2157(INI)

Motion for a resolution
Paragraph 24
24. Points out that activity on government securities continues to be a major source of profit for banks of the euro area, even though credit to the non-financial private sector remains sluggish; considers that technical and legislative work on risks linked to sovereign debt should be accelerated;
2014/11/19
Committee: ECON
Amendment 2 #

2014/2145(INI)

Motion for a resolution
Citation 3
– having regard to the deletter of 3 July 2013 from the then Vice-President of the Commission, Olli Rehn, on the application of Article 5(1) of Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies,d
2015/03/04
Committee: ECON
Amendment 8 #

2014/2145(INI)

Motion for a resolution
Citation 14 a (new)
- having regard to the conclusions of the European Council meeting on 23rd October 2011,
2015/03/04
Committee: ECON
Amendment 13 #

2014/2145(INI)

Motion for a resolution
Citation 17
– having regard to the speech of 15 July 2014 by President of the Commission Jean-Claude Juncker at the European Parliament,deleted
2015/03/04
Committee: ECON
Amendment 21 #

2014/2145(INI)

Motion for a resolution
Citation 19
– having regard to the speech of 22 August 2014 by President of the ECB Mario Draghi at the annual central bank symposium in Jackson Hole,deleted
2015/03/04
Committee: ECON
Amendment 23 #

2014/2145(INI)

Motion for a resolution
Citation 20
– having regard to the opinion of 14 January 2015 of the European Court of Justice Advocate-General, Cruz Villalón, regarding the legality of the Outright Monetary Transactions (OMT) programme of the ECB,deleted
2015/03/04
Committee: ECON
Amendment 25 #

2014/2145(INI)

Motion for a resolution
Citation 21
– having regard to the announcement by the ECB of 22 January 2015 of an expanded asset purchase programme,deleted
2015/03/04
Committee: ECON
Amendment 26 #

2014/2145(INI)

Motion for a resolution
Citation 22
– having regard to ECB Occasional Paper No 157 of November 2014 entitled ‘The identification of fiscal and macroeconomic imbalances – unexploited synergies under the strengthened EU governance framework’,deleted
2015/03/04
Committee: ECON
Amendment 27 #

2014/2145(INI)

Draft opinion
Paragraph 4 a (new)
4a. Welcomes President Juncker's proposal to create a European fund for strategic investments (EFSI) and introduce new detailed guidelines for the deduction of expenditure for the fund under the Stability and Growth Pact;
2015/01/29
Committee: AFCO
Amendment 29 #

2014/2145(INI)

Motion for a resolution
Citation 23
– having regard to the CPB Netherlands Bureau for Economic Policy Analysis policy brief of July 2014 entitled ‘Structural budget balance: a love at first sight turned sour’,deleted
2015/03/04
Committee: ECON
Amendment 31 #

2014/2145(INI)

Draft opinion
Paragraph 5
5. Takes the view that it is vital to distinguish between countries' operating expenditure and their productive investments, and that it is for the Commission, with the help of Eurostat, to lay down, in advance, strict eligibility criteria that, for the durable achievement of the objective of balancing national public finances under the Treaties, it is vital for the Commission allow for more favourable treatment of national productive investments that guarantee the viability of public finances in the long term, in accordance with Article 126(3) of the Treaty on the Functioning of the European Union (TFEU); urges the Commission, together with Eurostat, to define the eligibility criteria in advance;
2015/01/29
Committee: AFCO
Amendment 32 #

2014/2145(INI)

Motion for a resolution
Citation 24
– having regard to Organisation for Economic Cooperation and Development (OECD) Working Paper No 977 of 6 July 2012 entitled ‘Implications of output gap uncertainty in times of crisis’,deleted
2015/03/04
Committee: ECON
Amendment 34 #

2014/2145(INI)

Motion for a resolution
Citation 25
– having regard to OECD Social, Employment and Migration Working Paper No 163 of 9 December 2014 entitled ‘Trends in income inequality and its impact on economic growth’,deleted
2015/03/04
Committee: ECON
Amendment 36 #

2014/2145(INI)

Motion for a resolution
Citation 26
– having regard to the IMF staff discussion note of September 2013 entitled ‘Towards a fiscal union for the euro area’,deleted
2015/03/04
Committee: ECON
Amendment 41 #

2014/2145(INI)

Draft opinion
Paragraph 6
6. Takes the view that a minor change to the Treaties, i.e. the deletion of Article 126(10) TFEU, would make it possible for the Court of Justice to penalise infringementsthe European Court of Justice is one of the pillars of the Community method; considers that a community of law requires judicial control (infringement proceedings against defaulting Member States and action for annulment against decisions of the institutions, thereby providing programme countries with a guarantee) and that the absence of the European Court of Justice, which has played an essential role in underpinning the rule of law in the Union, ais befits a community based on the rule of law. a serious shortcoming of Economic and Monetary Union; considers that the deletion of Article 126(10) TFEU would enable the Court of Justice to resume this key role.
2015/01/29
Committee: AFCO
Amendment 58 #

2014/2145(INI)

Motion for a resolution
Recital A
A. whereas, according to the Commission's autumn forecast, after two consecutive years of unanticipated negative growth, gross domestic product (GDP) in the euro area is expected to rise by 0.8 % in 2014 and by 1.1 % in 2015, meaning that the pre-crisis growth rate will not be regained this yeareconomic recovery is slowly gaining ground;
2015/03/04
Committee: ECON
Amendment 78 #

2014/2145(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas, according to article 2 of the TEU, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;
2015/03/04
Committee: ECON
Amendment 84 #

2014/2145(INI)

Motion for a resolution
Recital B
B. whereas huge differences will continue to prevail between the Member States, also following the Troika’s intervention, with forecasted GDP growth rates in 2014 ranging between -2.8 % in Cyprus and +4.6 % in Ireland reflecting increasingly undermining growing internal divergencthe will and ambition of different Member States to reform to regain competitivenes s;
2015/03/04
Committee: ECON
Amendment 112 #

2014/2145(INI)

Motion for a resolution
Recital C
C. whereas, according to the Commission's autumn forecast, investment in the euro area decreased by 3.4 % in 2012, by 2.4 % in 2013 and by 17 % since the pre-crisis period, with the expected rebound rate in 2014 (0.6 %) and that anticipated for 2015 (1.7 %) being very weak; whereas both a lack of future-oriented investment can be just as detrimental to future generations as excessive public debtd excessive public debt are a crippling burden for future generations;
2015/03/04
Committee: ECON
Amendment 124 #

2014/2145(INI)

Motion for a resolution
Recital D
D. whereas a European investment plan is being put in place to raise EUR 315 billion in new investments over the next three years whose success also depends on the implementation of structural reforms to create an investor-friendly environment in Member States;
2015/03/04
Committee: ECON
Amendment 144 #

2014/2145(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Underlines, however, that since the new rules have been introduced, progress has been made in addressing fiscal consolidation, with the EU-28 average fiscal deficit falling from 4.5% of GDP in 2011 to a forecast of around 3% of GDP in 2014;
2015/03/04
Committee: ECON
Amendment 145 #

2014/2145(INI)

Motion for a resolution
Paragraph -1 a (new)
-1a. Welcomes the Commission communication (COM(2014) 905) on the application of the Six- and Two-Pack; agrees with the Commission that the ability to draw conclusions on the effectiveness of the regulations is limited by the short experience of their operation, which in addition has been characterised by a severe economic crisis and hence leaves the rules untested in normal economic times;
2015/03/04
Committee: ECON
Amendment 146 #

2014/2145(INI)

Motion for a resolution
Paragraph -1 b (new)
-1b. Stresses that at the core of the economic governance system is the prevention of excessive deficit and debt levels as well as excessive macroeconomic imbalances; underlines therefore that an assessment of the application of the six- pack and two-pack at this stage remains partial as the efficiency of the system to a large extent relies on the proper working of the preventive part of it, which is precisely what remains to be proven in better economic times;
2015/03/04
Committee: ECON
Amendment 147 #

2014/2145(INI)

Motion for a resolution
Paragraph -1 c (new)
-1c. Welcomes the measures taken by the EU to respond to the weaknesses in its economic governance system revealed by the economic and financial crisis, namely the six-pack and two-pack; believes these represent a necessary first step to strengthen budgetary surveillance and economic policy coordination;
2015/03/04
Committee: ECON
Amendment 171 #

2014/2145(INI)

Motion for a resolution
Paragraph 1
1. Believes that the current economic situation calls for urgent, comprehensive and decisive measures to face the threat of deflation or very low inflation, lowa continuation of growth-friendly fiscal consolidation and structural reforms to modernise EU economies, restore competitiveness, foster innovation, increase growth and high unemployment prospects as well as reducing inequalities and fighting poverty;
2015/03/04
Committee: ECON
Amendment 186 #

2014/2145(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. recalls that article 3 of the Treaty of European Union (TEU) states that the Union, based on a highly competitive social market economy, "shall combat social exclusion and discrimination"; underlines therefore that budgetary policies must also tackle the poverty and social exclusion suffered by Europe's most deprived citizens, as not wasting human resources is a crucial component of competitiveness;
2015/03/04
Committee: ECON
Amendment 189 #

2014/2145(INI)

Motion for a resolution
Paragraph 2
2. Highlights the fact that the current economic governance framework does not allow for a proper debate on the economic perspective of the euro area or on an aggregate fiscal stance and does not address the different economic and fiscal situations on an equal footing;deleted
2015/03/04
Committee: ECON
Amendment 253 #

2014/2145(INI)

Motion for a resolution
Paragraph 4
4. Stresses that the current situation calls for closer and inclusive economic coordination (to increase aggregate demand, improve fiscal sustainability and allow for fair and sustainable structural reforms and related investments) and for swift reactions so as to correct the most obvious fault lines in the economic governance framework: the fact that the Member States of the Euro area do not currently sufficiently consider the Euro area as a whole, and this lack of/or misguided implementation of the rules;
2015/03/04
Committee: ECON
Amendment 258 #

2014/2145(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Believes that ensuring the credibility of the framework is key to enhancing its democratic legitimacy; stresses that credibility can only be assured by a consistent and fair implementation of the framework across countries and over time;
2015/03/04
Committee: ECON
Amendment 271 #

2014/2145(INI)

Motion for a resolution
Paragraph 5
5. Warns that the accumulationcomplexity of procedures makesconcerning the economic governance framework complex and not transparent enough, which is detrimental to the ownership and acceptance by parliaments, social partners and citizens of guidelines, recommendations and reforms stemming from this frameworkas well as the lack of transparency on their implementation at national and European level makes it less efficient;
2015/03/04
Committee: ECON
Amendment 306 #

2014/2145(INI)

Motion for a resolution
Paragraph 7
7. Underlines all the existing provisions under the Stability and Growth Pact (SGP) which have been put in place to ensure an anti-cyclical policy; finds it regrettable that these provisions were not put to full use in previous years, in the context of low inflation, low growth and high unemployment;deleted
2015/03/04
Committee: ECON
Amendment 317 #

2014/2145(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Believes that sufficient flexibility is built in the existing provisions of the Stability and Growth Pact (SGP); stresses that the application of flexibility should solely be based on numerical criteria and quantifiable targets leaving no room for political bargaining;
2015/03/04
Committee: ECON
Amendment 318 #

2014/2145(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Acknowledges that progress has been made to strengthen the preventive arm of the SGP: stresses that any new flexibility in granting deviations from the Medium Term Objectives should not endanger this preventive nature of the Pact over the economic cycle and that any deviation should include a real safety margin for all Member States to reach their MTO in the given timeframe;
2015/03/04
Committee: ECON
Amendment 319 #

2014/2145(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Requests the Commission and the Council to include an explicit reference to the required fiscal effort for the current and the upcoming year in the relevant recommendations under the preventive and corrective arm of the SGP; Requests furthermore that all underlying analysis regarding the implementation of the SGP should be published;
2015/03/04
Committee: ECON
Amendment 331 #

2014/2145(INI)

Motion for a resolution
Paragraph 8
8. WelcomNotes the fact that in its interpretative communication on flexibility, the Commission acknowledgstates that the way in which the current fiscal rules are interpreted is crucial in bridging the investment gap in the EU and implementing growth- enhancing structural reforms;
2015/03/04
Committee: ECON
Amendment 336 #

2014/2145(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Considers that in order to ensure the long term sustainability of national public finances, it is of the utmost importance for the Commission to check the quality and relevance of public finances, in particular that national budgets are future oriented, by identifying, together with Eurostat, and encouraging the investment expenditures rather than the consumption expenditures, in accordance with Article 126(3) of the Treaty on the Functioning of the European Union;
2015/03/04
Committee: ECON
Amendment 341 #

2014/2145(INI)

Motion for a resolution
Paragraph 9
9. Supports all the incentives to finance the new European Fund for Strategic Investments (EFSI), mainly by making national contributions to the fund fiscally neutral as regards the SGP; calls for further clarification regarding the concrete treatment of these contributions in accordance with the new paradigm set out in the communication;deleted
2015/03/04
Committee: ECON
Amendment 370 #

2014/2145(INI)

Motion for a resolution
Paragraph 10
10. BelievNotes that the communication rightly broadens the scope of the investment clause, allowing for flexibility in the preventive arm of the SGP to accommodate investment programmes by the Member States, in particular as regards expenditure on projects under structural and cohesion policy, including the Youth Employment Initiative, trans- European networks and the Connecting Europe Facility, and co-financing under the EFSI; believes that this approach must be urgently reassessed to be symmetrically applied to the correcmore flexibility in the preventive arm of the SGP;
2015/03/04
Committee: ECON
Amendment 386 #

2014/2145(INI)

Motion for a resolution
Paragraph 11
11. BelievStresses that the structural reform clause under the preventive arm and the means of consideringprecondition for the application of the structural reform pclansuse under the correcpreventive arm constitute a step forward as regards ensuring the more efficient implementais the formal parliamentary adoption of a reforms by Member States; calls for further clarification as to the types of structural reforms eligible under this new scheme; believes that a direct link to the cost, timeframe impact and value of structural reforms should also be explicit in the corrective arm of the SGPcompatibility of the reinterpretation of the rules with the Treaty and secondary law;
2015/03/03
Committee: ECON
Amendment 404 #

2014/2145(INI)

Motion for a resolution
Paragraph 12
12. Believes that structural reforms should have a positive socioeconomic return and contribute to increased administrative capacitefficiency;
2015/03/03
Committee: ECON
Amendment 416 #

2014/2145(INI)

Motion for a resolution
Paragraph 13
13. DeplorNotes, however, the fact that the communication does not touch upon the nature of ‘unusual events’ falling outside the control of a Member State which could allow it to temporarily depart from the adjustment path towards achieving its MTO, recalls the general principle of law which requires that exemption rules must be applied restrictively;
2015/03/03
Committee: ECON
Amendment 427 #

2014/2145(INI)

Motion for a resolution
Paragraph 14
14. Believes that more room for flexibility and soft laws exists under the SGP and the rules as laid out in the SGP clearly define the European Semester; invites the Commission to build on this flexibility and to propose rule changes where neededremits of flexibility and calls on the Commission to ensure their strict and fair implementation;
2015/03/03
Committee: ECON
Amendment 457 #

2014/2145(INI)

Motion for a resolution
Paragraph 15
15. Invites the Commission and the Council to better articulate the fiscal and macroeconomic frameworks, notably in the corrective arm of the SGP, to allow for earlier debate among stakeholders, taking into account the need to increase convergence between euro area Member States and the role of national parliaments and social partners regarding the design and implementationownership of structural reforms;
2015/03/03
Committee: ECON
Amendment 472 #

2014/2145(INI)

Motion for a resolution
Paragraph 16
16. Insists that the Annual Growth Survey (AGS) and euro area recommendation must be better designed and put to better use to allow for a global economic debate, notably as regards convergence intake into account the interest of the euro area as a whole; proposes that the country- specific recommendations (CSRs) should be established on the basis of striking a better balance between the AGS and the macroeconomic imbalance procedure (MIP), and suggests that the euro area recommendation should be made compulsory following a proper debate with the European Parliament, with incentives being offered so as to encourage the implementation thereof; requests that the excessive deficit procedure (EDP) recommendation be joined together with the CSRs;
2015/03/03
Committee: ECON
Amendment 484 #

2014/2145(INI)

Motion for a resolution
Paragraph 17
17. Asks the Commission to verify whether the current 1/20 rule on debt reduction is sustainable and whether it needs to be reconsidered;deleted
2015/03/03
Committee: ECON
Amendment 514 #

2014/2145(INI)

Motion for a resolution
Paragraph 18
18. Asks the Commission to make the three-pillar strategy (investment, fiscal rules and structural reforms), presented in the AGS 2015, more concrete under the euro area recommendation and in the CSRs and to strengthen itstake into account the need for ap proach by building a fourth pillar ongressive and common approach to taxation;
2015/03/03
Committee: ECON
Amendment 527 #

2014/2145(INI)

Motion for a resolution
Paragraph 19
19. Believes that national fiscal councils could play a useful role at EU level; requests the set-up of a European network allowing for an independent analysis of the economic perspective to be established as a basis for a proper political discussion among stakeholders; recalls that independent bodies due to assess the effective and timely monitoring of compliance with the rules where created by the Council directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States; is of the opinion that an independent analysis is also needed at the EU level; reminds that the Commission's independent Chief Economic Analyst (Decision of the President of the European Commission of 28 October 2011) was designed in response to the calls for an independent surveillance of the Commission's increased discretionary powers enshrined in the 6-pack and the 2-pack; believes that the national independent bodies should work as a network, under the leadership of the Chief Economic Analyst, to monitor the fair and transparent implementation of the EU rules' framework; calls on this monitoring to be made public;
2015/03/03
Committee: ECON
Amendment 533 #

2014/2145(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Suggests that such a fiscal council led by the Chief Economic Analyst could provide objective, independent and transparent analyses to both the Commission and the Council as well as the Parliament;
2015/03/03
Committee: ECON
Amendment 544 #

2014/2145(INI)

Motion for a resolution
Paragraph 20
20. Believes that the MIP must be used in a more balanced manner between deficit and surplus countries, also to address countries with significant room for actionefficient manner, particularly with regard to strengthening competitiveness and better taking into account the euro area as a whole, including all the spill- over effects of national policies through the scoreboard;
2015/03/03
Committee: ECON
Amendment 557 #

2014/2145(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to explore ways in which to better align the preventive and corrective arms of the SGP, in particular regarding investment allowing temporary deviation from the MTO, or the adjustment path towards it, within the existence of a safety margin under the preventive arm;deleted
2015/03/03
Committee: ECON
Amendment 564 #

2014/2145(INI)

Motion for a resolution
Paragraph 22
22. Asks the Commission to take into account all relevant factors, including real growth and inflation, when evaluating the economic and fiscal situations of Member States under the EDP;deleted
2015/03/03
Committee: ECON
Amendment 578 #

2014/2145(INI)

Motion for a resolution
Paragraph 23
23. Insists on the need to clarifyBelieves that the way in which effective actions are taken into account under the EDP should be based on clear, numerical and quantifiable criteria;
2015/03/03
Committee: ECON
Amendment 580 #

2014/2145(INI)

Motion for a resolution
Paragraph 24
24. Insists that the focus on structural deficits since the 2005 reform of the SGP, together with the introduction of an expenditure rule with the 2011 reform, creates margins for the discretionary implementation of the SGP, as the calculation of potential growth, underpinning the assessment of structural deficits, and that of the expenditure rule are subject to several questionable assumptions and substantial revisions between the Commission’s autumn and spring forecasts, thereby leading to various calculations and diverging assessments as regards the implementation of the SGP;deleted
2015/03/03
Committee: ECON
Amendment 593 #

2014/2145(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission, when evaluating the fiscal position of Members States, to include a better balance between the impact of the agreed fiscal measures and the fiscal figures based on estimated potential growth for GDP, output gaps and structural deficits that may introduce unexpected radical change at a later stage;deleted
2015/03/03
Committee: ECON
Amendment 594 #

2014/2145(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission, when evaluating the fiscal position of Members States, to include a better balance between the impact of the agreed fiscal measures and the fiscal figures based on estimated potential growth for GDP, output gaps and structural deficits that may introduce unexpected radical change at a later stage;deleted
2015/03/03
Committee: ECON
Amendment 604 #

2014/2145(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Believes that the credibility of the economic governance framework rests on the fair and transparent application of the rules; calls on the Commission to publish the reports of its independent Chief Economic Analyst verifying the consistent implementation of the rules; invites the Commission's Chief Economic Analyst to present to the European Parliament his/her assessment regarding the consistent implementation of the rules;
2015/03/03
Committee: ECON
Amendment 617 #

2014/2145(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Takes the view that implementation and an effective enforcement of the current economic governance framework is the best way forward for the EMU: stresses the need for political ownership of the common rules and tool both at EU and national level which includes a stronger commitment of national parliaments and governments to implement structural reforms;
2015/03/03
Committee: ECON
Amendment 618 #

2014/2145(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Takes the view that in the field of EMU parliamentary control is shared between the national and the European level and insists that responsibilities must be assumed at the level where decisions are taken or implemented, with national parliaments scrutinising national governments and the European Parliament scrutinising the European executive; it is only in this way that the required increased accountability of decision making can be ensured; considers that this increased legitimacy can be ensured by foreseeing the adoption of National Reform Programmes and possible Convergence Partnerships by national parliaments as well as the adoption of European policy orientations, detailed in the Annual Growth Survey, by the European Parliament; stresses that such a cooperation should not be seen as the creation of a new mixed parliamentary body which would be both ineffective and illegitimate from a democratic and constitutional point of view;
2015/03/03
Committee: ECON
Amendment 619 #

2014/2145(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Considers that in the medium term, notably in order to ensure the required accountability for the ESM, a Euro area parliament will be required, under the auspices of the European Parliament, for Euro area Member States, with appropriate and inclusive mechanisms for those Member States committed to joining;
2015/03/03
Committee: ECON
Amendment 628 #

2014/2145(INI)

Motion for a resolution
Paragraph 27
27. Acknowledges, based on the current situation, that the economic governance framework must be corrected and completed in both the medium and long term to allow for the EU and the euro area to meet the challenges of convergence, long-lasting investment and relicompetitiveness, future- oriented investment and sound public finances;
2015/03/03
Committee: ECON
Amendment 636 #

2014/2145(INI)

Motion for a resolution
Paragraph 28
28. Calls for the annual sustainable growth guidelines to be made subject to a codecision procedure that should be introducgrowth survey to be made subject to a more formal involvement of Parliament based ion the next Treaty changa consent procedure; instructs its President to represent the annual sustainable growth guidelines as amended by Parliament at the spring European Council based on a resolution adopted in plenary;
2015/03/03
Committee: ECON
Amendment 643 #

2014/2145(INI)

Motion for a resolution
Paragraph 29
29. Recalls that legislation implemented during the crisis on the basis of intergovernmental agreements lacks sufficient democratic accountability at EU level;
2015/03/03
Committee: ECON
Amendment 650 #

2014/2145(INI)

Motion for a resolution
Paragraph 30
30. Recalls the European Parliament's request that the creation of the European Stability Mechanism (ESM) and the Treaty on Stability, Coordination and Governance ('Fiscal Compact') outside of the structure of the institutions of the Union represents a setback to the political integration of the Union and, therefore, demands that the ESM and the Fiscal Compact be fully integrated into the community framework and made formally accountable to Parliament, for the latter on the basis of an assessment of the experience of its implementation, as stipulated in Article 16 of the Treaty on Stability, Coordination and Governance in the EMU;
2015/03/03
Committee: ECON
Amendment 659 #

2014/2145(INI)

Motion for a resolution
Paragraph 31
31. Calls for a newUnderlines that the legal framework for future assistance programmes needs to be improved in order to ensure that all decisions are taken under the responsibility of the Commission with full involvement of Parliament; stresses that Parliament should without delay follow up on its resolution of 13 March 2014 on the enquiry on the role and operations of the Troika and prepare a new, separate resolution fully dedicated to this issue drawing and building on the first enquiry, irrespective of any eventual evolution concerning the name of the Troika;
2015/03/03
Committee: ECON
Amendment 671 #

2014/2145(INI)

Motion for a resolution
Paragraph 32
32. Requests, as per the opinion of the ECJ’s Advocate-General, that the ECB not form part of any assistance programmes;deleted
2015/03/03
Committee: ECON
Amendment 689 #

2014/2145(INI)

Motion for a resolution
Paragraph 33
33. Requests that a reassessment of the Eurogroup’s decision-making process be conducted so as to provide for apimpropriateved democratic accountability; believes that in the long term the Commissioner for Economic Affairs should assume the role of President of the Eurogroup;
2015/03/03
Committee: ECON
Amendment 699 #

2014/2145(INI)

Motion for a resolution
Paragraph 34
34. Recalls that a ‘genuine Economic and Monetary Union’ (EMU) cannot simply be limitneeds to a system of rules but also requires an increased euro area fiscal capacitybe based on a rules based system, which is simple, comprehensible and can be easily enforced, including automatic sanctions in the case of non-compliance;
2015/03/03
Committee: ECON
Amendment 706 #

2014/2145(INI)

Motion for a resolution
Paragraph 34 a (new)
34a. Believes that there will never be genuine EMU without Treaty change and a role for the ECJ in the enforcement of the budgetary rules, according to the principle of the rule of law, as stated in article 2 of TEU; this includes both infringement proceedings against Member States failing to fulfil their obligations and action for annulment against decisions of the institutions, thereby inter alia providing programme countries with a guarantee; believes that the involvement of the ECJ may notably be a guarantee that the rules will be applied identically irrespective of the size of the Member State; states that this role for the ECJ will not result in economic governance procedures being delayed;
2015/03/03
Committee: ECON
Amendment 710 #

2014/2145(INI)

Motion for a resolution
Paragraph 35
35. Recalls that the banking union was the result of the political will to avoid a financial crisis and that the same will is needed as regards a fiscal union in order to avoid a political crisis;deleted
2015/03/03
Committee: ECON
Amendment 726 #

2014/2145(INI)

Motion for a resolution
Paragraph 36
36. Asks the Commission to come forward with an ambitious roadmap which takes into account the need for economic governance reforms, as outlined in this report, andfor the establishment of a genuine economic and monetary union, which should be presented to Parliament by the end of May 2015, ahead of the June European Council building on previous work such as the Thyssen report of 20 November 2012 "Towards a genuine Economic and Monetary Union", the communication of the Commission of 28 November 2012 "A blueprint for a deep and genuine economic and monetary union. Launching a European debate" and the final Four Presidents report of 5 December 2012;
2015/03/03
Committee: ECON
Amendment 730 #

2014/2145(INI)

Motion for a resolution
Paragraph 36 a (new)
36a. Is of the opinion that a 'genuine EMU' cannot be limited to a system of rules but requires an increased budgetary capacity based on specific own- resources which should, in the framework of the Union budget, support growth and social cohesion addressing imbalances, structural divergences and financial emergencies which are directly connected to the monetary union, without undermining its traditional functions to finance common policies.
2015/03/03
Committee: ECON
Amendment 754 #

2014/2145(INI)

Motion for a resolution
Paragraph 37 – indent 1
– a ‘taxation union’, common approach to taxation including a common corporate tax base, convergence of tax rates, simpler and more transparent tax systems and country-by-country reporting for corporates;
2015/03/03
Committee: ECON
Amendment 769 #

2014/2145(INI)

Motion for a resolution
Paragraph 37 – indent 2
– a social dimension, including a minimum wage mechanism and a minimum unemploymentcommon approach to social benefit schemes for the euro area and in-depth reforms to favour mobility,
2015/03/03
Committee: ECON
Amendment 780 #

2014/2145(INI)

Motion for a resolution
Paragraph 37 – indent 3
– the inclusion of the ESM in Union law and a new approach towards Eurobonds,
2015/03/03
Committee: ECON
Amendment 782 #

2014/2145(INI)

Motion for a resolution
Paragraph 37 – indent 3 a (new)
- the establishment of a European redemption fund based on conditionality;
2015/03/03
Committee: ECON
Amendment 785 #

2014/2145(INI)

Motion for a resolution
Paragraph 37 – indent 3 b (new)
- the introduction of exposure limits and risk weights on sovereign debt (sovereign debts can no longer be considered as a safe asset);
2015/03/03
Committee: ECON
Amendment 799 #

2014/2145(INI)

Motion for a resolution
Paragraph 37 – subparagraph 1 (new)
Within the framework of future Treaty revision, calls for - a role for the ECJ in the enforcement of the budgetary rules; - the creation of a parliament for the Euro area, under the auspices of the European Parliament, in order to ensure full legitimacy and parliamentary control at the level where decisions are taken and/or implemented, for the ESM for example; - the merging of the deficit and debt procedures, the macroeconomic imbalance procedure and the Country Specific Recommendations into one single, legally binding instrument;
2015/03/03
Committee: ECON
Amendment 807 #

2014/2145(INI)

Motion for a resolution
Paragraph 38
38. Requests that it be elaborated on the basis of a ‘4+1 Presidents’ approach, including the EP President;deleted
2015/03/03
Committee: ECON
Amendment 811 #

2014/2145(INI)

Motion for a resolution
Paragraph 38 a (new)
38 a. Notes that the President of the Commission has indicated his intention to draw on input from the President of the European Parliament in his reflections during the preparation of the 4 Presidents' reports; Underlines that the President of the European Parliament can only represent the institution on the basis and within the remit of a mandate by plenary;
2015/03/03
Committee: ECON
Amendment 817 #

2014/2145(INI)

Motion for a resolution
Paragraph 39
39. AsksStresses that if its President were to represent Parliament in this upcoming task, it shall be on the basis of thea mandate given by this resolutionplenary based on a new resolution prepared by its competent committee addressing inter alia the questions in the Four Presidents' Analytical Note on 'Preparing Next Steps on Better Economic Governance in the Euro area';
2015/03/03
Committee: ECON
Amendment 819 #

2014/2145(INI)

Motion for a resolution
Paragraph 39 a (new)
39 a. believes that some reflexion should be launched to improve the in-house analysis capacity of the European Parliament, building on the experience of the U.S. Congressional Budget Office which provides budgetary and economic information such as baseline budget and economic projections, cost estimates, scorekeeping for legislation;
2015/03/03
Committee: ECON
Amendment 77 #

2014/2144(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines the need to simplify the taxation systems enabling the costs for public administrations, citizens and companies to be reduced, as well as to prevent tax evasion, tax avoidance or simply mistakes;
2014/12/19
Committee: ECON
Amendment 101 #

2014/2144(INI)

Motion for a resolution
Paragraph 7
7. Takes note of the joint statement of 6 May 2014 by 10 MSs on enhanced cooperation on the FTT and the progress of its implementation; recalls on participating MSs to reach an agreement including derivative transactions by ththat the financial sector should make a fair contribution to public finances and therefore the FTT must be designed in a way that combines a wide scope, a small tax rate eand of 2014simplicity;
2014/12/19
Committee: ECON
Amendment 109 #

2014/2144(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to carry out an in-depth study into the difference, in the Member States, between legal and actual corporation tax rates in order to ensure that the debate on fiscal harmonisation is based on objective data;
2014/12/19
Committee: ECON
Amendment 123 #

2014/2144(INI)

Motion for a resolution
Paragraph 8
8. Calls on MSs to agree to a compulsory CCCTB as a comprehensive and long-term solution to tackle company tax obstacles in the Single Market as defined by the European Parliament in its legislative resolution of 19 April 2012 on the proposal for a Council directive on a CCCTB; underlines that the swift implementation of a CCCTB may be a first significant and effective step following the "Luxleaks revelations";
2014/12/19
Committee: ECON
Amendment 222 #

2014/2144(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Stresses that Member States that have received or are seeking financial assistance have an obligation to implement measures designed to strengthen and improve their capacity to collect tax and tackle tax fraud and tax evasion; urges the Commission to extend this obligation to encompass measures tackling money laundering, tax avoidance and aggressive tax planning;
2014/12/19
Committee: ECON
Amendment 236 #

2014/2144(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Encourages the Commission to develop a European taxpayers' code setting out best practices for enhancing cooperation, trust and confidence between tax administrations and taxpayers, for ensuring greater transparency on the rights and obligations of taxpayers and encouraging a service-oriented approach;
2014/12/19
Committee: ECON
Amendment 295 #

2014/2144(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Recalls that following the "Luxleaks revelations" the European Parliament will produce an Inquiry report on Tax Fairness in Europe and a Legislative report on Bringing transparency, coordination and convergence to Corporate Tax policies in the Union;
2014/12/19
Committee: ECON
Amendment 92 #

2014/2059(INI)

Motion for a resolution
Paragraph 4
4. Stresses, therefore, the importance of continuing the process of deep and sustainable structural reforms to deliver on growth and jobs; reiterates, in this connection, the fact that the EU cannot compete on costs alone, but needs to invest more in research and development, education and skills, and resource efficiency, both at national and European level; recalls that the very aim of structural reforms and decreasing the level of public debt is to be able to focus on growth friendly policies and ultimately to provide jobs and fight poverty;
2014/09/09
Committee: ECON
Amendment 93 #

2014/2059(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Recalls that the EU 2020 priorities and targets such as fighting poverty and social exclusion remain valid and should be implemented;
2014/09/09
Committee: ECON
Amendment 124 #

2014/2059(INI)

Motion for a resolution
Paragraph 8
8. Calls, in this connection, on the future Commission to put forward a proposal on the single external representation of the euro area based on Article 138 TFEU; recalls that the new President of the Commission pledged for "the EMU and the euro to be represented by one chair, by one place, by one voice in the institutions of Bretton Woods" in his speech just before being elected by the European Parliament on Tuesday 15th July 2014;
2014/09/09
Committee: ECON
Amendment 251 #

2014/2059(INI)

Motion for a resolution
Paragraph 24
24. Stresses, once again, its call on Member States to simplify their tax systems and reiterates its call to shift taxes from labour to consumption to make the use of resources more efficient and sustainable; calls on the Commission to take urgent action and develop a comprehensive strategy based on concrete legislative measures to fight tax fraud and tax eva, tax evasion and tax avoidance or illegitimate tax inversion;
2014/09/09
Committee: ECON
Amendment 276 #

2014/2059(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Underlines that flexibility exists within the Stability and Growth Pact and should be used, but requires primarily Member States to come up with reforms considered credible by the Commission and the other Member States;
2014/09/09
Committee: ECON
Amendment 277 #

2014/2059(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Recalls the balanced remarks by Mario Draghi on August 22nd stating: "no amount of fiscal or monetary accommodation, however, can compensate for the necessary structural reforms in the euro area." and "a coherent strategy to reduce unemployment has to involve both demand and supply side policies, at both the euro area and the national levels. And only if the strategy is truly coherent can it be successful.";
2014/09/09
Committee: ECON
Amendment 333 #

2014/0091(COD)

Proposal for a directive
Recital 19 a (new)
(19a) A resilient system builds on the diversification of products, the diversity of institutions and the sizes of institutions as well as effective and converging supervisory practices.
2015/10/05
Committee: ECON
Amendment 334 #

2014/0091(COD)

Proposal for a directive
Recital 19 b (new)
(19b) The over-fragmentation of particular markets with high numbers of very small institutions for occupational retirement provisions can however be challenging in terms of supervision but also the economic benefits for the employees can be questioned.
2015/10/05
Committee: ECON
Amendment 430 #

2014/0091(COD)

Proposal for a directive
Recital 57
(57) In order to ensure the smooth functioning of the internal market for occupational retirement provision organised on a European scale, the Commission should, after consulting EIOPA, review and report on the application of this Directive and should submit that report to the European Parliament and to the Council four years after the entry into force of this Directive. That review should assess in particular the application of the rules regarding the calculation of the technical provisions, the funding of technical provisions, regulatory own funds, solvency margins, investment rules and any other aspect relating to the financial solvency situation of the institution. These rules should respect the specific nature of the pension sector.
2015/10/05
Committee: ECON
Amendment 503 #

2014/0091(COD)

Proposal for a directive
Article 15 – paragraph 1
1. The home Member State shall require every institution to have at all times sufficient and appropriate assets to fully cover the technical provisions in respect of the total range of pension schemes operated.
2015/10/20
Committee: ECON
Amendment 510 #

2014/0091(COD)

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1 a (new)
In the event of cross-border activity as referred to in Article 12, the competent authorities of the home Member State and of the host Member State shall jointly agree on the application of paragraph 2 of this Article and may intervene in accordance with Article 62. To comply with this requirement the home Member State may require ring-fencing of the assets and liabilities. EIOPA may help to settle any disagreements in accordance with Article 19 paragraphs 1 and 2 of Regulation (EU) No 1094/2010.
2015/10/20
Committee: ECON
Amendment 511 #

2014/0091(COD)

Proposal for a directive
Article 15 – paragraph 3
3. In the event of cross-border activity as referred to in Article 12, the technical provisions shall at all times be fully funded in respect of the total range of pension schemes operated. If these conditions are not met, the competent authorities of the home Member State shall intervene in accordance with Article 62. To comply with this requirement the home Member State may require ring- fencing of the assets and liabilities.deleted
2015/10/20
Committee: ECON
Amendment 637 #

2014/0091(COD)

Proposal for a directive
Article 40 a (new)
Article 40a Pension benefit statement 1. Member States shall require institutions to draw up a document containing key relevant information for each member. The title of the document shall contain the words ‘Pension Benefit Statement’. 2. The pension benefit statement shall be written in a concise way. 3. Member States shall require that the information contained in the pension benefit statement is updated and sent to each member, free of charge, at least annually. 4. Any material change to the information contained in the pension benefit statement compared to the previous year shall be clearly indicated. 5. Member States may allow institutions to provide the pension benefit statement in a durable medium, or by means of a website in case it can be downloaded and stored in a durable medium. A paper copy shall be delivered to the members on request and free of charge in addition to any electronic means. 6. When laying down rules for the pension benefit statement, Member States shall require that it contains the key relevant information for the members, taking into consideration the specific nature of national pension systems and of relevant national social, labour and tax law. 7. Key relevant information for members shall include: (a) personal details of the member, including a clear indication of the retirement age or the date when receiving retirement benefits used as the basis for the projections referred to in Article 49; (b) identification of the institution and of the Member State in which the institution is registered or authorised and the name of the national competent authority; (c) identification of the pension scheme of the member; (d) where applicable, any information on full or partial guarantees under the pension scheme. Where no guarantee is provided, this should be indicated. Where a guarantee is provided, the pension benefit statement shall briefly explain the nature of the guarantee and provide information on the current level of financing of the member’s accrued individual entitlements; (e) information on pension projections in accordance with Article 50, taking into consideration the specific nature and organisation of the pension scheme; (f) information on the accumulated entitlements, contributions and costs of the pension scheme in accordance with Article 49, taking into consideration the specific nature and organisation of the pension scheme; (g) information on the investment profile, in accordance with Article 51 taking into consideration the specific nature of the pension scheme; (h) information on the past performance of the pension scheme, taking into account the specific nature of the pension scheme. 8. Member States shall exchange best practices with regard to the format and the content of the pension benefit statement.
2015/10/20
Committee: ECON
Amendment 654 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 1 – point a
(a) the sum of the costs deducted from the grosswhere the pension scheme does not provide for a given level of benefits the contributions paid by the sponsoring undertaking, where applicable, or by and the member, over the past twelve months, or, if the member has joined the scheme less than twelve months ago, the sum of the costs deducted from their contributions since joining;
2015/10/20
Committee: ECON
Amendment 655 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 1 – point b
(b) the sum of the contributions paid by the member over the past twelve months, or, if the member has joined the scheme less than twelve months ago, the sum of their contributions since joining;deleted
2015/10/20
Committee: ECON
Amendment 656 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 1 – point c
(c) the sum of the contributions paid by the sponsoring undertaking over the past twelve months, or, if the member has joined the scheme less than twelve months ago, the sum of the contributions paid by the sponsoring undertaking since the member joined;deleted
2015/10/20
Committee: ECON
Amendment 657 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 1 – point d – point i
(i) for pension schemes that do not provide for a targetgiven level of benefits, the total sum of the capital accumulated by the member, expressed also as an annuity per month, if applicable,
2015/10/20
Committee: ECON
Amendment 658 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 1 – point d – point ii
(ii) for pension schemes that provide for a targetgiven level of benefits, the accrued individual entitlements per month.
2015/10/20
Committee: ECON
Amendment 659 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 1 – point e
(e) other contributions or costs relevant to the member such as transfer of accrued capital;deleted
2015/10/20
Committee: ECON
Amendment 660 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 1 – point f
(f) the costs referred to in point (a) broken down into the following separate amounts expressed in the currency relevant for the pension scheme: (i) costs of administration of the institution; (ii) costs of safekeeping of assets; (iii) costs related to portfolio transactions; (iv) other costs.deleted
2015/10/20
Committee: ECON
Amendment 661 #

2014/0091(COD)

Proposal for a directive
Article 49 – paragraph 2
2. TWhe ‘other costs’ referred to in paragraph 1 (f)(iv) shall be briefly explare the pension scheme does not provide for a given level of benefits, the pension benefit statement shall indicate the total amount of the costs borne by members over the past twelve months or, if the member has joined wthere they account for 20% or more of the total charges scheme less than twelve months ago, the sum of the aforementioned costs that have been deducted since joining.
2015/10/20
Committee: ECON
Amendment 663 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 1 – introductory part
1. Where the pension scheme provides for a targetgiven level of benefits, the pension benefit statement shall indicate the following three amounts concerning pension projecamount of the given level of benefits at the estimated retirement age or the estimated date when receiving retirement benefits provided for in the pension scheme under best estimate assumptions, expressed in the currency relevant for the pension scheme:, or shall indicate where these projections are provided.
2015/10/20
Committee: ECON
Amendment 664 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 1 – point a
(a) the target level of benefits per month at the retirement age under best estimate assumptions;deleted
2015/10/20
Committee: ECON
Amendment 666 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 1 – point b
(b) the target level of benefits per month two years before the retirement age under best estimate assumptions;deleted
2015/10/20
Committee: ECON
Amendment 668 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 1 – point c
(c) the target level of benefits per month two years after the retirement age under best estimate assumptions.deleted
2015/10/20
Committee: ECON
Amendment 670 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 2
2. The assumptions referred to in paragraph 1 shall take into account future wages.deleted
2015/10/20
Committee: ECON
Amendment 671 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 3 – introductory part
3. Where the pension scheme does not provide for a targetgiven level of benefits, the pension benefit statement shall indicate the following amounts concerning pension projecexpected amount of the capital accumulated by the member at the estimated retirement age or the estimated date when receiving retirement benefits provided for in the pension scheme under best estimate assumptions, expressed in the currency relevant for the pension scheme:, or shall indicate where these projections are provided. The amount shall also be expressed as an annuity, if applicable.
2015/10/20
Committee: ECON
Amendment 672 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 3 – point a
(a) the expected amount of capital accumulated until two years before the retirement age under best estimate assumptions relevant for the scheme;deleted
2015/10/20
Committee: ECON
Amendment 674 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 3 – point b
(b) the expected amount of capital accumulated until the retirement age under best estimate assumptions relevant for the scheme;deleted
2015/10/20
Committee: ECON
Amendment 676 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 3 – point c
(c) the expected amount of capital accumulated until two years after the retirement age under best estimate assumptions relevant for the scheme;deleted
2015/10/20
Committee: ECON
Amendment 678 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 3 – point d
(d) the amounts referred to in points (a) to (c) expressed as a benefit per month.deleted
2015/10/20
Committee: ECON
Amendment 679 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 4 – introductory part
4. The assumptions referred to in paragraph 3Member States shall provide rules to determine the assumptions referred to in the above paragraphs. These rules shall take into account the following factors:
2015/10/20
Committee: ECON
Amendment 683 #

2014/0091(COD)

Proposal for a directive
Article 50 – paragraph 5
5. For the purposes of calculating the projections referred to in paragraphs 1 and 3, the contribution rates shall be assumed to remain constantThe pension benefit statement shall contain a warning in order to clarify that amounts indicated in the pensions projections are estimates based on assumptions and might differ from the final value of the benefits accrued.
2015/10/20
Committee: ECON
Amendment 686 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 1 – subparagraph 1
For pension schemes where members bear investment risk and where they have a choice between different investment options, the pension benefit statement shall indicate the investment profiles providing. The pension benefit statement shall indicate where a list of the investment options is available and a short description of each option is provided. The member’s current investment option shall be marked prominently.
2015/10/20
Committee: ECON
Amendment 687 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 1 – subparagraph 2
When the number of different investment options with different investment objectives exceeds five, the institution shall restrict the short description of each option to five representative options including the most risky and the least risky options.deleted
2015/10/20
Committee: ECON
Amendment 688 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 2 – introductory part
2. For pension schemes where members bear investment risk and where an investment option is imposed on the member by a specific rule specified in the pension scheme, the pension benefit statement shall indicate where the following additional information shall be provided, where applicable:
2015/10/20
Committee: ECON
Amendment 689 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 2 – point b
(b) rules based on the member’s targeted retirement age or the target date for receiving retirement benefits;
2015/10/20
Committee: ECON
Amendment 690 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 3 – subparagraph 1 – introductory part
For pension schemes where members bear investment risk, the pension benefit statement shall contain information about the risk and return profile showing a synthetic graphicThe pension benefit statement shall indicator of the risk and return profile of the pension sce the documents or the website whemre or, where applicable, of each investment option accompanied by the followingthe following additional information shall be provided:
2015/10/20
Committee: ECON
Amendment 691 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 3 – subparagraph 1 – point a
(a) an explanation of the indicator and of its main limitations;deleted
2015/10/20
Committee: ECON
Amendment 692 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 3 – subparagraph 1 – point b
(b) an explanation of risks which are materially relevant and which are not adequately captured by the synthetic graphical indicator.;
2015/10/20
Committee: ECON
Amendment 693 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) a brief explanation of the actual returns;
2015/10/20
Committee: ECON
Amendment 694 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 3 – subparagraph 1 – point b b (new)
(bb) a statement that the lowest risk profile does not mean a risk-free investment
2015/10/20
Committee: ECON
Amendment 695 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 3 – subparagraph 2
The computation of the synthetic indicator shall be adequately documented and institutions shall make that documentation available to members on request.deleted
2015/10/20
Committee: ECON
Amendment 696 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 4
4. The explanation referred to in paragraph 3(a) shall include the following: (a) a brief explanation as to why the pension scheme or investment option is in a specific category; (b) a statement that historical data, such as is used in calculating the synthetic graphical indicator, is not a reliable indication of the future risk profile of the pension scheme or of the investment option; (c) a statement that the risk and return category shown is not guaranteed to remain unchanged and that the categorisation of the pension scheme or the investment option may shift over time; (d) a statement that the lowest category does not mean a risk-free investment.deleted
2015/10/20
Committee: ECON
Amendment 697 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 5
5. The synthetic graphical indicator and the explanations referred to in paragraph 3 shall be drawn up in accordance with the internal process for identifying, measuring and monitoring risks adopted by the institution as laid down in this Directive, as well as with the investment objectives and investment policy described in the statement of investment principles.deleted
2015/10/20
Committee: ECON
Amendment 698 #

2014/0091(COD)

Proposal for a directive
Article 51 – paragraph 5 a (new)
5a. The pension benefit statement shall indicate where the statement of investment principles is available.
2015/10/20
Committee: ECON
Amendment 726 #

2014/0091(COD)

Proposal for a directive
Article 75 – paragraph 1
Four years after the entry into force of this Directive, the Commission shall review this Directive and report on its implementation and effectiveness to the European Parliament and the Council. That review shall assess in particular the application of the rules regarding the calculation of the technical provisions, the funding of technical provisions, regulatory own funds, solvency margins, investment rules and any other aspect relating to the financial solvency situation of the institution. These rules shall respect the specific nature of pension sector.
2015/10/20
Committee: ECON
Amendment 102 #

2014/0020(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) Since the proposal of the High-level Expert Group on reforming the structure of the Union’s banking sector, the Union has adopted a large amount of legislation (EMIR, MIFID2, CRR, CRD4, DGS, BRRD among others) reducing systemic risk, increasing capital requirements, safeguarding depositors and improving the tools for dealing with bank crises across the Union. As a result of these new rules and of new structures for supervision, the legal framework has been reinforced and the single rulebook in banking has created a new basis for financial markets in the Union, facilitating a single financial market and a working Capital Markets Union.
2015/02/04
Committee: ECON
Amendment 111 #

2014/0020(COD)

Proposal for a regulation
Recital 10
(10) Consistent with the goals of contributing to the functioning of the internal market, it should be possible to grant a derogation for a credit institution from the provisions on separation of certain trading activities where a Member State has adopted national primary legislation prior to 29 January 2014 (including secondary legislation subsequently adopted) prohibiting credit institutions, which take deposits from individuals and Small and Medium sized Enterprises (SMEs) from dealing in investments as a principal and holding trading assets. The Member State should therefore be entitled to make a request to the Commission to grant a derogation from the provisions on separation of certain trading activities for a credit institution that is subject to the national legislation compatible with those provisions. This would allow Member States that already have primary legislation in place, the effects of which are equivalent to and consistent with this Regulation, to avoid alignment of existing, effective provisions. To ensure that the impact of that national legislation, as well as of subsequent implementing measures, does not jeopardise the aim or functioning of the internal market, the aim of that national legislation and related supervisory and enforcement arrangements must be able to ensure that credit institutions that take eligible deposits from individuals and from SMEs comply with legally binding requirements that are equivalent and compatible with the provisions provided in this Regulation. The competent authority supervising the credit institution subject to the national legislation in question should be responsible for providing an opinion that should accompany the request for the derogation.deleted
2015/02/04
Committee: ECON
Amendment 120 #

2014/0020(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) Through a risk-based approach, this Regulation should aim at providing financial stability, reducing systemic risk and maintaining a competitive European banking sector able to finance the economy.
2015/02/04
Committee: ECON
Amendment 134 #

2014/0020(COD)

Proposal for a regulation
Recital 16
(16) It is difficult to distinguish proprietary trading from market making. To overcome this difficulty, the prohibition of proprietary trading should be limited to desks, units, divisions or individual traders specifically dedicated to proprietary tradingre should be enhanced rules regarding the definition of trading mandates with risk limits and improved permanent monitoring under the control of the competent authorities to ensure the consistency of transactions with the trading mandates and risk limits. Banks should not be able to circumvent the prohibition by running or benefiting from investments in non-bank entities engaging in proprietary trading.
2015/02/04
Committee: ECON
Amendment 147 #

2014/0020(COD)

Proposal for a regulation
Recital 21
(21) The management body of the entities subject to the prohibition of proprietary trading should ensure compliance with this prohibition. The permanent control should assess the consistency of profit and loss, risk and activity (including turnover) results with the appetite for risk of the institution, the internal risk limits and the trading mandates.
2015/02/04
Committee: ECON
Amendment 159 #

2014/0020(COD)

Proposal for a regulation
Recital 23
(23) If, when assessing the trading activities, the competent authority concludes that they exceed certain metrics in terms of relative size, leverage, complexity, profitability, associated market risk, as well as interconnectedness, and further deems that there is a threat to the financial stability of the core credit institution or to the whole or part of the Union financial system, taking into account the objectives of this Regulation, it should require their separation from the core credit institution unless the core credit institution can demonstrate to the satisfaction of the competent authority that those trading activities do not pose a threat to the financial stability of the core credit institution or to the Union financial system as a whole, taking into account the objectives set out in this Regulation.
2015/02/04
Committee: ECON
Amendment 178 #

2014/0020(COD)

Proposal for a regulation
Recital 29
(29) Irrespective of separation, the core credit institution should still be able to manage its own risk. Certain trading activities should therefore be allowed to the extent that they are aimed at the prudent management of the core credit institution's capital, liquidity and funding and do not pose concerns to its financial stability. Similarly, the core credit institutions needs to be able to provide certain necessary risk management services to its clients. However, that should be done without exposing the core credit institution to unnecessary risk and without posing concerns to its financial stability. Hedging activities eligible for the purpose of prudently managing own risk and for the provision of risk management services to clients can, but does not have to, qualify as hedge accounting under the International Financial Reporting Standards. Irrespective of a decision to separate, the competent authority shall have the power conferred by Article 104(1)(a) of Directive 2013/36/EU to impose an own funds requirement when the volume of risks and trading activities exceeds certain levels, in order to incentivise an institution not to take unnecessary risks for its financial stability or the financial stability of the Union in whole or in part.
2015/02/04
Committee: ECON
Amendment 185 #

2014/0020(COD)

Proposal for a regulation
Recital 32 a (new)
(32 a) In accordance with Article 1(5) and Article 22(2) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), EBA shall pay particular attention to any systemic risk posed by financial institutions, the failure of which may impair the operation of the financial system or the real economy. EBA shall therefore develop guidance on the quantitative and the qualitative parameters.
2015/02/04
Committee: ECON
Amendment 191 #

2014/0020(COD)

Proposal for a regulation
Recital 37 a (new)
(37 a) For the purpose of carrying out its exclusive tasks, including the duties specified in this Regulation, the ECB has the sanctioning powers specified in Article 18 of Regulation (EU) No 1024/2013. For the purpose of carrying out its exclusive tasks, including the duties specified in this Regulation, the ECB has the sanctioning powers specified in Article 18 of Regulation (EU) No 1024/2013.
2015/02/04
Committee: ECON
Amendment 200 #

2014/0020(COD)

Proposal for a regulation
Recital 44 a (new)
(44 a) The conferral of supervisory tasks implies a significant responsibility for the ECB to safeguard financial stability in the Union, and to use its supervisory powers in the most effective and proportionate way. Any shift of supervisory powers from the Member State to the Union level should be balanced by appropriate transparency and accountability requirements. The ECB should therefore be accountable for the exercise of those tasks towards the European Parliament and the Council as democratically legitimised institutions representing the citizens of the Union and the Member States. That should include regular reporting, and responding to questions by the European Parliament in accordance with its rules of procedure, and by the Eurogroup in accordance with its procedures. Any reporting obligations should be subject to the relevant professional secrecy requirements.
2015/02/04
Committee: ECON
Amendment 203 #

2014/0020(COD)

Proposal for a regulation
Recital 47 a (new)
(47 a) As stated in the Liikanen report, "attention should be paid to the governance and control mechanisms of all banks". More attention should indeed be given by the competent authorities to the ability of management and boards to run and monitor large and complex banks as well as smaller ones as the crisis has shown that small banks represent a risk too. Complementary supervisory tools should be developed such as fit-and- proper tests applied when evaluating the suitability of management and board candidates.
2015/02/04
Committee: ECON
Amendment 204 #

2014/0020(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This Regulation aims atconfers on the competent authorities specific tasks concerning policies relating to the prudential supervision with the aim of preventing systemic risk, financial stress or failure of, in particular, large, complex and interconnected entities in the financial system, in particular credit institucredit institutions by mandating competent authorities to assess the trading activities and if an excessive risk occurs across the different legal entities of a banking group imposing the separation in a trading entity of those activities from the rest of the banking group, where they represent a threat to the solvency of the institution or to financial stability. In exercising this Regulations, and at meetingthe competent authorities will have to pay particular attention to the following objectivedimensions:
2015/02/04
Committee: ECON
Amendment 229 #

2014/0020(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part
This Regulation lays down rules onfor a framework for the competent authorities' supervisory processes to properly assess the need for:
2015/02/04
Committee: ECON
Amendment 247 #

2014/0020(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b – introductory part
(b) any of the following entities that for a period of three consecutive years has total assets amounting at least to EUR 30 billion and has trading activities amounting at least to EUR 70 billion or 10 per cent of its total assets:
2015/02/04
Committee: ECON
Amendment 259 #

2014/0020(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
(b a) any entity that the competent authority may, on its own initiative, consider to be of significant relevance on grounds of preventing systemic risk, financial stress or failure.
2015/02/04
Committee: ECON
Amendment 279 #

2014/0020(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 4
4. ‘proprietary trading’ means using own capital or borrowed money to take positions in reaction to and with the motivation of exploiting actual or expected movements in market valuations, in any type of transaction to purchase, sell or otherwise acquire or dispose of any financial instrument or commodities for the sole purpose of making a profit for own account, and without any connection to actual or anticipated client activity or for the purpose of hedging the entity’s risk as result of actual or anticipated client activity, through the use of desks, units, divisions or individual tra. This definition includers specifically dedicated to such position taking and profit making, including through dedicated web-based proprietary trading platformsany such transaction undertaken with the aim of making profit, irrespective of whether such profit would be realised in the short term or in the longer term, or is in fact realised;
2015/02/04
Committee: ECON
Amendment 287 #

2014/0020(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 12
12. ‘market making’ means a financial institution's commitment to provide market liquidity on a regular and on-going basis, by posting two-way quotes with regard to a certain financial instrument, or as part of its usual business, by fulfilling orders initiated by clients or in response to clients’ requests to trade, butor in both cases without bereasonable anticipation of potential client activity, and by hedging exposed to material market riitions arising from the fulfilment of these tasks;
2015/02/04
Committee: ECON
Amendment 297 #

2014/0020(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 22 a (new)
22 a. "concentration" means a concentration as determined in accordance with Council Regulation (EC) No 139/2004.
2015/02/04
Committee: ECON
Amendment 304 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Entities referred to in Article 3 shall not unless via a separate trading entity which satisfies the conditions set in Articles 13, 14 and whose process of creation satisfies Article 18:
2015/02/03
Committee: ECON
Amendment 312 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point i
(i) acquire or retain units or shares of substantially leveraged AIFs as defined by Article 4(1)(a) of Directive 2011/61/EU;
2015/02/03
Committee: ECON
Amendment 316 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii
(ii) invest in derivatives, certificates, indices or any other financial instrument the performance of which is linked to shares or units of substantially leveraged AIFs;
2015/02/03
Committee: ECON
Amendment 321 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii
(iii) hold any units or shares in an entity that engages in proprietary trading or acquires units or shares in substantially leveraged AIFs.
2015/02/03
Committee: ECON
Amendment 325 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1 a. Notwithstanding paragraph 1(b)(i), entities referred to in Article 3 may: - provide seed capital to substantially leveraged AIFs up to 3% over a period of one year extendable twice from the date of their commitment; or - retain at least one share of contractual funds.
2015/02/03
Committee: ECON
Amendment 330 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) financial instruments issued by Member States central governments or by entities listed in point (2) of Article 117 and in Article 118 of Regulation (EU) No 575/2013;deleted
2015/02/03
Committee: ECON
Amendment 352 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. The management body of each entity referred to in Article 3 shall ensure that the requirements set out in paragraph 1 are complied with. In particular, the credit institution or the EU parent must report qualitative and quantitative information to the competent authority and have in place appropriate procedures, reasonably designed to achieve compliance with the requirements set out in paragraph 1. Procedures shall include inter alia: - identifying, defining and monitoring activities within the credit institution; - establishing appropriate risk limits unit by unit for trading activities; - computing a comprehensive profit and loss attribution for each unit engaged in trading; - reviewing on a regular basis the compliance program; - aligning the remuneration of the staff with a prudent management of the risks involved.
2015/02/03
Committee: ECON
Amendment 364 #

2014/0020(COD)

Proposal for a regulation
Chapter 3 – title
Separation ofFramework for certain trading activities
2015/02/03
Committee: ECON
Amendment 399 #

2014/0020(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1 a. The requirements of this Chapter shall apply to all entities referred to in Article 3 paragraph (b) that for a period of three consecutive years have total trading activities amounting to at least EUR 70 billion or 10 per cent of the entity's total assets.
2015/02/03
Committee: ECON
Amendment 405 #

2014/0020(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The requirements of this Chapter shall not apply to the buying or selling of financial instruments issued by Member States’ central governments or by entities listed in point (2) of Article 117 and in Article 118 of Regulation (EU) No 575/2013.deleted
2015/02/03
Committee: ECON
Amendment 427 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1 a. Even when trading activities are separated from the rest of the group, as a result of national measures referred to in Article 1, as a result of the decision laid down in Article 10 or as a choice of the institution, the competent authority shall assess these trading activities with a view, where necessary, to implement intra- group large exposure limits referred to in Article 14 or further requirements such as additional capital surcharges and risk limits.
2015/02/03
Committee: ECON
Amendment 434 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. When performing the assessment referred to in paragraph 1, the competent authority shall use the following metricsqualitative and quantitative parameters, inter alia:
2015/02/03
Committee: ECON
Amendment 463 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h a (new)
(h a) the cartography of trading activities, including methods for assessing the need to build up inventories in order to meet anticipated client demand;
2015/02/03
Committee: ECON
Amendment 468 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h b (new)
(h b) the compliance framework implementing this regulation;
2015/02/03
Committee: ECON
Amendment 470 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h d (new)
(h d) the remuneration schemes;
2015/02/03
Committee: ECON
Amendment 472 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h c (new)
(h c) additional quantitative data such as inventory turnover, value-at-risk variations, 'day 1 profit and loss', limits on trading desks and geographic diversification of the trading activities.
2015/02/03
Committee: ECON
Amendment 476 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h e (new)
(h e) the risk management policy;
2015/02/03
Committee: ECON
Amendment 477 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h f (new)
(h f) the risk disclosure management;
2015/02/03
Committee: ECON
Amendment 478 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h g (new)
(h g) the policy to fight aggressive tax planning and tax havens;
2015/02/03
Committee: ECON
Amendment 479 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 (new)
This assessment by the competent authority shall be carried out at a detailed level up to the desk where deemed relevant, and cover all trading activities, including market making.
2015/02/03
Committee: ECON
Amendment 481 #

2014/0020(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2 a. The competent authority may require all quantitative and qualitative information it deems relevant for the assessment of trading activities under paragraph 1.
2015/02/03
Committee: ECON
Amendment 501 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Where the competent authority concludes that, following the assessment referred to in Article 9(1), the limits and conditions linked to the metrics referred to in points (a) to (h) of Article 9(2) and specified in the delegated act referred to in paragraph 5 are met, and it therefore deems that there ispart or all of the trading activities represent a threat to the financial stability of the core credit institution or to the whole or part of the Union financial system as a whole, taking into account the objectives referred to in Article 1, it shall, no later than two months after the finalisation of that assessment, start the procedure leading to a decision as referredrequire the institution to take measures to mitigate excessive risk taking. The institution shall submit a report to in the second subparagraph of paragraph 3competent authorities outlining the measures that it has taken or intends to take to efficiently address those risks.
2015/02/03
Committee: ECON
Amendment 507 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the limits and conditions referred to in paragraph 1 are not met, the competent authority may still start the procedure leading to a decision as referred to in the third subparagraph of paragraph 3 where it concludes, following the assessment referred to in Article 9(1), that any trading activity, with the exception of trading in derivatives other than those permitted under Article 11 and 12, carried out by the core credit institution, poses a threat to the financial stability of the core credit institution or to the Union financial system as a whole taking into account the objectives referred to in Article 1.deleted
2015/02/03
Committee: ECON
Amendment 512 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
The competent authority shall notify its conclusions referred to in paragraphs 1 or 2 to the core credit institution and provide the core credit institution with the opportunity to submit written comments within two months from the date of the notification.
2015/02/03
Committee: ECON
Amendment 525 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Unless the core credit institution demonstrates, within the time limit referred to in the first subparagraph, to the satisfaction of the competent authority, that the reasons leading to the conclusions are not justified, tThe competent authority shall adopt a decision addressing the core credit institution and requiring it not to carry out the trading activities specified in those conclusions that should be carried out in a segregated trading entity, or alternatively set risk limits or an additional loss absorbency capacity. The competent authority shall state the reasons for its decision and publicly disclose it.
2015/02/03
Committee: ECON
Amendment 532 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3
For purpose of paragraph 1, where the competent authority decides to allow the corThis decision shall be proportionate to the risks taken by credit institutions and to the necessity to safeguard a competitive European banking sector aiming at financing the economy. The competent authority shall in particular authorise the credit institution to carry out those tradmarket making activities it shall also statewhich do not pose a threat to the financial stability of the creasons for that decision and publicly disclose it. dit institution or to the whole or part of the Union financial system. For this purpose, the competent authorities shall consult all relevant authorities.
2015/02/03
Committee: ECON
Amendment 535 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 4
For purpose of paragraph 2, where the competent authority decides to allow the core credit institution to carry out trading activities the competent authority shall adopt a decision addressed to the core credit institution to that effect.deleted
2015/02/03
Committee: ECON
Amendment 545 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. The decisions referred to in the second subparagraph of paragraph 3 will be subject to review by the competent authority every 5 yearsat least every year in the context of the Supervisory Review and Evaluation Process that competent authorities shall carry out under Article 97 of Directive 2013/36/EU.
2015/02/03
Committee: ECON
Amendment 551 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 5 – introductory part
5. The Commission shall, [OP insert the correct date by 6 months of publication of this Regulation] adopt delegated acts in accordance with Article 35 to:EBA shall develop and submit guidance on the parameters to the competent authority. In order to properly assess the risk, the EBA shall review regularly the guidance.
2015/02/03
Committee: ECON
Amendment 552 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 5 – point a
(a) specify, with regard to the metrics: (a) the relevant limit of each of the metrics provided in points (a) to (h) of Article 9(1), above which the risk level of the trading activity concerned is deemed individually significant; (ii) the conditions, including how many of the metrics need to exceed the relevant limit, and in what combination, in order for the competent authority to start the procedure referred to in Article 10(1). (iii) The specification of the conditions in point (ii) shall include an indication of the level of the aggregate significant risk of the trading activity concerned that results from several metrics having exceeded the relevant limits referred to in point (i);deleted
2015/02/03
Committee: ECON
Amendment 556 #

2014/0020(COD)

Proposal for a regulation
Article 10 – paragraph 5 – point b
(b) specify which type of securitisation is not considered to pose a threat to the financial stability of the core credit institution or to the Union financial system as a whole with regard to each of the following aspects: (i) the structural features, such as the embedded maturity transformation and simplicity of the structure; (ii) the quality of the underlying assets and related collateral characteristics; (iii) the listing and transparency features of the securitisation and its underlying assets; (iv) the robustness and quality of the underwriting processes.deleted
2015/02/03
Committee: ECON
Amendment 567 #

2014/0020(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
A core credit institution that has been subject to a decision referred to in Article 10(3) mayWithout prejudice to the decision of the competent authority referred to in Article 10(3), a core credit institution may also carry out trading activities to the extent that the purpose is limited to only prudently managing its capital, liquidity and funding.
2015/02/03
Committee: ECON
Amendment 594 #

2014/0020(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – introductory part
AWithout prejudice to the decision of the competent authority referred to in Article 10(3), a core credit institution that has been subject to a decision referred to in Article 10(3) may also sell interest rate derivatives, foreign exchange derivatives, credit derivatives, emission allowances derivatives and commodity derivatives eligible for central counterparty clearing and emission allowances to its non- financial clients, to financial entities referred to in the second and third indents of point (19) of Article 5, to insurance undertakings and to institutions providing for occupational retirement benefits when the fsollowing conditions have been satisfied:e purpose of the sale is to hedge interest rate risk, foreign exchange risk, credit risk, commodity risk or emissions allowance risk.
2015/02/03
Committee: ECON
Amendment 596 #

2014/0020(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point a
(a) the sole purpose of the sale is to hedge interest rate risk, foreign exchange risk, credit risk, commodity risk or emissions allowance risk;deleted
2015/02/03
Committee: ECON
Amendment 600 #

2014/0020(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point b
(b) the core credit institution's own funds requirements for position risk arising from the derivatives and emission allowances does not exceed a proportion of its total risk capital requirement to be specified in a Commission delegated act in accordance with paragraph 2.deleted
2015/02/03
Committee: ECON
Amendment 646 #

2014/0020(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. In addition to the provisions of paragraph 1 of Article 395 of Regulation (EU) No 575/2013 when measures have been imposed in accordance with this Chapter of this Regulation the core credit institution shall not incur the following exposures: (a) a large exposure that exceeds 25 per cent of the core credit institution's eligible capital to a financial entity. That exposure limit shall apply on an individual and on a sub-consolidated basis, and after taking into account the effect of the credit risk mitigation and exemptions in accordance with Articles 399 to 403 of Regulation (EU) No 575/2013 and Article 16 of this Regulation; (b) large exposures that in total exceed 200 per cent of the core credit institution's eligible capital to financial entities. That exposure limit shall apply on an individual and on a sub-consolidated basis, and after taking into account the effect of the credit risk mitigation and exemptions in accordance with Articles 399 to 403 of Regulation (EU) No 575/2013 and Article 16 of this Regulation.deleted
2015/02/03
Committee: ECON
Amendment 653 #

2014/0020(COD)

Proposal for a regulation
Article 16
Credit risk mitigation techniques In addition to the provisions of Articles 399 to 403 of Regulation (EU) No 575/2013, when measures have been imposed in accordance with this Chapter of this Regulation, restrictions with respect to the recognition of credit mitigation techniques shall apply to the computation of exposure values for the purposes of compliance with the large exposure limits as referred to in Articles 14 and 15 of this Regulation. The Commission shall be empowered to adopt delegated acts in accordance with Article 35 to specify the extent to which credit risk mitigation techniques including types of and limits to eligible credit protection shall be recognised for the purposes of the first sub-paragraph with the purpose of ensuring that credit risk mitigation techniques do not fail when risks materialise so that there can be effective recovery of credit protection.Article 16 deleted
2015/02/03
Committee: ECON
Amendment 676 #

2014/0020(COD)

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1a (new)
A finding by the relevant resolution authority that there are no substantive impediments to resolvability shall not in itself be deemed sufficient indication that the conclusions referred to in Article 10(3) are not justified, as primary objectives of this Regulation focus on financial stability at large and not only on resolvability. Likewise, the competent authority shall not take a decision referred to in Article 10(3) for resolvability purposes, since the powers to change banking groups' structure, including by requiring a "holding company" structure are entrusted to the resolution authority in accordance with Article 17(5)(g) of Directive 2014/59/EU.
2015/02/03
Committee: ECON
Amendment 680 #

2014/0020(COD)

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1a (new)
In particular, the competent authority shall provide the resolution authority with all relevant information resulting from its risk assessment of trading activities so as to facilitate the update of resolution plans by the resolution authority.
2015/02/03
Committee: ECON
Amendment 703 #

2014/0020(COD)

Proposal for a regulation
Article 21 – title
DerogImplementation ofrom the requirements of Chapter IIIin order to preserve the Single Market
2015/02/03
Committee: ECON
Amendment 707 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 1 – introductory part
1. At the request of a Member State, the Commission may grant a derogation from the requirements of this Chapter to aThis Regulation shall not prevent Member States from implementing national bank structural reforms that apply at individual level to credit institutions authorized in their territory with the view of isolating core credit institutions or taking deposits from individuals and SMEs that are subject to national primary legislation adopted before 29 January 2014macro-prudential measures, with the prior consent of the competent authorities and resolution authorities. Competent authorities and resolution authorities shall not authorise those national measures whenre the national legislation complies with the following requirements:credit institution is subject to a resolution regime equipped with resolution financing arrangements that prevent the use of tax payer money by establishing ex ante funding in a resolution fund separate from Member States' general budget.
2015/02/03
Committee: ECON
Amendment 709 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point a
(a) it aims at preventing financial stress or failure and systemic risk referred to in Article 1;deleted
2015/02/03
Committee: ECON
Amendment 712 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point b
(b) it prevents credit institutions taking eligible deposits from individuals and SMEs from engaging in the regulated activity of dealing in investments as principal and holding trading assets; however, the national legislation may provide for limited exceptions to allow the credit institution taking deposits from individuals and SMEs to undertake risk- mitigating activities for the purpose of prudently managing its capital, liquidity and funding and to provide limited risk management services to customers;deleted
2015/02/03
Committee: ECON
Amendment 716 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point c
(c) if the credit institution taking eligible deposits from individuals and SMEs belongs to a group, it ensures that the credit institution is legally separated from group entities that engage in the regulated activity of dealing in investments as a principal or hold trading assets, and the national legislation specifies the following: (i) the credit institution taking eligible deposits from individuals and SMEs is able to make decisions independently of other group entities; (ii) the credit institution taking eligible deposits from individuals and SMEs has a management body that is independent of other group entities and independent of the credit institution itself; (iii) the credit institution taking eligible deposits from individuals and SMEs is subject to capital and liquidity requirements in its own right; (iv) the credit institution taking eligible deposits from individuals and SMEs may not enter into contracts or transactions with other group entities other than on terms similar to those referred to in Article 13(7).deleted
2015/02/03
Committee: ECON
Amendment 721 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
AWhere a Member State wishing to obtain a derogation for a credit institution subject to the national legislation in question, shall send a request for derogation, accompanied by a positive opinion issued by the competent authority supervising the credit institution that is subject to the request for derogation, to the Commission. That request shall provide all the necessary information for the appraisal of has implemented national measures referred to in paragraph 1, this Regulation applies in the following way: (a) the separation decision referred to in Article 10 shall be performed at consolidated level for EU parent institutions authorized in that Member State; (b) Credit institutions that have already been separated in accordance withe national legislation and specify the credit institutions the derogation is applied for. Whemeasures shall be subject to the supervisory assessment referred the Commission considers that it does not have all the necessary information, it shall contact the Member State concerned within two moo in Article 10, so that the competent authority may impose, at consolidated level or at individual level, higher capital requiremenths of receipt of the request and specify what additional information is requiredr stricter limits; (c) All other provisions of this Regulation, including Article 14 on large exposure, shall apply.
2015/02/03
Committee: ECON
Amendment 723 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Once the Commission has all the information it considers necessary for appraisal of the request for derogation, it shall within one month notify the requesting Member State that it is satisfied with the information.deleted
2015/02/03
Committee: ECON
Amendment 727 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 3
Within five months of issuing the notification referred to in the second subparagraph, the Commission shall, after having consulted the EBA on the reasons underlying its envisaged decision and on the potential impact of such a decision on the financial stability of the Union and the functioning of the internal market, adopt an implementing decision declaring the national legislation not incompatible with this Chapter and granting the derogation to the credit institutions specified in the request referred to in paragraph 1. Where the Commission intends to declare the national legislation incompatible and to not grant the derogation it shall set out its objections in detail and provide the requesting Member State with the opportunity to submit written comments within one month from the date of notification of the Commission objections. The Commission shall within three months from the end of the time limit for submission adopt an implementing decision granting or rejecting the derogation.deleted
2015/02/03
Committee: ECON
Amendment 732 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 4
Where the national legislation is amended, the Member State shall notify the amendments to the Commission. The Commission may review the implementing decision referred to in the third subparagraph.deleted
2015/02/03
Committee: ECON
Amendment 736 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 5
Where the national legislation not declared incompatible with this Chapter no longer applies to a credit institution that has been granted derogation from the requirements of this Chapter, that derogation shall be withdrawn with regard to that credit institution.deleted
2015/02/03
Committee: ECON
Amendment 740 #

2014/0020(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 6
The Commission shall notify its decisions to the EBA. The EBA shall publish a list of the credit institutions that have been granted a derogation in accordance with this Article. The list shall be continuously kept up-to-date.deleted
2015/02/03
Committee: ECON
Amendment 752 #

2014/0020(COD)

Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
By [OP insert the correct date by 12 months of publication of this Regulation], the competent authority shall annually identify credit institutions and groups that are subject to this Regulation in accordance with Article 3 and notify them immediately to the EBA.
2015/02/03
Committee: ECON
Amendment 767 #

2014/0020(COD)

Proposal for a regulation
Article 23 – paragraph 3 a (new)
3 a. For the purpose of Article 3(1)(b), the calculation of thresholds for entities that have effected a concentration during the previous year shall for the two years prior to the concentration be based on the combined accounts of the merged entities.
2015/02/03
Committee: ECON
Amendment 775 #

2014/0020(COD)

Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 1
For the purposes of this RegulationWithout prejudice to Council Regulation No 1024/2013, the consolidating supervisor shall be deemed to beand the competent authority with regard to all group entities responsible for the supervision of subsidiaries tshat belong to the same group as the EU parent and that are subject to this Regulationll take joint decisions, based on the risk assessment performed under Article 10, following the process for decisions on institution-specific prudential requirements laid down in Article 113 of Directive 2013/36/EU, which shall apply mutatis mutandis to separation decisions and other supervisory measures referred to in Article 10.
2015/02/03
Committee: ECON
Amendment 778 #

2014/0020(COD)

Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 2
When the subsidiary of an EU parent is established in another Member State and supervised by a different supervisor than the EU parent and when the subsidiary is significant in accordance with Article 6(4) of Regulation (EU) No 1024/2013, the consolidating supervisor shall consult with the competent authority of the home Member State of the significant subsidiary with regard to any decision to be made by the consolidating supervisor pursuant to this Regulation.deleted
2015/02/03
Committee: ECON
Amendment 786 #

2014/0020(COD)

Proposal for a regulation
Article 26 a (new)
Article 26 a Accountability and reporting 1. When acting as a competent authority in the framework of this regulation, the ECB shall be accountable to the European Parliament and to the Council for the implementation of this Regulation. The ECB shall be subject to the same accountability provisions laid down in Article 20 of Council regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions. This implies inter alia that at the request of the European Parliament, the Chair of the Supervisory Board of the ECB shall participate in a hearing on the execution of its supervisory tasks by the competent committees of the European Parliament. 2. The ECB shall report on the execution of the tasks conferred on it by this Regulation in the framework of the annual report it is due to submit to the European Parliament, to the Council, to the Commission and to the euro Group referred to in article 20 of Council regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions. 3. The other competent authorities shall report, on a regular basis, to the Commission and the EBA on the implementation of this Regulation. 4. The competent committee of the European Parliament may invite the other competent authorities to participate in an exchange of views.
2015/02/03
Committee: ECON
Amendment 796 #

2014/0020(COD)

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1 – point b
(b) the disgorgement of the profits gained or losses avoided due to the breach in so far as they can be determinedwhich the competent authority estimates to have been gained or avoided due to the breach ;
2015/02/03
Committee: ECON
Amendment 797 #

2014/0020(COD)

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1 – point d
(d) withdrawal or suspension of the authorisation;
2015/02/03
Committee: ECON
Amendment 800 #

2014/0020(COD)

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1 – point g
(g) maximum administrative pecuniary sanctions of at least three times the amount of the profits gained or losses avoided because ofpenalties of up to twice the amount of the benefit derived from the breach where thoseat benefit can be determined;
2015/02/03
Committee: ECON
Amendment 804 #

2014/0020(COD)

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1 – point h
(h) in respectthe case of a natural person, a maximum administrative pecuniary sanction of at leastpenalties of up to EUR 5 000 000 or, in the Member States whose currency is not the euro, the corresponding value in the national currency on the date of entry into force of this Regulation;
2015/02/03
Committee: ECON
Amendment 805 #

2014/0020(COD)

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1 – point i
(i) in respectthe case of a legal persons, maximum administrative pecuniary sanctions of at leastpenalties of up to 10 per cent of the total annual net turnover of the legal person according to the last available accounts approved by the management body; where the legal person is a parent undertaking or a subsidiary of the parent undertaking which has to prepare consolidated financial accounts according to Directive 2013/34/EU, the relevant total annual turnover shall be the total annual turnover or the corresponding type of income according to the relevant accounting regime according to the last available consolidated accounts approved by the management body of the ultimate parent undertakingincluding the gross income consisting of interest receivable and similar income, income from shares and other variable or fixed-yield securities, and commissions or fees receivable in accordance with Article 316 of Regulation (EU) No 575/2013 of the undertaking in the preceding business year.
2015/02/03
Committee: ECON
Amendment 807 #

2014/0020(COD)

Proposal for a regulation
Article 28 – paragraph 5 a (new)
5 a. In the event of a breach referred to in paragraph 1, the ECB, as a competent authority, may impose the sanctions laid down in Article 18 of Regulation (EU) No 1024/2013.
2015/02/03
Committee: ECON
Amendment 811 #

2014/0020(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point d
(d) the importance of the profits gained or losses which the competent authority estimates to have been gained or avoided by the person responsible for the breach, insofar as they can be determined;
2015/02/03
Committee: ECON
Amendment 828 #

2014/0020(COD)

Proposal for a regulation
Article 34 – paragraph 1
The CommissionEBA shall, on a regular basis, monitor the effect of rules laid down in this Regulation in respect of the achievement of the objectives referred to in Article 1 and on the stability of the Union financial system as a whole, taking into account market structure developments as well as the development and activities of the entities regulated by this Regulation, and make any appropriate proposals. The review shall in particular focus on the appropriateness and the application of the thresholds referred to in Article 3, the application and effectiveness of the prohibition foreseen in Article 6, including the exemptions to the prohibition provided in the same Article, the scope of activities referred to in Article 8 and the suitability of the metrics set out in Article 9. By 1 January 2020 and on a regular basis thereafter, the Commission shall, after taking into account the views of the competent authorities, submit to the European Parliament and to the Council a report, including the issues mentioned above, if appropriate accompanied by a legislative proposaland qualitative information set out in Article 9.
2015/02/03
Committee: ECON
Amendment 829 #

2014/0020(COD)

Proposal for a regulation
Article 34 – paragraph 1 a (new)
By*, the Commission, after consulting the ESRB, the EBA and the competent authorities, shall submit to the European Parliament and to the Council a report on the potential threats to financial stability, to the Single Market and to the competitiveness of the EU, covering inter alia: - the calibration of sovereign debt; - the governance and control mechanisms of the banks; - misaligned fiscal incentives, notably the preferential fiscal treatment of debt ; - the level of competition both inside the EU and at global level. If appropriate, the report should be accompanied by legislative proposals. * within 12 months of publication of this Regulation in the OJ.
2015/02/03
Committee: ECON
Amendment 830 #

2014/0020(COD)

Proposal for a regulation
Article 34 – paragraph 1 a (new)
Based on the EBA review referred to in paragraph 1, by 1 January 2020 and on a regular basis thereafter, the Commission shall, after taking into account the views of the competent authorities, submit to the European Parliament and to the Council a report, including the issues mentioned above, if appropriate accompanied by a legislative proposal.
2015/02/03
Committee: ECON
Amendment 15 #

2013/2277(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the Troika and its role have been enshrined in Regulation (EU) No 472/2013 of the European Parliament and the Council of 21 May 2013 and mentioned in the Treaty on the ESM;
2014/02/03
Committee: ECON
Amendment 16 #

2013/2277(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas Regulation (EU) No 472/2013 of the European Parliament and the Council of 21 May 2013 has been adopted in the European Parliament with 528 votes in favour, 81 against and 71 abstentions;
2014/02/03
Committee: ECON
Amendment 17 #

2013/2277(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas the ECJ has confirmed in its ruling on Pringle C-370/12 that the Commission and the ECB can be entrusted with the tasks conferred to them in the ESM Treaty;
2014/02/03
Committee: ECON
Amendment 43 #

2013/2277(INI)

Motion for a resolution
Recital B
B. whereas, within the Troika, the Commission is responsible for negotiating the conditions for financial assistance for euro area Member States ‘in liaison with the ECB’ and ’wherever possible together with the IMF’, the financial assistance hereinafter referred to as ‘EU-IMF assistance’, but the Council is responsible for approving the macroeconomic adjustment programme;
2014/02/03
Committee: ECON
Amendment 54 #

2013/2277(INI)

Motion for a resolution
Recital C
C. whereas the Troika is the basic structure for negotiation between the official lenders and the governments of the recipient countries, as well as for reviewing the implementation of adjustment programmes; whereas for the European side, the final decisions as regards financial assistance and conditionality are taken by the EurogroupEU Finance Ministers;
2014/02/03
Committee: ECON
Amendment 75 #

2013/2277(INI)

Motion for a resolution
Recital G
G. whereas a Memorandum of Understanding (MoU) is based on a draft macroeconomic adjustment programme prepared by the Member State requesting financial assistance and approved by the Council; whereas a MoU is an agreement between the Member State concerned and the Troika, which results from negotiations and whereby a Member State undertakes to carry out a number of actions in exchange for financial assistance; whereas the Commission signs the MoU on behalf of euro area finance ministers; whereas it is stipulated in the ESM Treaty that a Member State requesting assistance from the ESM has also to address a request for assistance to the IMF;
2014/02/03
Committee: ECON
Amendment 91 #

2013/2277(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas the ECJ has stated in its Pringle ruling that the prohibition laid down in Article 125 TFEU ensures that the Member States remain subject to the logic of the market when they enter into debt, since that ought to prompt them to maintain budgetary discipline and that compliance with such discipline contributes at Union level to the attainment of a higher objective, namely maintaining the financial stability of the monetary union; it stresses, however, that Article 125 TFEU does not prohibit the granting of financial assistance by one or more Member States to a Member State which remains responsible for its commitments to its creditors provided that the conditions attached to such assistance are such as to prompt that Member State to implement a sound budgetary policy;
2014/02/03
Committee: ECON
Amendment 119 #

2013/2277(INI)

Motion for a resolution
Recital J
J. whereas the Task Force for Greece was set up to strengthen the capacity of the Greek administration to design and implement structural reforms to improve the functioning of the economy and society and create the conditions for sustained recovery and job creation, as well as to speed up the absorption of EU Structural and Cohesion Funds in Greece and to provide critical resources to finance investment;
2014/02/03
Committee: ECON
Amendment 143 #

2013/2277(INI)

Motion for a resolution
Recital L
L. whereas the programmes were in the short run primarily meant to avoid a disorderly default and stop speculation on sovereign debt; whereas the medium term aim was to ensure that the money that was lent would be reimbursed, thus avoiding a large financial loss that would rest on the shoulders of the taxpayers of the countries which are providing the assistance and guaranteeing the funds; whereas this also requires the programme to deliver on sustainable public finances, sustainable growth and effective debt reduction in the medium and long term; whereas the programmes were not suited to comprehensiveis also requires the programme to deliver on modernising the public sector to establish a lean and efficient public administration as a pre- condition for the swift and proper implementation of these programmes and further structural reforms; whereas the programmes could only partly correcting macroeconomic imbalances which had accumulated sometimes over decades;
2014/02/03
Committee: ECON
Amendment 153 #

2013/2277(INI)

Motion for a resolution
Recital L a (new)
La. whereas it is crucial to recognize in this context that the four Member States under assistance were very different in terms of their industrial and financial structures and that for this reason one- size fits all policies could not work;
2014/02/03
Committee: ECON
Amendment 174 #

2013/2277(INI)

Motion for a resolution
Paragraph 1
1. Considers that the precise triggers for the crises differed in all four Member States; points out that excessive public and private debt, and a loss of competitiveness played a crucial role all of which could not be prevented by the existing EU economic governance framework;
2014/02/03
Committee: ECON
Amendment 181 #

2013/2277(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Notes that while domestic policy mistakes were important factors in the development of the underlying vulnerabilities, all four Member States also fell victim to repercussions of the global financial crisis that first surfaced with Lehman Brothers and further spread to the euro area, exposing rigidities and incompleteness in the fiscal and structural architecture of the EMU;
2014/02/03
Committee: ECON
Amendment 185 #

2013/2277(INI)

Motion for a resolution
Paragraph 2
2. Notes that, prior to the beginning of the EU-IMF assistance programme initiated in the spring of 2010, there was a dual fear associated with the 'insolvency' and 'non- sustainability' of the public finances of Greece as a result of the constantly declining competitiveness of the Greek economy and decades of imprudent fiscal policy, with the government deficit reaching 15.7% of GDP in 2009, and the debt-to-GDP ratio continuing on an upward trend since 2003 when it stood at 97.4%, reaching 1297% in 2009 and 156.9% in 2012; is of the opinion that the problematic situation of Greece was also due to statistical fraud; recalls that because of the European parliament's insistence Eurostat (the statistical office of the European Union) is now endowed with powers and means to deliver a solid basis of reliable and objective statistics;
2014/02/03
Committee: ECON
Amendment 230 #

2013/2277(INI)

Motion for a resolution
Paragraph 6
6. Notes that, at the beginning of the EU- IMF assistance programme in 2013, speculations about the systemic instability in the Cypriot economy had been ongoing for a long time, owing inter alia to the exposure of Cypriot banks to overleveraged local property companies, the Greek debt crisis, the downgrading of Cypriot government bonds by international rating agencies, the inability to refund public expenditure from the international markets, and the initial reluctance of the government to restructure the troubled financial sector; recalls also that the situation has been complexified by the overreliance on savings coming from Russian citizens and by the recourse to a loan from the Russian authorities;
2014/02/03
Committee: ECON
Amendment 234 #

2013/2277(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. recalls that cheap and excessive private capital flows were permitted to Member States, which have since become programme countries, from other Member States with their explicit or tacit support;
2014/02/03
Committee: ECON
Amendment 235 #

2013/2277(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. notes that the allocation of EU funds, inter alia structural funds, was not optimal;
2014/02/03
Committee: ECON
Amendment 239 #

2013/2277(INI)

Motion for a resolution
Paragraph 7
7. Notes that the initial agreement between the Greek authorities on the one side and the EU and IMF on the other was adopted on 2 May 2010 in the relevant MoUs containing , the policy conditionality for EU-IMF financial assistance; further notes that, following five reviews and the insufficient success of the first programme, a second programme had to be adopted in March 2012, which has been reviewed three times since; recalls the legal uncertainties created because of the agreement made by two Member States on October 2010 (the "Deauville deal") in the absence of a European framework;
2014/02/03
Committee: ECON
Amendment 273 #

2013/2277(INI)

Motion for a resolution
Paragraph 12
12. Deplores the unpreparedness of the EU and international institutions, including the IMF, for a sovereign debt crisis of a large magnitude inside a monetary union; regrets that the Council of Ministers has consistently refused to develop a long term and comprehensive approach and only based its decisions on a country by country approach;
2014/02/03
Committee: ECON
Amendment 275 #

2013/2277(INI)

Motion for a resolution
Paragraph 12
12. Deplores the unpreparedness of the EU and international institutions, including the IMF, for a sovereign debt crisis of a large magnitude inside a monetary union; deplores that the EU structural funds and other policies aiming at long term economic convergence within the Union had not effectively delivered;
2014/02/03
Committee: ECON
Amendment 361 #

2013/2277(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Points out that EU Finance Ministers approved the macroeconomic adjustment programmes;
2014/02/03
Committee: ECON
Amendment 388 #

2013/2277(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Points out that each Member State's reform efforts need to be tailor-made taking the experiences and histories of the respective country into consideration;
2014/02/03
Committee: ECON
Amendment 420 #

2013/2277(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the end of the programme for Ireland and the expected end of the programme for Portugal; regrets the lack ofuneven progress in Greece despite unprecedented reforms having been undertaken; and recommends implementing measures that would make all parties contribute fairly to tax revenues
2014/02/03
Committee: ECON
Amendment 429 #

2013/2277(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the end of the programme for Ireland and the expected end of the programme for Portugal and the financial sector programme for Spain; regrets the lack of progress in Greece despite unprecedented reforms having been undertaken;
2014/02/03
Committee: ECON
Amendment 530 #

2013/2277(INI)

Motion for a resolution
Paragraph 26
26. Points out that while the IMF’s stated objective in its assistance operations within the frame of the Troika is internal devaluation, the Commission has never clearly endorsed this objective; notes that the objective emphasised by the Commission in all four programme countries under enquiry has rather been fiscal consolidation;deleted
2014/02/03
Committee: ECON
Amendment 549 #

2013/2277(INI)

Motion for a resolution
Paragraph 27
27. Considers that too little attention has been given to alleviating the negative impact of adjustment strategies in the programme countries; deplores that too often the one-size fits all approach taken to crisis management did not fully consider the balance in the social impact of the prescribed policy measures;
2014/02/03
Committee: ECON
Amendment 584 #

2013/2277(INI)

Motion for a resolution
Paragraph 29
29. Notes that the Troika’s mandate has been perceived as being unclear and lacking transparency; welcomes however that since the entry into force of Regulation No 472/2013 which codifies the surveillance procedures to be employed in the euro for countries experiencing financial difficulties, a de facto mandate for the Troika has been established; calls for full implementation and full ownership of this regulation;
2014/02/03
Committee: ECON
Amendment 606 #

2013/2277(INI)

Motion for a resolution
Paragraph 30
30. Points out that due to its ad hoc nature there was no appropriate legal basis for setting up the Troika on the basis of Union primary law; recalls that, in the context of the Regulation on the strengthening of economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area (Gauzès report), the EP has already introduced some elements of accountability concerning the Troika;
2014/02/03
Committee: ECON
Amendment 616 #

2013/2277(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Points out that the Troika and its role are defined in Article 6 and 7 of Regulation (EU) No 472/2013 of the European Parliament and the Council of 21 May 2013;
2014/02/03
Committee: ECON
Amendment 617 #

2013/2277(INI)

Motion for a resolution
Paragraph 30 b (new)
30b. Reminds that the Member State which requests financial assistance is responsible for the preparation of its macroeconomic adjustment programme and stresses that macroeconomic adjustment programmes are being approved by a qualified majority of EU Finance Ministers;
2014/02/03
Committee: ECON
Amendment 618 #

2013/2277(INI)

Motion for a resolution
Paragraph 30 c (new)
30c. Stresses that despite the Commission acting on behalf of the Member States the ultimate political responsibility for the design and approval of the macroeconomic adjustment programmes lies with EU Finance Ministers and their governments;
2014/02/03
Committee: ECON
Amendment 619 #

2013/2277(INI)

Motion for a resolution
Paragraph 30 d (new)
30d. Deplores that neither the President of the Eurogroup nor the President of the European Council did attend the hearings in the European Parliament on the role of the Troika;
2014/02/03
Committee: ECON
Amendment 624 #

2013/2277(INI)

Motion for a resolution
Paragraph 31
31. Notes the admission by the former President of the Eurogroup before the European Parliament that the Eurogroup endorsed the recommendations of the Troika without considering their specific policy implications; stresses that, if accurate, this does not discharge euro area finance ministers from their political responsibility for the macroeconomic adjustment programmes and the MoUs;
2014/02/03
Committee: ECON
Amendment 646 #

2013/2277(INI)

Motion for a resolution
Paragraph 33
33. Points equally to a possible conflict of interest between the current role of the ECB in the Troika as ‘technical advisor’ and its position as creditor of the four Member States as well as its mandate under the Treaty; requests that possible ECB conflicts of interest, especially as regards crucial liquidity policy are carefully scrutinized; notes that throughout the crisis, the ECB has had crucial information on the health of the banking sector and financial stability in general, and that it has subsequently exerted policy leverage on decision- makers, at least in the cases of the Greek debt-restructuring, the Cypriot ELA operations and the Irish non-inclusion of senior-bondholders in the bail-in; calls for the appropriate lessons to be learnt;
2014/02/03
Committee: ECON
Amendment 659 #

2013/2277(INI)

Motion for a resolution
Paragraph 34
34. Notes that the ECB's role is not sufficiently defined, as it is stated in Regulation (EU) No 472/2013 and the ESM Treaty that the Commission should work ‘in liaison with the ECB’, thus reducing the ECB’s role to that of a provider of expertise; further notes that the ECB mandate is limited by the TFEU to monetary policy and that the active involvement of the ECB in any matters related to budgetary, fiscal and structural policies ris therefore on uncertain legal groundks being outside its mandate;
2014/02/03
Committee: ECON
Amendment 671 #

2013/2277(INI)

Motion for a resolution
Paragraph 35
35. Points to the generally weak democratic accountability of the Troika in programme countries at national level; notes however that this democratic accountability varies between countries, depending on the will of national executives; Notes with concern that three independent institutions of the Troika with an uneven distribution of responsibility between them, coupled with differing mandates and negotiation and decision-making structures with different levels of accountability, resulted in a lack of appropriate scrutiny and democratic accountability of the Troika as a whole;
2014/02/03
Committee: ECON
Amendment 688 #

2013/2277(INI)

Motion for a resolution
Paragraph 35 a (new)
35a. Recalls that the Parliaments of the Member States requesting financial assistance approved the macroeconomic adjustment programmes; points out that a national parliament objected to such a programme and thereby proved wrong the criticism that there is no alternative but to approve as objection to and revision of programmes is possible;
2014/02/03
Committee: ECON
Amendment 691 #

2013/2277(INI)

Motion for a resolution
Paragraph 36
36. Notes that formal decisions are made by both, following preparatory work by the Troika, formal decisions are made, according to their respective legal statutes and roles, by the Eurogroup and the IMF separately, with a crucial role now given to the ESM as it is the organisation responsible for deciding on financial assistance, thus putting governments, including those of the Member States directly concerned, at the centre of any decisions taken;
2014/02/03
Committee: ECON
Amendment 696 #

2013/2277(INI)

Motion for a resolution
Paragraph 36 a (new)
3a. Deplores that EU institutions are being portrayed as the scapegoat for adverse effects in Member States' macroeconomic adjustment while it is the Member States' Finance Ministers that bear the political responsibility for the Troika and its operations; stresses that this may lead to increased Euroscepticism although responsibility lies with the national not the European level;
2014/02/03
Committee: ECON
Amendment 697 #

2013/2277(INI)

Motion for a resolution
Paragraph 36 b (new)
36b. Calls on the Eurogroup, the Council and the European Council to assume full responsibility for the operations of the Troika;
2014/02/03
Committee: ECON
Amendment 728 #

2013/2277(INI)

Motion for a resolution
Paragraph 38
38. Reiterates its call for all decisions related to the strengthening of the EMU to be taken on the basis of the Treaty on European Union; takes the view that any departure from the Community method and increased use of intergovernmental agreements woulhave proven not to be efficient enough, and divide and weaken the Union, including the euro area;
2014/02/03
Committee: ECON
Amendment 773 #

2013/2277(INI)

Motion for a resolution
Paragraph 39
39. Stresses that as long as Member States make direct contributions from their national budget to the ESM national parliaments should approve financial assistance; recommends for this purpose that all Member States establish an appropriate mechanism by which their parliaments approve financial assistance and monitor implementation to enhance ownership and democratic accountability; stresses that the ESM should evolve towards Community-method management as provided for in the ESM Treaty and demands that the ESM be made accountable to the European Parliament including with respect to decisions to grant financial assistance, in order to exert democratic accountability over the ESM;
2014/02/03
Committee: ECON
Amendment 846 #

2013/2277(INI)

Motion for a resolution
Paragraph 43
43. Is concerned, in particular, to improve the accountability of the Commission when it acts in its capacity as a member of the Troika; requests that the Commission representative(s) in the Troika should be heard in the European Parliament before taking up their duties and should be subject to regular reporting to the European Parliament;
2014/02/03
Committee: ECON
Amendment 850 #

2013/2277(INI)

Motion for a resolution
Paragraph 43 a (new)
43a. Requests that in any reform of the Troika framework the ECB role is carefully analysed in order to align it with the ECB mandate; requests especially to assess the viability granting the ECB a transparent and clearly defined advisory role while not allowing it to be a full negotiation partner and discontinuing ECB co-signing mission statements;
2014/02/03
Committee: ECON
Amendment 851 #

2013/2277(INI)

Motion for a resolution
Paragraph 43 b (new)
43b. Is concerned, in particular, to improve the accountability of decisions of the Eurogroup with regard to financial assistance as finance ministers bear the ultimate political responsibility for macroeconomic adjustment programmes and their implementation while often neither being directly accountable to their national parliament nor the European Parliament for specific decisions; believes that before financial assistance is being granted the President of the Eurogroup should be heard before the European Parliament and the EU finance ministers in their respective parliament; stresses that the President of the Eurogroup and the finance ministers should both be required to regularly report to the European parliament and national parliaments;
2014/02/03
Committee: ECON
Amendment 865 #

2013/2277(INI)

Motion for a resolution
Paragraph 44
44. Calls for a reassessment of the decision-making process of the Eurogroup, amending MoUs with the Member States receiving EU-IMF financial assistance to include appropriate democratic accountability at both national and European levels; calls for European guidelines to be established in order to ensure appropriate democratic control on the implementation of measures at national level; proposes the creation of a permanent chairman of the Eurogroup, who would be one of the Vice-chairs of the Commission and accountable in front of the European parliament;
2014/02/03
Committee: ECON
Amendment 889 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 a (new)
45a. Stresses that the EU and the euro area in particular need to continue the path of economic reforms to increase the overall competitiveness of the Union, to create growth and jobs, and to make it more resilient to external shocks;
2014/02/03
Committee: ECON
Amendment 890 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 a (new)
45a. Recommends that if the Troika was to remain in the future part of the crisis management of the euro area, the respective roles and tasks1 a of each participant should be clarified: a- the Eurogroup, accountable as a whole in front of the EP, would remain the final decision-maker; b- the ESM, evolving towards a European Monetary Fund, would take over the Commission's role, allowing the latter to act in conformity with article 17 of the TEU and in particular to be the guardian of the Treaties; c- the ECB would participate as an observer, in order to enable it to raise strong concerns if appropriate; d- the IMF, if strictly necessary, would be a marginal lender and therefore could leave the program if in disagreement; __________________ 1a Points a and b would require a Treaty change to fully apply but an appropriate accountability mechanism for the current euro area and the Member States committed to joining could be found within the European Parliament for the transitory period.
2014/02/03
Committee: ECON
Amendment 891 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 b (new)
45b. Asks the Commission, in accordance with article 138 TFEU, to propose appropriate measures to ensure unified representation of the euro area within the international financial institutions and conferences and particularly in the IMF, in order to replace the current system of individual Member State representation at the international level;
2014/02/03
Committee: ECON
Amendment 892 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 c (new)
45c. Calls for the full implementation of the 6-pack and the 2-pack, allowing notably for a better and public dialogue between all parties involved (through the European Semester and the Economic Dialogue); believes that the EP could act as an arbitration court when a Member State calls into question a sanction which has been proposed and not been opposed by the Council in the framework of the Stability and Growth Pact (SGP) or the Macroeconomic Imbalances Procedure (MIP);
2014/02/03
Committee: ECON
Amendment 893 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 d (new)
45d. Proposes that for each programme country the Commission sets up a "growth task force" composed inter alia of experts coming, among others, from the Member States, the EIB, in association with representatives of the private sector and civil society in order to allow ownership, to suggest options to promote growth which would complement fiscal consolidation and structural reforms; this task force would have the objective of restoring confidence and therefore enabling investments; the Commission should build on the experience of the "Twinning" instrument for cooperation between Public Administrations of EU Member States (MS) and of beneficiary countries;
2014/02/03
Committee: ECON
Amendment 894 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 e (new)
45e. Is of the opinion that the situation of the euro area as a whole (including spill- over effects resulting from national policies on other Member States) should be better taken into account when looking at the Macroeconomic Imbalances Procedure (MIP) or when the Commission is drafting the AGS;
2014/02/03
Committee: ECON
Amendment 895 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 f (new)
45f. Believes that the Macroeconomic Imbalances Procedure (MIP) should also clearly assess any Member State's overreliance on a particular sector of activity;
2014/02/03
Committee: ECON
Amendment 896 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 g (new)
45g. Recalls the necessity of measures to safeguard tax revenues, in particular for programme countries enshrined in the regulation n°472/2013 of the European parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (Gauzès report), by taking "measures in close cooperation with the Commission and in liaison with the ECB and, where appropriate, with the IMF, aiming to reinforce the efficiency and effectiveness of revenue collection capacity and the fight against tax fraud and evasion, with a view to increasing its fiscal revenue"; recalls that effective steps to fight and prevent fiscal fraud both within and outside the EU should be taken rapidly;
2014/02/03
Committee: ECON
Amendment 897 #

2013/2277(INI)

Motion for a resolution
Paragraph 45 h (new)
45h. Is convinced of the need for a thorough analysis of the use of EU funds in order to assess their real effects, to dramatically increase their consistency with the objectives of the macroeconomic adjustment programme and to better take into account the use of EU funds in the euro area as whole;
2014/02/03
Committee: ECON
Amendment 42 #

2013/2175(INI)

Motion for a resolution
Paragraph 7
7. Notes that some investors from the banking and insurance sector are reluctant to invest oin certain types of assets in ac countext of tightened regulatory requirements;
2013/12/05
Committee: ECON
Amendment 102 #

2013/2175(INI)

Motion for a resolution
Paragraph 19
19. WelcomesPoints out that the Commission’s call for the use of private equity or venture capital as an alternative source of finance for high- risk investments should be further assessed, in particular vis-à-vis companies in the start-up and growth phases; notes that there is currently a strong tax bias favouring debt financing; believes that venture capital firms can provide valuable non-financial support including consultancy services, financial advice, marketing strategy and training;
2013/12/05
Committee: ECON
Amendment 106 #

2013/2175(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls on the Commission to work on eliminating all bias against equity in the various national, European and global economies;
2013/12/05
Committee: ECON
Amendment 134 #

2013/2175(INI)

Motion for a resolution
Paragraph 26
26. Believes that sound fair value accounting principles for institutional investors can enhance the transparency and consistency of financial information; stresses that those principles should avoidhowever the implementation of theses accounting principles shall not result in creating incentives for pro- cyclical strategies;
2013/12/05
Committee: ECON
Amendment 124 #

2013/2166(INI)

Motion for a resolution
Paragraph 3
3. Considers that the financial implications of the requested proposal should be covered by appropriate budgetary allocations (taking into account the option of the ESAs to deduct fees from entities under their supervision);
2014/01/15
Committee: ECON
Amendment 140 #

2013/2166(INI)

Motion for a resolution
Annex – paragraph 1 – indent 1
– Enhance the mandate for the all ESAs for binding and non-binding mediation especially with regard to the ECB and delete Recital 32 which is misleading on the mandate for non-binding mediation provided that the voting modalities do not recognise clusters of Member States;
2014/01/15
Committee: ECON
Amendment 152 #

2013/2166(INI)

Motion for a resolution
Annex – paragraph 1 – indent 4
– Ensure that the ESAs, national supervisory authorities and the ECB have access to the same supervisory information which has to be provided where possible in a common format which has to be determined by the ESAs, in cooperation with the ECB;
2014/01/15
Committee: ECON
Amendment 172 #

2013/2166(INI)

Motion for a resolution
Annex – paragraph 2 – indent 1
– proposing a single seat for all three ESA and, if deemed appropriate, merge the EBA and the EIOPA or all 3 ESAs;
2014/01/15
Committee: ECON
Amendment 210 #

2013/2166(INI)

Motion for a resolution
Annex – paragraph 2 – indent 5
– taking account of the size of Member States when reviewing the voting rights on the boards of supervisors and introducing simple majority voting for all decisions within the ESAs provided that the voting modalities do not recognise clusters of Member States;
2014/01/15
Committee: ECON
Amendment 239 #

2013/2166(INI)

Motion for a resolution
Annex – paragraph 2 – indent 9
– enabling the ESRB to explore and to propose additional measures for macroeconomic stability such as leverage and loan-to-value ratios, counter cyclical buffers and accounting standards promoting financial stability; in line with international recommendations;
2014/01/15
Committee: ECON
Amendment 255 #

2013/2166(INI)

Motion for a resolution
Annex – paragraph 2 – indent 11
– revising the structure of the ESRB to allow swifter decision-making and stronger accountability by establishing a systemic stability council with a limited number of members coming from a diversified background;
2014/01/15
Committee: ECON
Amendment 305 #

2013/2166(INI)

Motion for a resolution
Annex – paragraph 3 – indent 1
– whether the current model of three separate supervisory authorities is the best solution for coherent supervision or the merging of the ESAs ("twin peak model" or into a single entity) is an appropriate option;
2014/01/15
Committee: ECON
Amendment 5 #

2013/2145(BUD)

Draft opinion
Paragraph 1
1. Notes the economic and financial crisis is continuing to grip Europe. Given that simultaneous austerity measures across many Member States is leading to contraction, the EU budget needselements of the Union budget which enhance economic growth and employment need to be boosted for the EUnion to be able provide stronger counter- cyclical stabilizsation.
2013/07/22
Committee: ECON
Amendment 14 #

2013/2145(BUD)

Draft opinion
Paragraph 3 a (new)
3 a. Acknowledges that the European Parliament has been strongly in favour of the creation of the ESAs and believes that the Authorities are key actors in order to create more stable and safer financial markets. The European Union needs stronger and better coordinated supervision at the European level.
2013/07/22
Committee: ECON
Amendment 15 #

2013/2145(BUD)

Draft opinion
Paragraph 4
4. Stresses the additional tasks already delegated to the European Supervisory Authorities (ESAs), as well as future tasks envisaged in the legislative proposals yet to be agreed, which will require commensurate budgetary increases in order for them to fulfil their supervisory role in a satisfactory manner; recalls its position that the European Supervisory Authorities (ESA) need independent budget lines and should become less financially independent upon contributions from their national member authorities;
2013/07/22
Committee: ECON
Amendment 18 #

2013/2145(BUD)

Draft opinion
Paragraph 4 a (new)
4a. Concludes that the current financing of ESAs, with a mixed-financing arrangement, is inflexible, creates administrative burden, and poses a threat to the agencies' independence.
2013/07/22
Committee: ECON
Amendment 19 #

2013/2145(BUD)

Draft opinion
Paragraph 4 b (new)
4b. Calls for the Commission to explore options for a new long-term sustainable financing of the ESAs, which safeguards its independence in the next review of the Agencies' work and financing arrangements; the Commission shall present the review of the agencies by 2 January 2014.
2013/07/22
Committee: ECON
Amendment 35 #

2013/2134(INI)

Motion for a resolution
Recital D
D. whereas the democratic legitimacy of economic governance in the European Semester requires real and dedicated respect for parliamentary prerogatives at European and national level and for those of the European Commission as laid down in the Treaties and EU legislation against the trend of an increasingly de- parliamentarised and intergovernmental culture of economic-policy making at EU level;
2013/07/17
Committee: ECON
Amendment 58 #

2013/2134(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission’s recognition that ‘deficit’ countries need to boost their competitiveness and that ‘surplus’ countries need to boost their demand, and that this calls for a deep revision of the prevailing policy stanc in a proportionate and sustainable way in order to contribute to the stability and growth of the eurozone;
2013/07/17
Committee: ECON
Amendment 120 #

2013/2134(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the use by the Commission of the margin of manoeuvre offered by the revised SGP to extend the deadlines for the correction of excessive deficits in seven procedures; calls on the Commission and the Council to ensure that the content and the calendar of the fiscal adjustment path are adapted to the specificity of each country and, particularly in ‘deficit’ countries, includemaking them conditional on the aforementioned margin of manoeuvre and the full use of structural funds, sound and sustainable structural reforms and the identification of investments (namely in the CSR) essential to boost competitiveness; calls on the Commission to clarify as a matter of urgency the ways in which to accommodate, under certain conditions, non-recurrent, public investment programmes with a proven impact on the sustainability of public finances;
2013/07/17
Committee: ECON
Amendment 160 #

2013/2134(INI)

Motion for a resolution
Paragraph 16
16. Agrees that the ECB’s action has ‘decisively contributed to the stability of the euro area’, limiting speculation on sovereign debt and supporting attempts at reform embarked upon in some Member States; considers, however, that insufficient growth and high (and still growing) levels of private and public debt in many Member States mean that ‘a carefully managed process of deleveraging’ is required; calls on the Commission, therefore, to quickly deliver its 2-pack commitments to Parliament in order to deepen the analysis on the partial substitution of national debt issuance through joint issuance in the form of awelcomes the establishment of the expert group on the redemption fund and eurobills;
2013/07/17
Committee: ECON
Amendment 171 #

2013/2134(INI)

Motion for a resolution
Paragraph 17
17. Stresses that the financing of the real economy, and of SMEs in particular, has not been restored on the EU’s periphery; points out that major differences in access to credit further stimulate the growingtend to exaggerate internal divergence trends in the EU and euro area in particular and destroy the internal market through unfair competition conditions; points out alsoreiterates that cleaning up the bank portfolios is a precondition and stresses that negative economic prospects only partially justify such restrictive credit constraints; calls for closer monitoring of the application of the new prudential rules and the banking sector practices in financing the real economy, in particular economically viable SMEs; calls for the Commission to prioritise work on alternativeaimed at diversifying sources of financing for SMEs, in particular through the structural funds, the European Investment Bank, the European Investment Fund and public development banks, and also through the financial markets (SME growth market, securitisation, ...);
2013/07/17
Committee: ECON
Amendment 177 #

2013/2134(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Stresses that the retreat of various financial actors into national markets suggests that they are being weakened by the fragmentation of the internal market through excessive concentration, blocking the interbank market and negating the advantages of the internal market, i.e. risk diversification and greater opportunities;
2013/07/17
Committee: ECON
Amendment 185 #

2013/2134(INI)

Motion for a resolution
Paragraph 18
18. UrgCongratulates the Commission ton submitting a legislative proposal to create a Single Resolution Mechanism (includcomprising a Single European Authority and an industry financed Single European Fund), which is essential for completing the Banking Union; urges the Council to rapidly conclude negotiations with Parliament on the Deposit Guarantee Schemes Directive and on the Banking Recovery and Resolution Directive (to be negotiated in parallel);
2013/07/17
Committee: ECON
Amendment 194 #

2013/2134(INI)

Motion for a resolution
Paragraph 19
19. Calls for direct banking recapitalisation by the European Stability Mechanism (ESM) to be available as soon as all the pillars of the Banking Union – namely, if necessary, as soon as the Ssingle Ssupervisory Mechanism and the Deposit Guaranteauthority is in place, as announced by the heads of state and Recgovery and Resolution frameworks – are in placenment of the eurozone in their June 2012 declaration; given the possible urgency of having a Single Resolution Fund to accompany the SSM, supports the immediate frontloading of the ESM to feed the SRF, with a reimbursement period by industry; believhich in turn would be fed by contributions from the banking sector; reiterates that the MESM facility must reinforce the EU budget and be managed under the Community method;
2013/07/17
Committee: ECON
Amendment 228 #

2013/2134(INI)

Motion for a resolution
Paragraph 25
25. Urges the Commission to ensureReminds thate Member States that they must involve their national parliaments, the social partners and civil society in the European Semester process as a whole, and particularly in the development and discussion of their national reform programmes;
2013/07/17
Committee: ECON
Amendment 26 #

2013/2098(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas successful and comprehensive rural development programmes can have a concrete positive impact on employment rates and the competitiveness of businesses in rural areas, and thus reduce the risk of unemployment or that as a result of low rural incomes inhabitants live in abject poverty;
2013/10/16
Committee: AGRI
Amendment 33 #

2013/2098(INI)

Motion for a resolution
Recital H
H. whereas regional quality branding can contribute to the development of territorial economies by broadening the concept of quality through the use of schemes for the delivery of sets of high-quality goods and services which are inextricably interlinked and which embody the specific characteristics of each territory, and in particular its heritage (historical, cultural, geographical, etc.); whereas, as a result, these sets of goods and services come to be seen as unique, generating revenue at territorial level and opening up new opportunities on local and international markets;
2013/10/16
Committee: AGRI
Amendment 42 #

2013/2098(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas official European quality labels already exist (Protected Designation of Origin, Protected Geographical Indictation, Traditional Specialty Guaranteed) and the number of both European and Third country products carrying them continues to increase;
2013/10/16
Committee: AGRI
Amendment 91 #

2013/2098(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to develop an approach tocontinue to develop its three official recoquality labels (Protected Designiation of regOrigin, Protected Geographical Indication, Traditional quSpeciality branding based on an objective assessment of the governanGuaranteed) which are already established and increasingly recognised by consumers, and to concentrate resources ofn the territorial development process, focusing in particular on the steps taken to incorporate the social, economic and environmental dimensions,se clearly defined labels rather than creating new ones, to enable them to contribute to both the dieversity of thelopment of rural areas economic andally, social actors involved in promoting regional quality branding and the quality of the set of specific goods and services which they can offerly and environmentally, and the development of quality EU products to the greatest extent possible;
2013/10/16
Committee: AGRI
Amendment 38 #

2013/2076(INI)

Motion for a resolution
Paragraph 1
1. Is deeply concerned at the fact that persistently weak economic conditions are becoming the norm in Europe, creating overwhelming discontent among European citizens in parts of the EU, creating instability for the Eurozone as a whole and therefore jeopardising the wholatening the support of the European project;
2013/07/12
Committee: ECON
Amendment 59 #

2013/2076(INI)

Motion for a resolution
Paragraph 4
4. Considers that the three-year LTRO settled on Marchs announced on 8 December 20121 contributed to stabilising the banking system, but that this should be a temporary measure; notes that, despite the liquidity injected into the banking system by the LTRO, the credit available to the real economy is still below pre-crisis levels; suggests that it would be appropriate for the ECB to reduce its deposit facility rate to negative values in order to encourage banking lending to the real economy if necessary by conditioning its support;
2013/07/12
Committee: ECON
Amendment 81 #

2013/2076(INI)

Motion for a resolution
Paragraph 6
6. Underlines the important role played by the SMP until September 2012 in addressing the malfunctioning of certain eurozone sovereign debt securities market segments;
2013/07/12
Committee: ECON
Amendment 88 #

2013/2076(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the setting-up of the OMTs, with no ex ante quantitative limits, in order to safeguard monetary policy transmission, but deplores the decision to link the activation of the OMT to strict conditionalities attached to an EFSF/ESM programme; calls on the ECB to activate OMTs independently from strict conditionality;
2013/07/12
Committee: ECON
Amendment 97 #

2013/2076(INI)

Motion for a resolution
Paragraph 8
8. Considers unnecessary the full sterilisation of the liquidity injected by the OMTs, as inflation expectations remain extremely low in a context of weak economic activity;deleted
2013/07/12
Committee: ECON
Amendment 112 #

2013/2076(INI)

Motion for a resolution
Paragraph 9
9. Considers that the monetary policy tools that the ECB has used since the beginning of the crisis, while providing a welcome relief in distressed financial markets, have revealed their limits as regards stimulating growth and improving the situation on the labour market; considers, therefore, that the ECB could investigate the possibilities of implementing new unconventional measures aimed at participating in a large, EU-wide pro- growth programme, including the use of the Emergency Liquidity Assistance facility to undertake an ‘overt money financing’ of government debt in order to finance tax cuts targeted on low-income households and/or new spending programmes focused on the Europe 2020 objectivesnot allowed a proper transmission of its monetary policy and thus have not sufficiently contributed to stimulating growth and improving the situation on the labour market;
2013/07/12
Committee: ECON
Amendment 135 #

2013/2076(INI)

Motion for a resolution
Paragraph 10
10. Considers it necessary to review the Treaties and the ECB's statutes in order to establish price stability together with full employment as the two objectives, on an equal footing, of monetary policy in the eurozone; that any debate on a potential revision of the Treaties should also include the ECB's statutes in order to analyse the possibilities of reinforcing its contribution to the realisation of the objectives of the EU (including full employment) while preserving price stability as the primary mandate; believes that it should also be an opportunity to change the legal basis to have adequate supervision (bank, insurance, markets) at the euro area and EU levels; considers, furthermore, that any revision of the ECB's statutes should seek to completely integrate the national central banks into the ECB;
2013/07/12
Committee: ECON
Amendment 151 #

2013/2076(INI)

Motion for a resolution
Paragraph 11
11. Argues that the conduct of monetary policy should be democratic and should result from deliberation between different viewpoints and approacherespect the principle of independence and accountability; recalls in this respect the importance of the Monetary Dialogue and of the written questions submitted by MEPs;
2013/07/12
Committee: ECON
Amendment 165 #

2013/2076(INI)

Motion for a resolution
Paragraph 12
12. Invites the ECB to pay more attention to the contractionary effects on GDP, employment and social welfare created by austeritycorrective policies carried out by national governments in the framework of Economic Assistance Programmes involving the ECB;
2013/07/12
Committee: ECON
Amendment 173 #

2013/2076(INI)

Motion for a resolution
Paragraph 13
13. Underlines that the ECB's independence should not justify lack of democratic accountability and recalls in this respect the importance of the Monetary Dialogue and of the written questions submitted by MEPs;
2013/07/12
Committee: ECON
Amendment 182 #

2013/2076(INI)

Motion for a resolution
Paragraph 15
15. CRecalls on the ECB to pay more attention to the euro exchange rate in order to avoid excessive euro appreciation, which could in turn damagethat, in accordance with Article 219 of the TFEU, the exchange rate policy is the responsibility of the Council involving recommendation from the Commission, consultation or recommendation of the ECB, in an endeavour to reach a consensus consistent with the objective of price stability and also including consultation of the eEurozonepean Parliament;
2013/07/12
Committee: ECON
Amendment 192 #

2013/2076(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Invites the ECB, in cooperation with the national central banks, to explain its policies in terms of currency swap deals designed to provide support for the bilateral economic and trade exchanges and to help maintain financial stability;
2013/07/12
Committee: ECON
Amendment 209 #

2013/2076(INI)

Motion for a resolution
Paragraph 21
21. Considers that transparency in the field of banking supervision is essential and that the ECB should take all possible measures to improve its transparency such as, inter alia, the publication of the minutes (including a full account of the policy discussion) of the Supervisory Board;
2013/07/12
Committee: ECON
Amendment 214 #

2013/2076(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Recalls that it is of paramount importance that the ECB ensure operational separation of the core units preparing the draft decisions in the field of monetary policy and supervisory policy; underlines the crucial need for the agreement negotiated between the ECB and the European Parliament regarding practical measures to ensure democratic accountability;
2013/07/12
Committee: ECON
Amendment 217 #

2013/2076(INI)

Motion for a resolution
Paragraph 23
23. Considers it urgent to approve the establishment of a European Resolution System in order to protect depositors and prevent fur, to reinforce the stability of ther banking crises; system as well as to prevent the "too big to fail" syndrome;
2013/07/12
Committee: ECON
Amendment 224 #

2013/2076(INI)

Motion for a resolution
Paragraph 25
25. Notes that in order to strengthen the stability of the banking system and avoid the development of the ‘too big to fail’ syndrome, consideration should be given to introducing a full separation between deposit and investment banks, on the lines of the ‘Volcker Rule’ in the US;deleted
2013/07/12
Committee: ECON
Amendment 232 #

2013/2076(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Believes that the "troika" should be replaced by a system where the Commission, accountable to the European Parliament, is put at the heart of the mechanism with Program Countries, while the Eurogroup is included in the decision-making process, the ECB provides expertise and the IMF would give advice where appropriate;
2013/07/12
Committee: ECON
Amendment 241 #

2013/2076(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Recalls that, according to Article 10.4 of the Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, the proceedings of the meetings of the Governing Council shall be confidential but it may decide to make the outcome of its deliberations public; believes that, unless the Governing Council has taken such a decision, all its members are bound by confidentiality and loyalty;
2013/07/12
Committee: ECON
Amendment 243 #

2013/2076(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Takes the view that the EU institutions, including the ECB, should lead by example in the field of gender balance and that it is essential that the gender representation among leading positions within the ECB be improved in order to better represent European citizens;
2013/07/12
Committee: ECON
Amendment 244 #

2013/2076(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Deeply disapproves of the fact the Member States ignored the negative vote in the European Parliament, both in the ECON Committee and in the plenary, because of the lack of gender balance perspective during the appointment of Yves Mersch;
2013/07/12
Committee: ECON
Amendment 245 #

2013/2076(INI)

Motion for a resolution
Paragraph 27 c (new)
27c. Urges the Member States to incorporate a gender-balance perspective with possibility for positive action on the basis of a balanced gender representation in regard to the appointment of members to the Executive Board; whenever a vacancy arises on the Executive Board, Euro Member States should be encouraged to nominate two candidates, one male and one female, for the vacant position;
2013/07/12
Committee: ECON
Amendment 246 #

2013/2076(INI)

Motion for a resolution
Paragraph 27 d (new)
27d. Believes that the principles of gender balance in appointment to leading positions should also apply to the Steering Committee and Advisory Committee of the ESRB as well as the Boards of Supervisors of the ESAs;
2013/07/12
Committee: ECON
Amendment 247 #

2013/2076(INI)

Motion for a resolution
Paragraph 27 e (new)
27e. Believes that Member States should also be encouraged to appoint women as governors of the National Central Banks (NCBs) in order to achieve a better gender balance on the Governing Council and the General Council of the ECB as well as on the General Board of the ESRB;
2013/07/12
Committee: ECON
Amendment 60 #

2013/2021(INI)

Motion for a resolution
Recital G
G. whereas the financial crisis demonstrated the problem of cross- contamination between banks' retail and investment activities; whereas the report of the HLEG underlines that "there are important systemic benefits of having diversity of business models" and the Eurosystem states in its contribution of January 2013 that "diversity implies that different institutional forms, business and earnings models coexist which strengthens resilience and mitigates contagion vulnerabilities";
2013/04/18
Committee: ECON
Amendment 105 #

2013/2021(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas the funding of the real economy by banks is significantly higher in most of the Member States than it is in the UK or the US;
2013/04/18
Committee: ECON
Amendment 106 #

2013/2021(INI)

Motion for a resolution
Recital J b (new)
Jb. whereas the report of the Independent Commission on Banking and the Vickers reforms in the UK state several times that its recommendations are a policy approach for UK banks;
2013/04/18
Committee: ECON
Amendment 108 #

2013/2021(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the HLEG's analysis and recommendations on banking reform and considers them a sound basis for initiating reformcontribution; is of the opinion that any reform should take into account the EU funding opportunities available to the real economy, and in this respect, the role played by the banks;
2013/04/18
Committee: ECON
Amendment 118 #

2013/2021(INI)

Motion for a resolution
Paragraph 2
2. Takes the view that while current proposals for reforms of EU banking sector rules (including the Capital Requirements Directive and Regulation, the Recovery and Resolution Directive, the Single Supervisory Mechanism, the Deposit Guarantee Schemes Directive and shadow banking initiatives) are vital, a more fundamental reform of the banking structure is essential, and complementary to the other proposalsthey must be fully implemented and their cumulative effects assessed inter alia concerning complexity, risk-taking incentives and systemic risk; underlines that further reforms are necessary of banking structures as well as resolution, taking into account the global banking framework;
2013/04/18
Committee: ECON
Amendment 165 #

2013/2021(INI)

Motion for a resolution
Paragraph 5
5. Urges the Commission to ensure that the core principles of reform detailed in paragraph 7s also apply to the shadow banking sector and unregulated areas of the financial services sector;
2013/04/18
Committee: ECON
Amendment 168 #

2013/2021(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. recalls that any banking reform would not deliver if the supervision is not undertaken at the relevant level or is not provided with appropriate means; underlines that the transmission of information is key to ensure quality work by supervisors;
2013/04/18
Committee: ECON
Amendment 218 #

2013/2021(INI)

Motion for a resolution
Paragraph 8
8. Urges the Commission to come forward with a proposarefully assess the complementarity of structural reform with the new EU banking framework, including in particular CRD4, the Bank Recovery and Resolution Directive, Banking Union before any decision is taken on structural refor m andatory separation of banks' retail and investment activitie in particular on legal separation between deposits and proprietary trading and other significant trading activities, if the activities to be separated amount to a significant share of a bank's business;
2013/04/18
Committee: ECON
Amendment 254 #

2013/2021(INI)

Motion for a resolution
Paragraph 9
9. Urges the Commission to come forward with a proposal for such mandatory separation through the establishment of a thorough, transparent and credible ‘ring fence’ aroundbetween bank activities that are vital for the real economy, such as those relating to credit functions, payment systems and deposits, deposits, business support services and high-risk activities relating to trading; takes the view that in the event of a bank failure, the ring fence must ensure that the retail entity continues business unaffected by operational problems, financial losses, funding shortages or reputational damage resulting from the resolution or insolvency of the investment entity;
2013/04/18
Committee: ECON
Amendment 299 #

2013/2021(INI)

Motion for a resolution
Paragraph 12 – introductory part
12. Urges the Commission to ensure that any separation results inof certain high-risk activities that are not associated with the provision of client-related services:
2013/04/18
Committee: ECON
Amendment 303 #

2013/2021(INI)

Motion for a resolution
Paragraph 12 – subparagraph 1 (new)
(i) results in:
2013/04/18
Committee: ECON
Amendment 318 #

2013/2021(INI)

Motion for a resolution
Paragraph 12 – point b
(b) limits on the extent to which the two entities are reliant on each other for funding and/or resources; in particular, there should be no legal basis for unduly and unnecessarily shifting capital and liquidity from ring-fenced entities to other entities in the group;
2013/04/18
Committee: ECON
Amendment 333 #

2013/2021(INI)

Motion for a resolution
Paragraph 12 – point d a (new)
(da) (ii) does not result in: (a) increasing dependency on non-EU banks or unregulated sources of funding; (b) increasing regulatory arbitrage (inside and outside the EU) and a global unlevel playing field; (c) a discrepancy between overly regulated retail banks and lite-regulated investment banks; (d) fragmentation of the internal market;
2013/04/18
Committee: ECON
Amendment 389 #

2013/2021(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Believes that the possible scope for allowing market-making to be carried out by the deposit taking entity, subject to certain limits, should be further analysed;
2013/04/18
Committee: ECON
Amendment 390 #

2013/2021(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Recalls that any structural reform does not remove the need for continuous supervision and, where necessary, adaptation of the legislation, through co- decision or implementing measures, while avoiding legislation which permits inconsistent transposition and application;
2013/04/18
Committee: ECON
Amendment 24 #

2013/0400(CNS)

Proposal for a directive
Article 1 – point 3
Directive 2011/96/EU
Article 4 – paragraph 1 – point a
(a) refrain from taxing such profits to the extent that such profits are not deductible by the subsidiary of the parent company, provided that they have been taxed in the country of the subsidiary at an effective corporate tax rate not lower than 75 % of the average effective corporate tax rate applicable in the Member States; or
2014/02/28
Committee: ECON
Amendment 26 #

2013/0400(CNS)

Proposal for a directive
Article 1 – point 3 a (new)
Directive 2011/96/EU
Article 4 – paragraph 1 – point b
(b) tax such profits3a. In Article 4(1), point (b) is replaced by the following: "(b) tax such profits at an effective corporate tax rate not lower than 75 % of the average effective corporate tax rate applicable in the Member States, while authorising the parent company and the permanent establishment to deduct from the amount of tax due that fraction of the corporation tax related to those profits and paid by the subsidiary and any lower-tier subsidiary, subject to the condition that at each tier a company and its lower-tier subsidiary fall within the definitions laid down in Article 2 and meet the requirements provided for in Article 3, up to the limit of the amount of the corresponding tax due."
2014/02/28
Committee: ECON
Amendment 85 #

2013/0398(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) The work programme drawn up by the Commission should be based on the objectives set out in this Regulation, which consist of increasing the market share of European products, increasing their competitiveness and opening up new markets, especially in those sectors most affected by trade agreements, as well as informing consumers about the high standards that EU legislation requires of EU products and increasing recognition and awareness of European quality schemes (PGI, PDO, TSG, organic).
2014/02/17
Committee: AGRI
Amendment 94 #

2013/0398(COD)

Proposal for a regulation
Recital 16
(16) Financing rules should be set. As a general rule, so that interestinged proposing organisations assume their responsibilities, the Union should cover only part of the cost of programmes. Certain administrative and staff costs which are not linked to implementation of the CAP form an integral part of information provision and promotion measures and could be eligible for Union funding.
2014/02/17
Committee: AGRI
Amendment 99 #

2013/0398(COD)

Proposal for a regulation
Recital 18
(18) In order to ensure the coherence, effectiveness and sound management of the measures provided for in this Regulation as well as the efficient use of Union funding, the Commission should be delegated the power to adopt acts in accordance with Article 290 of the Treaty as regards the specific conditions of brand visibility and the indication of product origin, the criteria for determining the eligibility of proposing organisations, the conditions governing competitive tendering between implementing organisations and the conditions according to which the proposing organisation may be authorised to implement certain parts of the programme itself, the work programmes laying down strategic priorities, and, finally, the specific conditions determining the eligibility of the costs of information provision and promotion measures for simple programmes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including using external experts. When preparing and drawing-up delegated acts, the Commission will ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
2014/02/17
Committee: AGRI
Amendment 104 #

2013/0398(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that uniform implementing conditions apply under this Regulation, the Commission should be granted implementing powers for the purposes of adopting implementing acts concerning work programmes laying down strategic priorities, the selection of simple programmes. the implementing, monitoring and control arrangements of simple programmes, the rules concerning the conclusion of contracts for the implementation of simple programmes selected in accordance with this Regulation, and the common impact assessment framework for programmes. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17 . __________________ 17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2014/02/17
Committee: AGRI
Amendment 108 #

2013/0398(COD)

Proposal for a regulation
Article 1 a (new)
Article 1a Objectives The work programme provided for in Article 8 shall cover the following objectives: (a) Increasing the market share of EU products and opening up new markets, with a specific focus on the markets with the highest growth potential; (b) Increasing the competitiveness of EU products and raising their profile both within and outside the European Union, and especially that of the products most vulnerable to globalisation in international trade; (c) Providing information to consumers on the high standards that EU products must meet arising from the application of the Common Agricultural Policy (CAP), with a particular focus on food safety, authenticity, nutritional and health aspects, animal welfare and respect for the environment; (d) Increasing awareness and recognition of European quality schemes (PGI, PGO, TSG, organic);
2014/02/17
Committee: AGRI
Amendment 113 #

2013/0398(COD)

Proposal for a regulation
Article 2 – title
Measures on the internal market and in third countries
2014/02/17
Committee: AGRI
Amendment 125 #

2013/0398(COD)

Proposal for a regulation
Article 2 – paragraph 1 - point b
(b) information measures aimed at stressing the characteristics of agricultural and food products and on the themes referred to in Article 5(4);
2014/02/17
Committee: AGRI
Amendment 130 #

2013/0398(COD)

Proposal for a regulation
Article 2 – paragraph 1 - point b a (new)
(ba) promotion measures aimed at increasing sales of agricultural and food products produced in the EU.
2014/02/17
Committee: AGRI
Amendment 141 #

2013/0398(COD)

Proposal for a regulation
Article 3
The eligible measures in third-countries are as follows: (a) information measures aimed at stressing the characteristics of agricultural and food products and on the themes referred to in Article 5(4); (b) promotion measures aimed at increasing sales of agricultural and food products from the EU.Article 3 deleted Measures in third countries
2014/02/17
Committee: AGRI
Amendment 224 #

2013/0398(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
The Commission shall, by means of an implementing act, adopte empowered to adopt delegated acts, in accordance with Article 23 and on the basis of the objectives listed in Article 1, concerning the adoption of a work programme setting out the objectives pursued, the priorities, the expected results, the implementing arrangements and the total amount of the financing plan. It shall also contain the main evaluation criteria, a description of the measures to be financed, an indication of the amounts allocated to each type of measure and an indicative implementation timetable and, in the case of grants, the maximum rate of co- financing.
2014/02/17
Committee: AGRI
Amendment 230 #

2013/0398(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
The implementing act referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 24(3).deleted
2014/02/17
Committee: AGRI
Amendment 329 #

2013/0398(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.deleted
2014/02/17
Committee: AGRI
Amendment 332 #

2013/0398(COD)

Proposal for a regulation
Article 27 – paragraph – -1 (new)
- 1. By not later than 31 December [2017], the Commission shall submit to the European Parliament and the Council an interim report on the application of this Regulation, including rate of uptake in different Member States, together with any appropriate proposals. At the European Parliament's request the Commission shall come and present the interim report to the responsible committee.
2014/02/17
Committee: AGRI
Amendment 333 #

2013/0398(COD)

Proposal for a regulation
Article 27
By not later than 31 December [2020], the Commission shall submit to the European Parliament and the Council a report on the application of this Regulation together with any appropriate proposals. At the European Parliament's request the Commission shall come and present the interim report to the responsible committee.
2014/02/17
Committee: AGRI
Amendment 138 #

2013/0314(COD)

Proposal for a regulation
Recital 8
(8) The scope of this Regulation should be as broad as necessary to create a preventive regulatory framework. The production of benchmarks involves discretion in their determination and is inherently subject to certain types of conflicts of interest, which implies the existence of opportunities and incentives to manipulate those benchmarks. These risk factors are common to all benchmarks, and all of them should be made subject to adequate governance and control requirements. Since benchmarks may be used in retail markets, restricting the scope by reference to currently important or vulnerable indices would not address the risks that any benchmark may pose to investor protection. Moreover, since the vulnerability and importance of a benchmark varies over time, restricting the scope by reference to currently important or vulnerable indices would not address the risks that any benchmark may pose in the future. In particular, benchmarks that are currently not used in retail markets or that are currently not widely used may be so used in the future, so that, in their regard, even a minor manipulation may have significant impact.
2013/12/19
Committee: ECON
Amendment 148 #

2013/0314(COD)

Proposal for a regulation
Recital 9
(9) The critical determinant of the scope of this Regulation should be whether the output value of the benchmark determines the value of a financial instrument, financial contract or measures the performance of an investment fund. Therefore the scope should not be dependent on the nature of the input data. Benchmarks calculated from economic input data, such as share prices and non- economic number or values such as weather parameters should thus be included. The framework should cover those benchmarks subject to these risks, but should also provide for a proportionate response to the risks that different benchmarks pose. This Regulation should therefore cover all benchmarks which are used to price financial instruments and which are publisthed or traded on regulated venuesmade available to the public, including those accessible through the internet whether free of charge or not.
2013/12/19
Committee: ECON
Amendment 158 #

2013/0314(COD)

Proposal for a regulation
Recital 16 a (new)
(16 a) Benchmarks that are provided by national statistical authorities in the Union are subject to control by public authorities and meet principles, standards and procedures which ensure the accuracy, integrity and independence of their benchmarks as provided for by this Regulation. It is therefore not necessary that these benchmarks should be subject to this Regulation.
2013/12/19
Committee: ECON
Amendment 163 #

2013/0314(COD)

Proposal for a regulation
Recital 23
(23) Any discretion that can be exercised in providing input data creates an opportunity to manipulate a benchmark. Where the input data is transaction based data, there is less discretion and therefore the opportunity to manipulate the data is reduced. As a general rule benchmark administrators should therefore use actual transaction input data where possible but other data may be used in those cases where the transaction data is insufficient to ensure the integrity and accuracy of the benchmark or where a benchmark is not designed to represent transactions and the nature of the benchmark is such that data other than transaction data is used to reflect what the benchmark is designed to measure, provided that in all cases such data is verifiable.
2013/12/19
Committee: ECON
Amendment 170 #

2013/0314(COD)

Proposal for a regulation
Recital 27
(27) Many benchmarks are determined from input data that is provided by regulated venues, energy exchanges and emission allowance auctions. These venues are subject to regulation and supervision that ensures the integrity of the input data, provides for governance requirements and procedures for the notification of breaches. Therefore, provided they are sourced from venues subject to post trade transparency requirements, including a third country market considered as equivalent to a regulated market in the Union, these benchmarks are released from certain obligations in order to avoid dual regulation and because their supervision ensures the integrity of the input data used.
2013/12/19
Committee: ECON
Amendment 190 #

2013/0314(COD)

Proposal for a regulation
Recital 36
(36) In some circumstances a person may provide an index but be unaware that this index is being used as a reference for a financial instrument. This is particularly the case where the users and benchmark administrator are located in different Member States. It is therefore necessary that competent authorentities, whenever they become aware of the use of a benchmark in a financial instrument, notifyintend to use an index as a benchmark, verify with ESMA, acting as central coordinating authority such as ESMA, who should notify the administrator, whether the provider of the index is an authorised or registered administrator and, if not, notify the provider of the index.
2013/12/19
Committee: ECON
Amendment 209 #

2013/0314(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
(b a) National statistical authorities in the Union.
2013/12/19
Committee: ECON
Amendment 219 #

2013/0314(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
(1) 'index' means any rate or figure:
2013/12/19
Committee: ECON
Amendment 221 #

2013/0314(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a
(a) that is published or made available to the public; and
2013/12/19
Committee: ECON
Amendment 222 #

2013/0314(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b
(b) that is periodically or regularly determined, entirely or partially, by the application of a formula or any other method of calculation, or by an assessment; and
2013/12/19
Committee: ECON
Amendment 224 #

2013/0314(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point c
(c) where this determination is made on the basis of the value of one or more underlying assets, or prices, including estimated prices, actual or estimated interest rates or other values or surveys.
2013/12/19
Committee: ECON
Amendment 226 #

2013/0314(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) 'benchmark' means any index by reference to which the amount payable under a financial instrument or a financial contract, or the value of a financial instrument is determined or an index that is used to measure the performance of an investment fund and which is mentioned in the marketing or legal documentation or in the investment objective or used as a trigger for a manager to calculate fees linked to the performance of an investment fund;
2013/12/19
Committee: ECON
Amendment 242 #

2013/0314(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) 'regulated data' means input data that is sourced from venues subject to mandatory post trade transparency requirements and that is contributed directly from a trading venue as defined in point (25) of paragraph 1 of Article 2 of [MIFIR] or approved publication arrangement as defined in point (18) of paragraph 1 of Article 2 of [MIFIR ] or an approved reporting arrangement as defined in point (20) of paragraph 1 of Article 2 of [MIFIR] in accordance with mandatory post trade data requirements or an electricity exchange as referred to in point (j) of paragraph 1 of Article 37 of Directive 2009/72/EC19 or a natural gas exchange as referred to in point (j) of paragraph 1 of Article 41 of Directive 2009/73/EC20 or an auction platform referred to in Article 26 or in Article 30 of Regulation (EU) No 1031/2010 of the European Parliament and of the Council, or from a third country market considered as equivalent to a regulated market in accordance with Article 19(6) of Directive 2004/39/EC; __________________ 19 OJ L 211, 14.8.2009, p. 55. 20 OJ L 9, 14.8.2009, p. 112.
2013/12/19
Committee: ECON
Amendment 251 #

2013/0314(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) 'financial instrument' means any of the instruments listed in Section C of Annex I to Directive 2004/39/EC for which a request for admission to trading on a trading venue has been made or which are traded on a trading venue;
2013/12/19
Committee: ECON
Amendment 275 #

2013/0314(COD)

Proposal for a regulation
Recital 34 a (new)
(34a) Given the strategic importance of critical benchmarks for the whole Union, it may be of interest to grant the ESMA with direct supervisory powers. It is in particular the case with the Euro Interbank Offered Rate (EURIBOR) or the London Interbank Offered Rate (LIBOR). However the ESMA may choose to delegate part or all of the responsibility for supervision. It may also decide to revoke this delegation.
2015/01/23
Committee: ECON
Amendment 281 #

2013/0314(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. This Regulation shall not apply to the administrator of a benchmark referred to in Article 25(3) in respect of that benchmark.deleted
2013/12/19
Committee: ECON
Amendment 289 #

2013/0314(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point b
(b) specific features of different types of benchmarks and administrators; taking into account in particular any authorisations the administrators may have;
2013/12/19
Committee: ECON
Amendment 294 #

2013/0314(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Where outsourcing takes place,: - an administrator shall ensure that the outsourcing requirements set out in Section B of Annex 1 are satisfied; - a contributor shall define an internal control process to guarantee the effective availability of data which have to be stored.
2013/12/19
Committee: ECON
Amendment 300 #

2013/0314(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a – paragraph 1
The input data shall be transaction data. If available transaction data is not sufficient to represent accurately and reliably the market or economic reality that the benchmark is intended to measure, input data which is not transaction data may be used provided that such data is verifiable. An administrator is not prohibited from using data other than transaction data for a benchmark that is not designed to represent transactions and where the nature of the benchmark is such that data other than transaction data is used to reflect what the benchmark is designed to measure, provided that such data is verifiable.
2013/12/19
Committee: ECON
Amendment 390 #

2013/0314(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
(c) Where the input data of a benchmark is not transaction data and a contributor is a party to more than 50% of value of transactions in the market which that the benchmark intends to measure, the administrator shall verify that the input data represents a market subject to competitive supply and demand forces. Where the administrator finds that the input dataThe administrator shall not use input data from contributors which does not represent a market subject to competitive supply and demand forces, it shall eicomply with ther change the input data, the contributors or the methodology to ensure that the input data represents a market subject to competitive supply and demand forces, or cease to provide that benchmark (‘Market impact’)ode of conduct referred to in Article 9.
2015/01/23
Committee: ECON
Amendment 402 #

2013/0314(COD)

Proposal for a regulation
Article 7 a (new)
Article 7a Transparency of Methodology 1. The administrator shall transparently develop, operate and administer the benchmark data and methodology. The administrator shall publish or make available, by means that ensure a fair and easy access: (i) the methodology used for each of the benchmark or family of benchmarks; (ii) the procedure for consulting on, and the rationale for, any proposed material change in its methodology and the rationale for such a change, including a definition of what constitutes a material change and when it will notify users of any changes. 2. Where such a publication would not be compatible with applicable intellectual property law, the methodology shall be made available to the relevant competent authority. 3. For non-critical benchmarks, the publication of the methodology and the procedure referred in points (i) and (ii) of paragraph 1 can be limited to persons who own financial instruments or are party to financial contracts referencing the benchmark or family of benchmarks, and the relevant competent authority.
2015/01/23
Committee: ECON
Amendment 425 #

2013/0314(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. An administrator shall publish the input data used to determine the benchmark immediately after publication of the benchmark except where publication would have serious adverse consequences for the contributors or adversely affect the reliabilitywithout the name of the contributors. Complete contribution orf integrity of the benchmark. In such cases publication may be delayed for a period that significantly diminishes these consequences. Any personal data included in input data shall not be published. put data, including the name of the contributors, shall be published within a 3-months delay, delay that can be extended by the administrator where publication would have serious adverse consequences for the contributors or adversely affect the reliability or integrity of the benchmark.
2013/12/20
Committee: ECON
Amendment 432 #

2013/0314(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a Supervision of critical benchmarks by ESMA 1. ESMA shall be empowered to supervise critical benchmarks. It may delegate some or all of the responsibility for supervision to Member State competent authorities when appropriate, but shall be empowered to revoke the delegation, in order to assume direct supervision, where it is deemed appropriate such as for reasons of resource, supervisory consistency, at the reasoned request of the Commission or a Member State or in situation in which a competent authority does not or is not able to comply with this regulation. 2. When deciding to delegate some or all of the responsibility for supervision concerning critical benchmarks to a Member State competent authority, the ESMA may take into account, amongst other things: (i) whether there is a high concentration of contributors that are located or supervised within the Member State concerned; (ii) whether the supervision in the Member State is IOSCO compliant; (iii) and, in respect of benchmarks compiled from regulated data, whether there is a need for provisions on mandatory contributions pursuant to Article 14. 3. When deciding to delegate the exercise of the delegation or to revoke the delegation, the ESMA may take into account the opinion of the relevant competent authorities. When deciding to delegate the supervision of a critical benchmark, the ESMA may provide guidance for the exercise of the delegation. 4. When the ESMA exercises direct supervision of a critical benchmark, it shall charge fees to the administrators. Those fees shall fully cover ESMA's necessary expenditure relating to the registration and supervision.
2015/01/23
Committee: ECON
Amendment 435 #

2013/0314(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. An administrator shall publish a procedure concerning the actions to be taken by the administrator in the event of changes to or the cessation of a benchmark. This procedure shall be included in the code of conduct issued by the administrator
2013/12/20
Committee: ECON
Amendment 444 #

2013/0314(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Where a supervised entity intends to enter into a financial contract with a consumer, that supervised entity shall first obtain the necessary information regarding the consumer’s, or the retail client’s or the potential retail client’s knowledge and experience with respect to the benchmark, his financial situation and his objectives in respect of that financial contract, and the benchmark statement published in accordance with Article 15 and shall assess whether referencing the financial contract to that benchmark is suitable for him.
2013/12/20
Committee: ECON
Amendment 446 #

2013/0314(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Where the supervised entity considers, on the basis of the assessment under paragraph 1, that the benchmark is not suitable for the consumer, the supervised entity shall warn the consumer or the retail client or the potential retail client, the entity shall warn the consumer or the retail client or the potential retail client in writing with reasons.
2013/12/20
Committee: ECON
Amendment 504 #

2013/0314(COD)

Proposal for a regulation
Article 24 a (new)
Article 24 a Direct supervision by ESMA 1. By derogation to article 23, the authorisation for the Euro Interbank Offered Rate (EURIBOR) shall be submitted by the administrator to the ESMA. 2. On its own initiative or following a reasoned request by a competent authority or the Commission, the ESMA may also withdraw or suspend the authorisation of an administrator of a critical benchmark, referred to in article 13. That power should be limited to exceptional circumstances in which a competent authority does not or is not able to comply with this regulation. 3. When the ESMA exercises direct supervision of a critical benchmark, it shall charge fees to the administrators. Those fees shall fully cover ESMA’s necessary expenditure relating to the registration and supervision.
2013/12/20
Committee: ECON
Amendment 506 #

2013/0314(COD)

Proposal for a regulation
Article 25
Article 25 Notification to ESMA of use of an index in a financial instrument 1. Whenever a competent authority becomes aware that an index is being used as a reference to a financial instrument, or that a request for admission to trading has been made to a trading venue supervised by that competent authority in respect of a financial instrument that references an index, that competent authority shall notify ESMA within 10 working days. 2. Within 10 working days of any notification ESMA shall notify the relevant administrator of the benchmark providing full details of its use and requesting the administrator to confirm that it consents to this use of the benchmark within 10 working days. 3. Without prejudice to Article 30 [MIFIR], where the administrator does not confirm to ESMA its consent within the time limit set out in paragraph 2, ESMA shall notify the relevant competent authority which shall request that the trading venue withdraw the listing of that financial instrument or refuse its admission to trading within 10 working days. 4. ESMA shall publish on its website a list of all notifications under paragraphs 1, 2 and 3. ESMA shall develop draft implementing technical standards to determine the procedures and forms for exchange of information referred to in paragraph 1 and 2. ESMA shall submit the draft implementing technical standards referred to in the first subparagraphs to the Commission by [XXXX]. Power is conferred to the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation 1095/2010.deleted
2013/12/20
Committee: ECON
Amendment 520 #

2013/0314(COD)

Proposal for a regulation
Article 25 a (new)
Article 25 a Initial use of an index as a benchmark Before an index is used by a supervised entity as a benchmark in the Union, the entity shall verify that the provider of the relevant index is referenced on the website of ESMA as an authorised or registered administrator in accordance with this Regulation. If this is not the case, the entity shall notify the provider of the relevant index providing full details of its intended use and requesting the provider of the index to confirm that it consents to the intended use of the index within 10 working days. In such circumstances, the index cannot be used by the entity as a benchmark in the Union without the prior consent of the provider of the index. In case of conflict, the national competent authority and ESMA shall be notified.
2013/12/20
Committee: ECON
Amendment 524 #

2013/0314(COD)

Proposal for a regulation
Article 27 a (new)
Article 27 a Cooperation between authorities 1. Competent authorities shall cooperate with each other and with ESMA, as well as EBA and EIOPA, where it is necessary for the purposes of this Regulation, unless one of the exceptions in paragraph 2 apply. In particular, they shall exchange information, without undue delay, and cooperate in investigation, supervision and enforcement activities. 2. A competent authority may refuse to act on a request for information or request to cooperate with an investigation in the following exceptional circumstances: (a) communication might adversely affect the security of the Member State addressed, in particular the fight against terrorism and other serious crimes; (b) complying would be likely to adversely affect its own investigation or enforcement activities or where applicable, a criminal investigation; (c) judicial proceedings have already been initiated in respect of the same actions and against the same persons before the authorities of the Member State addressed; or (d) a final judgment has already been delivered in relation to such persons for the same actions in the Member State addressed. 3. Competent authorities shall, on request, immediately supply any information required for the purpose referred to in paragraph 1. 4. Where a competent authority is convinced that acts contrary to the provisions of this Regulation are being, or have been, carried out on the territory of another Member State, it shall give notice of that fact in as specific a manner as possible to the competent authority of the other Member State and to ESMA.
2013/12/20
Committee: ECON
Amendment 525 #

2013/0314(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. The competent authority making the request referred to in paragraph 1 shall may inform ESMA thereof. In the event of an investigation or inspection with cross- border effect, the competent authorities may request ESMA to coordinate the on- site inspection or investigation.
2013/12/20
Committee: ECON
Amendment 558 #

2013/0314(COD)

Proposal for a regulation
Article 20 – paragraph 2 a (new)
2a. Decisions by the Commission determining third-country legal regimes as equivalent to the requirements resulting from this Regulation should be adopted only if the legal regime of the third country provides for an effective equivalent system for the recognition of administrators authorised under foreign legal regimes implemented.
2015/01/23
Committee: ECON
Amendment 628 #

2013/0314(COD)

Proposal for a regulation
Annex 1 – section 4 – point 1 – point c – indent 6 a (new)
- outsourcing
2013/12/20
Committee: ECON
Amendment 639 #

2013/0314(COD)

Proposal for a regulation
Annex 2 – point 4 – point a – indent 3
– other related markets overnight index swaps, repurchase agreements, foreign exchange forwards, interest rate futures and options and central bank operations. However, central bank operations are included in transactions data only insofar as they are conducted in the framework of monetary policy.
2013/12/20
Committee: ECON
Amendment 236 #

2013/0306(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘corporate debt’ means debt instruments issued by an undertakings which is effectively engaged in producing or trading inand/or financing the manufacturing, trading or providing of goods orand non- financial services to the market. For the purpose of this definition, it should be understood, that debt instrument such as trade receivables, auto loans and leases, equipment loans and leases, SME loans of such undertakings are eligible provided they otherwise comply with the conditions set out in this Regulation;
2015/01/12
Committee: ECON
Amendment 281 #

2013/0306(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d
(d) reverse repurchase agreements; nd repurchase agreements provided that the cash received is not reinvested and the aggregate exposure to repurchase agreements does not exceed 10% of the assets of a MMF; Or. en Justification
2015/01/12
Committee: ECON
Amendment 283 #

2013/0306(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
(da) units or shares of other MMFs;
2015/01/12
Committee: ECON
Amendment 293 #

2013/0306(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point d
(d) entering into securities lending agreements or securities borrowing agreements, and repurchase agreements, or any other agreement that would encumber the assets of the MMF;
2015/01/12
Committee: ECON
Amendment 303 #

2013/0306(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Standard MMFs shall be allowed to invest in a money market instrument that undergoes regular yield adjustments in line with money market conditions every 397 days or on a more frequent basis while not having a residual maturity excewith a residual maturity until the legal redemption date not exceeding 2 years provided that the time remaining until the next interest rate reset date is less or equal to 397 days. This feature corresponds either to a two-year floating rate security or to a two-year fixed rate security coupled with an interest rate hedging 2 years. arrangement that reset to a money market rate (or index). Or. en Justification
2015/01/12
Committee: ECON
Amendment 353 #

2013/0306(COD)

Proposal for a regulation
Article 13 – paragraph 5 a (new)
5 a. A MMF may borrow or enter into repurchase agreements, provided that all of the following conditions are met: (a) the repurchase agreement is used on a temporary basis, for a maximum of 7 business days, and not for investment purposes; (b) the sum of repurchase agreements shall not exceed 10%; (c) cash collateral received should only be: - placed on deposit with entities prescribed in Article 50(f) of the UCITS Directive; - invested in high-quality government bonds; - used for the purpose of reverse repo transactions provided the transactions are with credit institutions subject to prudential supervision and the UCITS is able to recall at any time the full amount of cash on accrued basis; - invested in short-term money market funds as defined in the Guidelines on a Common Definition of European Money Market Funds. Re-invested cash collateral shall be diversified in accordance with the diversification requirements applicable to non-cash collateral. The prospectus shall clearly inform investors of the collateral policy of the UCITS, including, in the case of cash collateral, re-investment policy (including the risks arising from the re-investment policy).
2015/01/12
Committee: ECON
Amendment 357 #

2013/0306(COD)

Proposal for a regulation
Article 13 a (new)
Article 13 a Eligible MMFs 1. A MMF may acquire the units of other MMFs provided that no more than 10 % of the assets of the MMF whose acquisition is contemplated, can, according to their fund rules or instruments of incorporation, be invested in aggregate in units of other MMFs; 2. A MMF may acquire the units of other MMFs, provided that no more than 10 % of its assets are invested in units of a single MMF. Member States may raise that limit to a maximum of 20 %. This restriction does not apply to non-UCITS MMFs marketed solely through employee savings schemes and to a specific category of investor that is subject to divestment restrictions. 3. Member States may, where a MMF has acquired units of another MMF, provide that the assets of the respective MMF are not required to be combined for the purposes of the diversification limits laid down in Articles 14, 21 and 22. 4. Where a MMF invests in the units of other MMF that are managed, directly or by delegation, by the same management company or by any other company with which the management company is linked by common management or control, or by a substantial direct or indirect holding, that management company or other company shall not charge subscription or redemption fees on account of the MMFs' investment in the units of such other MMF. 5. A MMF that invests a substantial proportion of its assets in other MMFs shall disclose in its prospectus the maximum level of the management fees that may be charged both to the MMF itself and to the other MMFs in which it intends to invest. It shall indicate in its annual report the maximum proportion of management fees charged both to the MMF itself and to the other MMFs in which it invests. 6. Short-term MMFs may only invest in units of other short-term MMFs and Standard MMFs may invest in units of both short-term MMFs and Standard MMFs; UCITS MMFs may only invest in units of other UCITS MMFs and AIF MMFs may invest in both UCITS and AIF MMFs. 7. A MMF that invests exclusively its assets in one or several other MMFs authorised under this Regulation is assumed to be in compliance with the provisions laid down in this Regulation.
2015/01/12
Committee: ECON
Amendment 362 #

2013/0306(COD)

Proposal for a regulation
Article 14 – paragraph 1 – introductory part
1. A MMF shall invest no more than 510% of its assets in any of the following:
2015/01/12
Committee: ECON
Amendment 378 #

2013/0306(COD)

Proposal for a regulation
Article 14 – paragraph 5 – introductory part
5. Notwithstanding the individual limits laid down in paragraphs 1 and 3, a MMF shall not combine, where this would lead to investment of more than 105% of its assets in a single body, any of the following:.
2015/01/12
Committee: ECON
Amendment 431 #

2013/0306(COD)

Proposal for a regulation
Article 21 – paragraph 1 – introductory part
A short-term MMF shall comply at all times with all of the following portfolio requirements:
2015/01/12
Committee: ECON
Amendment 439 #

2013/0306(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point d
(d) at least 20% of its assets shall be comprised of up to weekly maturing assets. A short-term MMF shall not acquire any asset other than a weekly maturing asset when such acquisition would result in the short-term MMF investing less than 20% of its portfolio in weekly maturing assets.
2015/01/12
Committee: ECON
Amendment 440 #

2013/0306(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point d a (new)
(da) investment in units of other short- term MMFs may be included in the daily or weekly maturing assets up to a maximum of 5%.
2015/01/12
Committee: ECON
Amendment 441 #

2013/0306(COD)

Proposal for a regulation
Article 21 – paragraph 1 a (new)
If the limits are temporarily not reached for reasons beyond the control of a MMF or as a result of the exercise of redemption rights, that MMF shall adopt as a priority objective for its acquiring transactions the remedying of that situation, taking due account of the interests of its unit-holders;
2015/01/12
Committee: ECON
Amendment 444 #

2013/0306(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. A standard MMF shall comply at all times with all of the following requirements:
2015/01/12
Committee: ECON
Amendment 445 #

2013/0306(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. A standard MMF shall comply at all times with all of the following requirements:
2015/01/12
Committee: ECON
Amendment 446 #

2013/0306(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point a
(a) its portfolio shall have at all times a WAM of no more than 6 months;
2015/01/12
Committee: ECON
Amendment 447 #

2013/0306(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point b
(b) its portfolio shall have at all times a WAL of no more than 12 month;
2015/01/12
Committee: ECON
Amendment 456 #

2013/0306(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) at least 2015% of its assets shall be comprised of up to weekly maturing assets. A standard MMF shall not acquire any asset other than a weekly maturing asset when such acquisition would result in the standard MMF investing less than 2015% of its portfolio in weekly maturing assets.
2015/01/12
Committee: ECON
Amendment 457 #

2013/0306(COD)

Proposal for a regulation
Article 22 – paragraph 1 a (new)
1 a. If the limits are temporarily not reached for reasons beyond the control of a MMF or as a result of the exercise of redemption rights, that MMF shall adopt as a priority objective for its acquiring transactions the remedying of that situation, taking due account of the interests of its unit-holders.
2015/01/12
Committee: ECON
Amendment 459 #

2013/0306(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. A standard MMF may invest up to 10% of its assets in money market instruments issued by a single body.deleted
2015/01/12
Committee: ECON
Amendment 504 #

2013/0306(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. In addition, in the case of CNAV MMFs, the stress tests shall estimate for different scenarios the difference between the constant NAV per unit or share and the NAV per unit or share, including the impact of the difference on the NAV buffer.
2015/01/09
Committee: ECON
Amendment 521 #

2013/0306(COD)

Proposal for a regulation
Article 26 – paragraph 5
5. In addition to the marking to market method referred to in paragraphs 2 and 3 and marking to model method referred to in paragraph 4, the assets of a CNAV MMF may also be valued by using the amortised cost method.deleted
2015/01/09
Committee: ECON
Amendment 530 #

2013/0306(COD)

Proposal for a regulation
Article 27 – title
Calculation of NAV per unit or share
2015/01/09
Committee: ECON
Amendment 531 #

2013/0306(COD)

Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
1. The Net Asset Value (NAV) per unit or share’ shall be calculated as the difference between the sum of all assets of a MMF and the sum of all liabilities of the MMF valued in accordance with the mark to market and mark to model methods, divided by the number of outstanding units or shares of the MMF.
2015/01/09
Committee: ECON
Amendment 532 #

2013/0306(COD)

Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2
The NAV per unit or share shall be calculated for each MMF, irrespective of whether it is a CNAV MMF or not.deleted
2015/01/09
Committee: ECON
Amendment 534 #

2013/0306(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. The NAV per unit or share shall be rounded to the nearest basis point or its equivalent when the NAV is published in a currency unitof a MMF shall be calculated at least daily.
2015/01/09
Committee: ECON
Amendment 535 #

2013/0306(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The NAV per unit or share of a MMF shall be calculated at least daily.deleted
2015/01/09
Committee: ECON
Amendment 536 #

2013/0306(COD)

Proposal for a regulation
Article 27 – paragraph 4
4. The ‘constant NAV per unit or share’ shall be calculated as the difference between the sum of all assets of a CNAV MMF and the sum of all liabilities of a CNAV MMF valued in accordance with the amortised cost method, divided by the number of outstanding units or shares of the CNAV MMF.deleted
2015/01/09
Committee: ECON
Amendment 544 #

2013/0306(COD)

Proposal for a regulation
Article 27 – paragraph 6
6. The difference between the constant NAV per unit or share and NAV per unit or share of a CNAV MMF shall be continuously monitordeleted.
2015/01/09
Committee: ECON
Amendment 551 #

2013/0306(COD)

Proposal for a regulation
Article 27 a (new)
Article 27 a Calculation of NAV per share or unit 1. The 'Net Asset Value (NAV) per unit or share' shall be calculated as the NAV divided by the number of outstanding units or shares of the MMF. The NAV per unit or share shall be calculated for each MMF 2. The NAV per unit or share shall be rounded to the nearest basis point or its equivalent when the NAV is published in a currency unit. 3. The NAV per unit or share of a MMF shall be calculated at least daily.
2015/01/09
Committee: ECON
Amendment 552 #

2013/0306(COD)

Proposal for a regulation
Article 27 b (new)
Article 27 b Calculation of adjusted number of units or shares 1. Notwithstanding article 27a, CNAV MMFs are allowed to display a constant NAV per unit or share, provided the number of outstanding investor units or shares is adjusted in line with the development of the NAV after each calculation. 2. Any decrease of the NAV calculated in accordance with article 27 should be reflected by a proportional decrease of the number of units or shares in each investor's portfolio. Adjustments of the number of units or shares shall apply on the same day than the calculation of the NAV. 3. A decrease of an investor's number of shares shall mean the redemption of units or shares for the benefit of the MMF. 4. The number of units or shares in an investor's portfolio shall be rounded to the nearest basis point. Or. en Justification
2015/01/09
Committee: ECON
Amendment 555 #

2013/0306(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. By way of derogation from paragraph 1, the units or shares of a CNAV MMF shall be issued or redeemed at a price that is equal to the MMF's constant NAV per unit or share provided the number of outstanding investor units or shares is adjusted as described in article 27b.
2015/01/09
Committee: ECON
Amendment 562 #

2013/0306(COD)

Proposal for a regulation
Article 29 – title
AdditionalSpecific requirements for CNAV MMFs
2015/01/09
Committee: ECON
Amendment 564 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. A MMF shall not use the amortised cost method for valuation, or advertise a constant NAV per unit or share, or round the constant NAV per unit or share to the nearest percentage point or its equivalent when the NAV is published in a currency unit unless it has been explicitly authorised as a CNAV MMF.deleted
2015/01/09
Committee: ECON
Amendment 573 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 2 – introductory part
2. A CNAV MMF shall satisfy all the following additionalspecific requirements:
2015/01/09
Committee: ECON
Amendment 576 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point a
(a) it has established a NAV buffer in accordance with the requirements in Article 30;CNAV MMFs shall fulfil disclosure requirements towards investors including key investor information, prospectus and marketing materials explaining in a clear, concise and understandable way the functioning of the product.
2015/01/09
Committee: ECON
Amendment 583 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point b
(b) the competent authority of the CNAV MMF is satisfied with a detailed plan by the CNAV MMF specifying the modalities of the use of the buffer in accordance with Article 31;CNAV MMFs shall communicate to each investor the number of outstanding units or shares held and the corresponding monetary amount on a daily basis.
2015/01/09
Committee: ECON
Amendment 588 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point c
(c) the competent authority of the CNAV MMF is satisfied with the CNAV MMF's arrangements to replenish the buffer and with the financial strength of the entity expected to fund the replenishmentCNAV MMFs may only take the form of Short Term MMFs;
2015/01/09
Committee: ECON
Amendment 591 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point d
(d) tThe rules or instruments of incorporation of the CNAV MMF provide clear procedures for the conversion of the CNAV MMF into a MMF that is not allowed to use the amortised cost accounting or the rounding methods;s should state clearly that the CNAV MMF cannot receive external support.
2015/01/09
Committee: ECON
Amendment 592 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point f
(f) the CNAV MMF has established clear and effective communication tools towards investors that ensure prompt information in relation to any use or replenishment of the NAV buffer and the conversion of the CNAV MMF;deleted
2015/01/09
Committee: ECON
Amendment 598 #

2013/0306(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point g
(g) the rules or instruments of incorporation of the CNAV MMF state clearly that the CNAV MMF cannot receive external support other than through the NAV buffer.deleted
2015/01/09
Committee: ECON
Amendment 611 #

2013/0306(COD)

Proposal for a regulation
Article 30
[...]deleted
2015/01/09
Committee: ECON
Amendment 635 #

2013/0306(COD)

Proposal for a regulation
Article 30 a (new)
Article 30 a Variable Shares In order for variable shares to comply with this Regulation, all investors to whom variable shares apply must be made aware that: (a) the number of shares they hold and the total monetary value of their holdings may fluctuate; (b) the total value of their holding will decrease if a number of shares are redeemed or cancelled for the benefit of the MMF; (c) variable shares may result in losses to the investors at the time of redemption.
2015/01/09
Committee: ECON
Amendment 639 #

2013/0306(COD)

Proposal for a regulation
Article 31
1. The NAV buffer shall only be used in case of subscriptions and redemptions to equalise the difference between the constant NAV per unit or share and the NAV per unit or share. 2. For the purposes of paragraph 1, in case of subscriptions: (a) where the constant NAV at which a unit or share is subscribed is higher than the NAV per unit or share, the positive difference shall be credited to the reserve account; (b) where the constant NAV at which a unit or share is subscribed is lower than the NAV, the negative difference shall be debited from the reserve account. 3. For the purposes of paragraph 1, in case of redemptions: (a) where the constant NAV at which a unit or share is redeemed is higher than the NAV per unit or share, the negative difference shall be debited from the reserve account; (b) where the constant NAV at which a unit or share is redeemed is lower than the NAV per unit or share, the positive difference shall be credited to the reserve account.Article 31 deleted Use of the NAV buffer
2015/01/09
Committee: ECON
Amendment 643 #

2013/0306(COD)

Proposal for a regulation
Article 32
1. A CNAV MMF shall establish and implement an escalation procedure that ensures that the negative difference between the constant NAV per unit or share and the NAV per unit or share is considered by persons competent to act for the fund in a timely manner. 2. The escalation procedure shall require that: (a) where the negative difference reaches 10 basis points or its equivalent when the NAV is published in a currency unit, the senior management of the manager of the CNAV MMF be informed; (b) where the negative difference reaches 15 basis points or its equivalent when the NAV is published in a currency unit, the board of directors of the manager of the CNAV MMF, the competent authorities of the CNAV MMF and ESMA be informed; (c) the competent persons assess the cause of the negative difference and take appropriate action to reduce the negative effects.Article 32 deleted Escalation procedure
2015/01/09
Committee: ECON
Amendment 655 #

2013/0306(COD)

Proposal for a regulation
Article 33
1. Whenever the amount of the NAV buffer falls below 3% it shall be replenished. 2. When the NAV buffer has not been replenished and for one month the amount of the NAV buffer stays below the 3% referred to in Article 30(1) by 10 basis points the MMF shall automatically cease to be a CNAV MMF and be prohibited from using the amortised cost or rounding methods. The CNAV MMF shall inform immediately each investor thereof in writing and in a clear and comprehensible way.Article 33 deleted Replenishment of the NAV buffer
2015/01/09
Committee: ECON
Amendment 667 #

2013/0306(COD)

Proposal for a regulation
Article 34
1. The competent authority of the CNAV MMF shall be immediately notified of any decrease below 3% in the amount of the NAV buffer. 2. The competent authority of the CNAV MMF and ESMA shall be immediately notified when the amount of the NAV buffer decreases by 10 basis points below the 3% referred to in Article 30(1). 3. Following the notification referred to in paragraph 1, the competent authority shall closely monitor the CNAV MMF. 4. Following the notification in paragraph 2, the competent authority shall control that the NAV buffer has been replenished or the MMF has ceased to hold itself as a CNAV MMF and informed accordingly its investors.Article 34 deleted Powers of the competent authority concerning the NAV buffer
2015/01/09
Committee: ECON
Amendment 726 #

2013/0306(COD)

Proposal for a regulation
Article 37 – paragraph 5
5. In addition to the information to be provided in accordance with paragraphs 1 to 4, a CNAV MMF shall explain clearly to investors and potential investors the use of the amortised cost method and/or of rounding. A CNAV MMF shall indicate the amount of its NAV buffer, the procedure to equalise the constant NAV per unit or share and the NAV per unit or share and shall state clearly the role of the buffer and the risks related to it. The CNAV MMF shall clearly indicate the modalities of replenishing the NAV buffer and the entity expected to fund the replenishment. It shall make available to investors all information concerning compliance with the conditions set out in Article 29(2)(a) to (g)valuation method and the procedure to adjust the number of units or shares in line with the fluctuations of the NAV.
2015/01/09
Committee: ECON
Amendment 735 #

2013/0306(COD)

Proposal for a regulation
Article 38 – paragraph 1
1. For each MMF managed, the manager of the MMF shall report information to the competent authority of the MMF, at least on a quartermonthly basis. The manager shall upon request provide the information also to the competent authority of the manager if different from the competent authority of the MMF.
2015/01/09
Committee: ECON
Amendment 738 #

2013/0306(COD)

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 – point c
(c) the size and the evolution of the NAV buffer;deleted
2015/01/09
Committee: ECON
Amendment 758 #

2013/0306(COD)

Proposal for a regulation
Article 43 – paragraph 1
1. Within the sixeighteen months following the date of entry into force of this Regulation, an existing UCITS or AIF that invests in short term assets and has as distinct or cumulative objectives offering returns in line with money market rates or preserving the value of the investment shall submit an application to its competent authority together with all documents and evidence necessary to demonstrate the compliance with this Regulation.
2015/01/09
Committee: ECON
Amendment 768 #

2013/0306(COD)

Proposal for a regulation
Article 43 – paragraph 3
3. By way of derogation from the first sentence of Article 30(1), an existing UCITS or AIF that meets the criteria for the definition of a CNAV MMF set out in Article 2(10) shall establish a NAV buffer of at least (a) 1% of the total value of the CNAV MMF's assets, within one year from the entry into force of this Regulation; (b) 2% of the total value of the CNAV MMF's assets, within two years from the entry into force of this Regulation; (c) 3% of the total value of the CNAV MMF's assets, within three years from the date of entry into force of this Regulationdeleted
2015/01/09
Committee: ECON
Amendment 793 #

2013/0306(COD)

Proposal for a regulation
Article 45 – paragraph 1 – introductory part
By three years after the entry into force of this Regulation, the Commission shall review the adequacy of this Regulation from a prudential and economic point of view. In particular the review shall consider the operation of the CNAV buffer and the operation of the CNAV buffer to those CNAV MMFs that, in future, might concentrate their portfolios on debt issued or guaranteed by the Member States. The review shall:
2015/01/09
Committee: ECON
Amendment 799 #

2013/0306(COD)

Proposal for a regulation
Article 45 – paragraph 1 – point e a (new)
(ea) Analyse the impact on the real economy and financial stability of the changes required by this Regulation.
2015/01/09
Committee: ECON
Amendment 57 #

2013/0265(COD)

Proposal for a regulation
Recital 18
(18) In order to facilitate cross border acquiring all (cross-border and domestic) ‘consumer’ debit card transactions by card and card based payment transaction should have a maximum interchange fee of 0,20% and all (cross-border and domestic) consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0.30%.
2014/01/28
Committee: ECON
Amendment 118 #

2013/0265(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) ‘debit card transaction by card’ means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hoursmmediately after the transaction has been authorised/initiatcleared.
2014/01/28
Committee: ECON
Amendment 125 #

2013/0265(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘credit card transaction by card’ means an card payment transaction where the transaction is settled more than 48 hours after the transactioin full by the end of a specified period, or settled in part, with the balance taken has been authorised/initiatedextended credit;
2014/01/28
Committee: ECON
Amendment 135 #

2013/0265(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) 'cross-border payment transaction' means a card payment or card-based payment transaction initiated by a payer or by a payee where the payer's payment service provider andor the payee's payment service provider areoint of sale is established in a different Member States than the payee's payment service provider or where the payment card is issued by an issuing payment service provider established in a different Member State than that of the point of sale;
2014/01/28
Committee: ECON
Amendment 157 #

2013/0265(COD)

Proposal for a regulation
Article 3 – title
Interchange fees for cross-border consumer debit or credit card transactions by card
2014/01/28
Committee: ECON
Amendment 169 #

2013/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border debit card transactions by card a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % of the value of the transaction.
2014/01/28
Committee: ECON
Amendment 183 #

2013/0265(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border credit card transactions by card a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3 % of the value of the transaction.
2014/01/28
Committee: ECON
Amendment 192 #

2013/0265(COD)

Proposal for a regulation
Article 4 – title
Interchange fees for all consumer debit or credit card transactions by card
2014/01/28
Committee: ECON
Amendment 207 #

2013/0265(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % of the value of thedebit transaction for any debit card based transactions.
2014/01/28
Committee: ECON
Amendment 224 #

2013/0265(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3 % of the value of the credit transaction for any credit card based transactions.
2014/01/28
Committee: ECON
Amendment 239 #

2013/0265(COD)

Proposal for a regulation
Article 6 – paragraph 4 a (new)
4a. Any restriction on the provision of payment-related services in payment card schemes rules shall be prohibited, unless it is non-discriminatory and objectively necessary to operate the payment scheme.
2014/01/28
Committee: ECON
Amendment 244 #

2013/0265(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Payment card schemes and issuers shall allow for the possibility that authorisation and clearing messages of single card transactions be separated and processed by different processing entities. Any scheme rules and rules in licensing agreements or other contracts leading to a restriction on the freedom to choose a processor shall be prohibited.
2014/01/28
Committee: ECON
Amendment 307 #

2013/0265(COD)

Proposal for a regulation
Article 16 – paragraph 1
Four years aftBy ... 1 and every the entry into force of this Regulation, the Commission shall present to the European Parliament and to the Councilree years thereafter, the Commission shall publish a report on the application of this Regulation. The Commission's report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges, taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market. The report shall also assess whether it would be appropriate to make mandatory the co-badging and choice of application referred to in article 8. The assessment should in particular consider: a) the level of competition among payment card providers and schemes, b) the effects on costs for the payer and the payee, c) the technical requirements and its implications for all the parties involved, d) the effects of co-badging on user- friendliness, notably for the elderly and the most vulnerable users. The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council __________________ 1 Four years after the entry into force of this Regulation
2014/01/28
Committee: ECON
Amendment 151 #

2013/0264(COD)

Proposal for a directive
Recital 14
(14) Similarly, Directive 2007/64/EC exempted from its scope payment services offered by deployers of automated teller machines (hereinafter ‘ATMs’) independent from banks or other payment service providers. Originally devised as incentive to install stand-alone ATMs in remote and poorly populaThe exemption has created legal uncertainty and a fragmented mareas by allowing them to charge extra fees on top of fees paid to the payment service providers that issued the card, the provision was not intended to be used by ATM providers with networks comprising hundreds or even thousands of ATMs, covering one or more Member States. It leads to non-appket leading to substantial differences among Member States, with direct regulation in some markets and no regulation in others. Consequently, the exemption should be deleted in order to facilictation of that Directive to a growing part of the ATM market, with negative effects on the consumer protection. It also incentivises the existing ATM providers to redesign their business model and cancel the usual contractual relation with the payment service providers in order to charge higher fees directly on the consumers. Consequently, the exemption should be deletede the emergence of an internal market for independent ATM deployers, ensure secure and easy access to cash, promote innovation of ATM services and greater financial inclusion.
2014/01/28
Committee: ECON
Amendment 185 #

2013/0264(COD)

Proposal for a directive
Recital 51
(51) It is necessary to set up the criteria under which TPPs are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider. In particular, necessary data protection and security requirements set or referred to in this Directive or included in the EBA guidelineimplementing technical standards should be fulfilled by both the TPP and the payment service provider servicing the account of the payment service user. The payers should give an explicit consent to the TPP to access their payment account and be properly informed about the extent of this access. To allow the development of other payment services providers which cannot receive deposits, it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument.
2014/01/28
Committee: ECON
Amendment 201 #

2013/0264(COD)

Proposal for a directive
Recital 63 a (new)
(63a) Charging in the ATM industry (hereinafter ‘direct charging’) however is inherently different from surcharging in a point of sale context. Direct charging at an ATM is the means by which an independent ATM deployer is remunerated by cardholders for the convenience of withdrawing cash from a machine that is not provided by their own bank.
2014/01/28
Committee: ECON
Amendment 212 #

2013/0264(COD)

Proposal for a directive
Recital 80
(80) In order to ensure consistent application of this Directive, the Commission should be able to rely on the expertise and support of EBA, which should have the task to elaborate guidelines and prepare regulatoryprepare implementing technical standards on security aspects regarding payment services, and on the cooperation between Member States in the context of the provision of services and establishment of authorised payment institutions in other Member States. The Commission should be empowered to adopt those regulatory technical standards. These specific tasks are fully in line with the role and responsibilities of EBA defined in Regulation (EU) No 1093/2010, under which the EBA has been set up.
2014/01/28
Committee: ECON
Amendment 277 #

2013/0264(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 38 a (new)
38a. ‘independent ATM deployer’ means a payment service provider which is not a party to the framework contract and which enables cash withdrawals and other payment services to the payer by means of automated teller machines;
2014/01/28
Committee: ECON
Amendment 278 #

2013/0264(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 38 b (new)
38b. ‘automated teller machine’ or ‘ATM’ means an electronic telecommunications device that enables a payer to withdraw cash and perform other payment transactions without the need for a cashier;
2014/01/28
Committee: ECON
Amendment 279 #

2013/0264(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 38 c (new)
38c. ‘ATM interchange fee’ means a fee paid by the payment service provider where the payer holds a payment account or prepaid funds to remunerate the services that an ATM deployer provides to the account holder of owner of prepaid funds, such as cash withdrawals in any currency.
2014/01/28
Committee: ECON
Amendment 282 #

2013/0264(COD)

Proposal for a directive
Article 5 – paragraph 3
The security control and mitigation measures referred to in point (j) shall indicate how they ensure a high level of technical security, including for the software and IT systems used by the applicant or the undertakings it sub- contracts to for the whole or part of its operations. Those measures shall also include the security measures laid down in Article 86(1). Those measures shall take into account the guidelinecomply with the implementing technical standards on security measures of the European Banking Authority (EBA) referred to in Article 86(2) when in place.
2014/01/28
Committee: ECON
Amendment 348 #

2013/0264(COD)

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1
Where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at an ATM, the point of sale or by the payee, the party offering the currency conversion service to the payer shall disclose to the payer all charges as well as the exchange rate to be used for converting the payment transaction.
2014/01/28
Committee: ECON
Amendment 379 #

2013/0264(COD)

Proposal for a directive
Article 55 – paragraph 4 a (new)
4a. No charge may directly or indirectly be imposed on the payer by the payment service provider where he/she holds the relevant payment account for cash withdrawals at ATMs operated by independent ATM deployers which use direct charging as a remuneration model
2014/01/20
Committee: ECON
Amendment 506 #

2013/0264(COD)

Proposal for a directive
Article 68 a (new)
Article 68a Access to and use of payment services provided by independent ATM deployers 1. Member States shall ensure that a payer has the right to make use of an independent ATM deployer to obtain payment services as referred to in point (2) of Annex I. Member States shall not impose restrictions on the locations or types of premises where independent ATM deployers can provide their services provided they comply with the relevant security requirements under the present Directive. 2. Independent ATM deployers shall be free to choose direct charging, ATM interchange fee or any other mechanism to remunerate their services. Payment systems and payment service providers shall not prevent independent ATM deployers from choosing their remuneration model. Direct charges shall comply with the transparency requirements referred to in Articles 52 and 53 and with Article 55 (5). ATM interchange fees shall be based on EU-wide, transparent, reasonable standard principles developed and annually updated by a competent authority designated by the Member States. 3. Where an independent ATM deployer has been authorised by the payer to provide payment services under paragraph 1, it shall have the following obligations: (a) to ensure that the personalised security features of the payer are not accessible to other parties; (b) not to store sensitive payment data or personalised security credentials of the payer.
2014/01/20
Committee: ECON
Amendment 551 #

2013/0264(COD)

Proposal for a directive
Article 86 – paragraph 2
2. Without prejudice to Articles 14 and 15 of Directive [NIS Directive] [OP please insert number of Directive once adopted], EBA shall, in close cooperation with the ECB, develop guidelineimplementing technical standards with regard to the establishment, implementation and monitoring of the security measures, including certification processes when relevant. It shall, inter alia, take into account the standards and/or specifications published by the Commission under Article 16(2) of Directive [NIS Directive] [OP please insert number of Directive once adopted].
2014/01/20
Committee: ECON
Amendment 552 #

2013/0264(COD)

Proposal for a directive
Article 86 – paragraph 3
3. EBA shall, in close cooperation with the ECB, review the guidelines on a regularly basis, but at least every two yearimplementing technical standards on a regularly basis.
2014/01/20
Committee: ECON
Amendment 553 #

2013/0264(COD)

Proposal for a directive
Article 86 – paragraph 4
4. Without prejudice to Articles 14 and 15 of Directive [NIS Directive] [OP please insert number of Directive once adopted], EBA shall issue guidelinedevelop implementing technical standards to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident. Those guidelinestandards shall be issued by (insert date - two years of the date of entry into forceefore the final date of transposition of this Ddirective).
2014/01/20
Committee: ECON
Amendment 557 #

2013/0264(COD)

Proposal for a directive
Article 87 – paragraph 1
1. Member States shall ensure that a payment service provider or a third party payment service provider applies strong customer authentication when the payer initiates an electronic payment transaction unless EBA guidelineimplementing technical standards allow specific exemptions based on the risk involved in the provided payment service. This also applies to a third party payment service provider when initiating a payment transaction on behalf of the payer. The account servicing payment service provider shall allow the third party payment service provider to rely on the authentication methods of the former when acting on behalf of the payment service user.
2014/01/20
Committee: ECON
Amendment 564 #

2013/0264(COD)

Proposal for a directive
Article 87 – paragraph 3
3. EBA shall, in close cooperation with the ECB, issue guidelinedevelop implementing technical standards addressed to payment service providers as set out in Article 1(1) of this Directive in accordance with Article 16 of Regulation (EU) No 1093/2010 on state of the art customer authentication and any exemption to the use of strong customer authentication. Those guidelines shall be issued by (insert date - two years from the date of entry into forcestandards shall enter into force before the final date of transposition of this Directive) and be updated on a regular basis as appropriate.
2014/01/20
Committee: ECON
Amendment 212 #

2013/0253(COD)

Proposal for a regulation
Recital 62
(62) Where participating Member States have already established national resolution financing arrangements, they should be able to provide that the national resolution financing arrangements use their available financial means, collected from institutions in the past by way of ex- ante contributions, to compensate institutions for the ex-ante contributions which those institutions should pay into the Fund. Such restitution should be without prejudice to the obligations of Member States under Directive 94/18/EC of the European Parliament and of the Council18. __________________ 18 Directive 94/18/EC of the European Parliament and of the Council of 30 May 1994 amending Directive 80/390/EEC coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock-exchange listing, with regard to the obligation to publish listing particulars. OJ L 135, 31.5.1994, p. 1.deleted
2013/10/22
Committee: ECON
Amendment 225 #

2013/0253(COD)

Proposal for a regulation
Recital 71 a (new)
(71a) With the view of breaking the link between sovereign debt and banks and ensuring the efficiency and the credibility of the Single Resolution Mechanism, especially as long as the Single Resolution Fund has not reached full funding levels, it is essential to establish a common community loan facility (fiscal backstop) for the participating Member States. Any loan from that loan facility should be reimbursed by the Single Resolution Fund within an agreed timeframe.
2013/10/22
Committee: ECON
Amendment 294 #

2013/0253(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
(ca) the interest of the group as a whole in full respect of its business model;
2013/10/22
Committee: ECON
Amendment 558 #

2013/0253(COD)

Proposal for a regulation
Article 16 – paragraph 6
6. Having regard to the urgency of the circumstances in the case, the Commission shall decide, on its own initiative or taking into account, if any, the communication referred to in paragraph 1 or the recommendation of the Board referred to in paragraph 5, whether or not to place the entity under resolution, and on the framework of the resolution tools that shall be applied in respect of the entity concerned and of the use of the Fund to support the resolution action. The Commission, on its own initiative, may decide to place an entity under resolution if all the conditions referred to in paragraph 2 are met. Except in duly justified cases of emergency, the Board shall have at least five working days to consider the amendments proposed by the Commission.
2013/10/22
Committee: ECON
Amendment 738 #

2013/0253(COD)

Proposal for a regulation
Article 32 – paragraph 4
4. The Board shall be able to obtain on a continuous basis any information on capital, liquidity, assets and liabilities concerning any institution subject to its resolution powers which are material for resolution purposes.
2013/10/22
Committee: ECON
Amendment 746 #

2013/0253(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where authorisation as referred to in paragraph 1 is applied for, the national judicial authority shall, promptly and without delay, control that the decision of the Board is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the inspection. In its control of the proportionality of the coercive measures, the national judicial authority may ask the Board for detailed explanations, in particular relating to the grounds the Board has for suspecting that an infringement of the acts referred to in Article 26 has taken place and the seriousness of the suspected infringement and the nature of the involvement of the person subject to the coercive measures. However, the national judicial authority shall not review the necessity for the inspection or demand to be provided with the information on the Board's file. The lawfulness of the Board's decision shall be subject to review only by the Court of Justice of the European Union.
2013/10/22
Committee: ECON
Amendment 777 #

2013/0253(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point d a (new)
(da) a member appointed by the European Parliament;
2013/10/22
Committee: ECON
Amendment 778 #

2013/0253(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point d b (new)
(db) a non-voting member appointed by the ESM;
2013/10/22
Committee: ECON
Amendment 785 #

2013/0253(COD)

Proposal for a regulation
Article 39 – paragraph 1 a (new)
1a. The members appointed by the ECB and the European Parliament shall each have a high level of relevant expertise and knowledge, for example by virtue of their academic background in the financial sector. They shall act independently from the institutions that appointed them and shall not be considered liable for the institutions that appointed them. The term of office shall be five years and not renewable.
2013/10/22
Committee: ECON
Amendment 791 #

2013/0253(COD)

Proposal for a regulation
Article 41 – paragraph 2
2. The Board shall submit each year a report to the European Parliament, the Council, the Eurogroup, the Commission and the European Court of Auditors on the execution of the tasks conferred upon it by this Regulation.
2013/10/22
Committee: ECON
Amendment 792 #

2013/0253(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. The Executive Director shall present that report in public to the European Parliament, and to the CouncilEurogroup in the presence of representatives from the participating Member States whose currency is not the euro.
2013/10/22
Committee: ECON
Amendment 795 #

2013/0253(COD)

Proposal for a regulation
Article 41 – paragraph 5
5. The Executive Director may, at the request of the CouncilEurogroup, be heard on the execution of its resolution tasks by the CouncilEurogroup and representatives from the participating Member States whose currency is not the euro.
2013/10/22
Committee: ECON
Amendment 798 #

2013/0253(COD)

Proposal for a regulation
Article 41 – paragraph 6
6. The Board shall reply orally or in writing to questions addressed to it by the European Parliament or by the Council, according to its own procedures, in the presence ofEurogroup and representatives from any participating Member States whose currency is not the Euro according to its own procedures.
2013/10/22
Committee: ECON
Amendment 807 #

2013/0253(COD)

Proposal for a regulation
Article 46 – paragraph 1 – point a
(a) adopt, by 30 November of each year, the Board's annual work programme for the coming year in accordance with Article 49(1), based on a draft put forward by the Executive Director and shall transmit it for information to the European Parliament, the CouncilEurogroup and representatives from the participating Member States whose currency is not the euro, the Commission, and the European Central Bank;
2013/10/22
Committee: ECON
Amendment 875 #

2013/0253(COD)

Proposal for a regulation
Part 3 – title 4 a (new)
Advisory committees
2013/10/22
Committee: ECON
Amendment 876 #

2013/0253(COD)

Proposal for a regulation
Article 53 a (new)
Article 53 a The Board may establish committees to provide the SRM with advice and guidance on various policies such as systemic resolution and investments. The Board may decide to call on the expertise of the Advisory Scientific Committee of the ESRB.
2013/10/22
Committee: ECON
Amendment 890 #

2013/0253(COD)

Proposal for a regulation
Article 60 – paragraph 3
3. By 31 March of each year the Board, in its executive session, shall transmit to the European Parliament, the CouncilEurogroup and representatives from the participating Member States whose currency is not the euro , the Commission, and the Court of Auditors accounts of the Board's provisional accounts for the preceding financial year.
2013/10/22
Committee: ECON
Amendment 891 #

2013/0253(COD)

Proposal for a regulation
Article 60 – paragraph 5
5. The Executive Director shall, by 1 July following each financial year, shall send the final accounts to the European Parliament, the CouncilEurogroup and representatives from the participating Member States whose currency is not the euro, the Commission, and the Court of Auditors.
2013/10/22
Committee: ECON
Amendment 934 #

2013/0253(COD)

Proposal for a regulation
Article 65 – paragraph 4
4. If, after the initial period of time referred to in paragraph 1, the available financial means diminish below the target level specified in paragraph 1, contributions calculated in accordance with Article 66 shall be raised until the target level is reached. Where the available financial means amount to less than half of the target level, the annual contributions shall not be less than one fourth of the target level except in the case where such contributions could create a risk to the financial stability of the contributors.
2013/10/22
Committee: ECON
Amendment 954 #

2013/0253(COD)

Proposal for a regulation
Article 66 – paragraph 2 a (new)
2a. The individual contributions of each institution referred to in paragraph 1 are definitive and can under no circumstances be reimbursed (retroactively) .
2013/10/22
Committee: ECON
Amendment 955 #

2013/0253(COD)

Proposal for a regulation
Article 66 – paragraph 2 b (new)
2b. Where participating Member States have already established national resolution financing arrangements, they shall be able to provide that the national resolution financing arrangements use their available financial means, collected from institutions in the past by way of ex- ante contributions, to compensate institutions for the ex-ante contributions which those institutions may be required to pay into the Fund. Such restitution shall be without prejudice to the obligations of Member States under Directive 94/18/EC of the European Parliament and of the Council 18. __________________ 18 Directive 94/18/EC of the European Parliament and of the Council of 30 May 1994 amending Directive 80/390/EEC coordinating the requirements for the drawing up, scrutiny and distribution of the listing particulars to be published for the admission of securities to official stock-exchange listing, with regard to the obligation to publish listing particulars. OJ L 135, 31.5.1994, p. 1.
2013/10/22
Committee: ECON
Amendment 976 #

2013/0253(COD)

Proposal for a regulation
Article 70 – paragraph 3
3. The Board shall invest the amounts held in the Fund in obligations of the participating Member States or intergovernmental organisations, or in highly liquid assets of high credit worthiness. Investments should be sufficiently sectorally and geographically diversified. The return on those investments shall benefit the Fund.
2013/10/22
Committee: ECON
Amendment 1018 #

2013/0253(COD)

Proposal for a regulation
Article 78 – paragraph 4
4. The Board shall compensate a national resolution authority of a participating Member State for the damages to which it has been condemned by a national court, or which it has, in agreement with the Board, committed to pay in accordance with an amicable settlement, which are the consequences of an act or omission committed by that national resolution authority in the course of any resolution under this Regulation, unless that act or omission constituted a violation of Union law, this Regulation, a Decision of the Commission or a Decision of the Board, or constituted a manifest and serious error of judgement.
2013/10/22
Committee: ECON
Amendment 1029 #

2013/0253(COD)

Proposal for a regulation
Article 83 – paragraph 1 – point a
(a) the functioning of the SRM and the impact of the its resolution activities on the interests of the Union as a whole and on the coherence and integrity of the internal market in financial services, including its possible impact on the structures of the national banking systems within the Union, and regarding the effectiveness of cooperation and information sharing arrangements within the SRM, between the SRM and the SSM, and between the SRM and national resolution authorities and national competent authorities of non- participating Member States; . The following dimensions shall in particular be subject to a close assessment: - whether a Treaty change is necessary to achieve the primary objectives of maintaining stability and public confidence in the financial system; - whether the cooperation between the SRM and the SSM, EBA, ESMA, EIOPA and the European Systemic Risk Board (ESRB), and the other authorities which form part of the ESFS is appropriate; - whether the investment portfolio in accordance with article 70 of this regulation is made of sound and diversified assets; - whether the link between sovereign debt and banking risk has been solved; - whether the accountability mechanism is appropriate; - whether the voting modalities are appropriate.
2013/10/22
Committee: ECON
Amendment 1043 #

2013/0253(COD)

Proposal for a regulation
Article 87 a (new)
Article 87a Establishment of a common community loan facility (fiscal backstop) for the participating Member States In accordance with Article 311 of the TFEU stating that the Union shall provide itself with the means necessary to attain its objectives and carry through its policies and with Article 323 of the TFEU stating that the Parliament, the Council and the Commission shall ensure that the financial means are made available to allow the Union to fulfil its legal obligations in respect of third parties, the Commission shall consider presenting* to the European Parliament and the Council a legislative proposal on the establishment of a common community loan facility (fiscal backstop) for the participating Member States in the event that the amounts raised in accordance with Articles 66 and 67 are not immediately accessible or sufficient to cover the expenses incurred by the use of the Fund. When drafting this proposal, the Commission shall duly take into account the assessment and the recommendations to be drawn by the EU High-level Group on own resources on this specific issue. __________________ *No later than one year after the entry into force of this regulation and in due time before the Commission's proposal on the post electoral revision of the MFF (2014-2020)
2013/10/22
Committee: ECON
Amendment 1044 #

2013/0253(COD)

Proposal for a regulation
Article 88 – paragraph 1 a (new)
Article 6 paragraph 4 ceases to apply once the target funding level referred to in article 65 paragraph 1 is reached and the Fund is complemented with a common community loan facility (fiscal backstop) for the participating Member States to cope with situations referred to in article 69 paragraph 1.
2013/10/22
Committee: ECON
Amendment 59 #

2013/0214(COD)

Proposal for a regulation
Recital 1
(1) Long-term finance is a crucial enabling tool for putting the European economy on a path of sustainable, smart and inclusive growth and for building tomorrow's economy in a way that is less prone to systemic risks and is more resilient. European long-term investment funds (ELTIFs) provide finance to various infrastructure projects or unlisted companies of lasting duration that issue equity or debt instruments for which there is no readily identifiable buyer. By providing finance to such projects, ELTIFs contribute to the financing of the Union economies.
2013/12/05
Committee: ECON
Amendment 72 #

2013/0214(COD)

Proposal for a regulation
Recital 5
(5) Long-term asset classes within the meaning of this Regulation should comprise non-listed undertakings that issue equity or debt instruments for which there is no readily identifiable buyer. This Regulation should also covers real assets that require significant up-front capital expenditure.
2013/12/05
Committee: ECON
Amendment 76 #

2013/0214(COD)

Proposal for a regulation
Recital 7
(7) Uniform rules across the Union are necessary to ensure that ELTIFs display a coherent product profile across the Union. In order to ensure the smooth functioning of the internal market and a high level of investor protection, it is necessary to establish uniform rules regarding the operation of ELTIFs, in particular on the composition of the portfolio of ELTIFs and the investment instruments that they are allowed to use in order to gain exposure to nlon-listedg term assets undertakings and real assets. Uniform rules on the portfolio of an ELTIF are also required to ensure that ELTIFs that aim to generate regular income maintain a diversified portfolio of investment assets suitable to maintain the regular cash flow.
2013/12/05
Committee: ECON
Amendment 79 #

2013/0214(COD)

Proposal for a regulation
Recital 8
(8) It is essential to ensure that the definition of the operation of ELTIFs, in particular on the composition of the portfolio of ELTIFs and the investment instruments that they are allowed to use be directly applicable to the managers of ELTIFs and therefore these new rules need to be adopted as a Regulation. This also ensures uniform conditions for the use of the designation ELTIF by preventing diverging national requirements. Managers of ELTIFs should follow the same rules across the Union, in order to also enhance the confidence of investors in ELTIFs and ensure sustainable trustworthiness of the designation. At the same time, by adopting uniform rules, the complexity of the regulatory requirements applicable to ELTIFs is reduced. By means of uniform rules, the managers' cost of compliance with divergent national rules governing funds that invest in nlon-listedg term assets undertakings and comparable real asset classes is also reduced. This is especially true for managers that wish to raise capital on a cross-border basis. It also contributes to eliminate competitive distortions.
2013/12/05
Committee: ECON
Amendment 83 #

2013/0214(COD)

Proposal for a regulation
Recital 15
(15) In order to ensure that ELTIFs target long-term investments, and contribute to finance a sustainable growth of the EU's economy, rules on the portfolio of ELTIFs should require a clear identification of the categories of assets that should be eligible for investment by ELTIFs and of the conditions under which they should be eligible. An ELTIF should invest at least 70% of its capital in eligible investment assets and 60% of its capital in eligible investments issued by eligible portfolio undertakings established in the EU. To ensure the integrity of ELTIFs it is also desirable to prohibit an ELTIF from engaging in certain financial transactions that might endanger its investment strategy and objectives by raising additional risks different to those that might be expected for a fund targeting long-term investments. In order to ensure a clear focus on long term investments, as may be useful for retail investors unfamiliar with less conventional investment strategies, an ELTIF should not be allowed to invest in financial derivative instruments other than for the purpose of hedging the duration and currency risk of the other assets. Given the liquid nature of commodities and financial derivative instruments that give an indirect exposure to them, investments in commodities do not require a long-term investor commitment and therefore should be excluded. This rationale does not apply to investments in infrastructure or companies related to commodities or whose performance is linked indirectly to the performance of commodities, such as farms in the case of agricultural commodities or power plants in the case of energy commodities.
2013/12/05
Committee: ECON
Amendment 90 #

2013/0214(COD)

Proposal for a regulation
Recital 16
(16) The definition of what constitutes a long-term investment is broad. Without necessarily requiring long-term holding periods for the ELTIF manager, eligible investment assets are generally illiquid, require commitments for a certain period of time, and have an economic profile of a long-term nature. Eligible investment assets are non-However, as listed shares are long term investment products, it can make sense to include also listed undertakings in the eligible investment assets of the ELTIF as they both need to maintain a stable shareholding structure. Consequently, eligible investment assets may be transferable securities and therefore do notmay have access to the liquidity of secondary markets. They often require fixed term commitments which restrict their marketability. The economic cycle of the investment sought by ELTIFs is essentially of a long-term nature due to the high capital commitments and the length of time required to produce returns. As a result such assets do not suit investments with redemption rights.
2013/12/05
Committee: ECON
Amendment 95 #

2013/0214(COD)

Proposal for a regulation
Recital 22
(22) In order to provide investors with the assurance that ELTIFs contribute directly to the development of long-term investments, ELTIFs should be limited to investments in undertakings that have not been listed. Therefore qualifying portfolio undertakings should not be listed on regulated markets. Qualifying portfolio undertakings include infrastructure projects, investment in unlisted companies seeking growth and investments in real estate or other real assets that could be suitable for long term investment purposes.
2013/12/05
Committee: ECON
Amendment 101 #

2013/0214(COD)

Proposal for a regulation
Recital 24
(24) Unlisted undertakings can face difficulties accessing capital markets and financing further growth and expansion but also in maintaining a stable shareholding structure. Private financing through equity stakes or loans are typical ways of raising financing. Because such instruments are by their nature long-term investments they require patient capital that ELTIFs can provide.
2013/12/05
Committee: ECON
Amendment 117 #

2013/0214(COD)

Proposal for a regulation
Recital 34
(34) The assets in whiA qualifying portfolio undertaking may ch an ELTIFge its invested may obtain a activities or domicilisating on a regulated market during the life of the fundon during the life of the fund and therefore would no longer comply with the requirements of this Regulation. Where this happens, the asset would no longer comply with the non-listing requirements of this Regulation. In order to allow managers to disinvest from such an asset in an orderly manner, this asset could continue to count towards the 70% limit of eligible investment assets for up to three years.
2013/12/05
Committee: ECON
Amendment 128 #

2013/0214(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
(6a) Semi-professional client means any investor who (a) commits to invest a minimum of EUR 100,000; and (b) states in writing, in a separate document from the contract to be concluded for the commitment to invest, that they are aware of the risks associated with the envisaged commitment or investment
2013/12/05
Committee: ECON
Amendment 176 #

2013/0214(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b – introductory part
(b) it ismay be not admitted to trading:
2013/12/05
Committee: ECON
Amendment 192 #

2013/0214(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1 a. An ELTIF shall invest 60% of its capital in eligible investments established within the territory of a Member State.
2013/12/05
Committee: ECON
Amendment 206 #

2013/0214(COD)

Proposal for a regulation
Article 12 – paragraph 5 a (new)
5a. ELTIFs designed for professional and semi-professional clients shall be entitled to derive from the provisions according to paragraph. 2 -5.
2013/12/05
Committee: ECON
Amendment 216 #

2013/0214(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Where a long-term asset in which the ELTIF has invested is issued by a qualifying portfolio undertaking that no longer complies with Article 10(1)(b), the long-term asset may continue to be counted for the purpose of calculating the 70% referred to in Article 12(1) for a maximum of three years as of the date when the portfolio undertaking no longer fulfils the requirements in Article 10.
2013/12/05
Committee: ECON
Amendment 6 #

2013/0190(NLE)

Draft legislative resolution
Paragraph 5
5. Notes that in its 2013 Convergence Report the ECB expressed some concerns with regard to the long-term sustainability of Latvia's economic convergence; stresses in particular the following statements and recommendations: - joining a currency union entails foregoing monetary and exchange rate instruments and implies an increased importance of internal flexibility and resilience; the authorities should, therefore, consider avenues to further strengthen the alternative counter-cyclical policy instruments at their disposal, in addition to what has been done since 2009; - Latvia needs to continue along a path of comprehensive fiscal consolidation in line with the requirements of the Stability and Growth Pact, and to implement and to adhere to a fiscal framework that helps to avoid a return to pro-cyclical policies in the future; - both the need for a stronger institutional environment and the fact that the shadow economy, although declining, is estimated to still be relatively large are not only entailing public revenue losses but also distort competition, harm Latvia’s competitiveness and reduce the country’s attractiveness as a destination for foreign direct investment, thus hampering longer- term investment and productivity; - the reliance by a significant part of the banking sector on non-resident deposits as a source of funding, while not a recent phenomenon, is again on the rise and represents an important risk to financial stability and in addition to appropriate micro-prudential policies, it is crucial that a comprehensive policy toolkit is available (inter alia stress tests, deposit insurance scheme, anti-money laundering); considers that those concerns need to be taken seriously but that they do not change the overall positive assessment on the adoption of the euro by Latvia;
2013/06/19
Committee: ECON
Amendment 150 #

2013/0139(COD)

Proposal for a directive
Recital 14
(14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee at national level together with terms and definitions, the Commission should review them to identify, by means of delegated acts, the services that are common to the majority of Member States and propose standardised EU level terms and definitions for themDoes not affect the English version.
2013/09/10
Committee: ECON
Amendment 192 #

2013/0139(COD)

Proposal for a directive
Recital 28
(28) Member States should ensure that at least one payment service provider offers a payment account with basic features to consumers. Access should not be overly difficult and should not entail excessive costs for consumers. In this respect, Member States should consider factors such as the location of the designated payment service providers in their territory. In order to minimise the risk for consumers to become financially excluded, Member States should improve financial education, including at school, and combat over- indebtedness. Furthermore, Member States should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education to advise vulnerable people on aspects of budgeting and over- indebtedness.
2013/09/10
Committee: ECON
Amendment 213 #

2013/0139(COD)

Proposal for a directive
Recital 39
(39) A review of this Directive should be carried out five years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers, the periods for which such accounts are held, the number of refusals to open basic payment accounts and the number of closures of such accounts and the reasons for them, as well as the associated charges. It should also assess whether extended deadlines for payment service providers performing cross-border switching are to be maintained for a longer period. Also, it should assess whether the provisions on the information to be provided by payment service providers when offering packaged products are sufficient or whether additional measures are needed. The Commission should submit a report to the European Parliament and the Council accompanied, if appropriate, by legislative proposals.
2013/09/10
Committee: ECON
Amendment 353 #

2013/0139(COD)

Proposal for a directive
Article 5 – paragraph 4
4. The Commission shall be empowered to adopt implementing acts pursuant to Article 265 to define the format of the statement of fees, its common symbol and the order in which the services referred to in paragraph 5 of Article 3 shall be presented in the statement of fees.
2013/09/10
Committee: ECON
Amendment 536 #

2013/0139(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that at least one payment service provider which is well established in their territory offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
2013/09/10
Committee: ECON
Amendment 563 #

2013/0139(COD)

Proposal for a directive
Article 15 – paragraph 3 – point a
(a) Where a consumer already holds a payment account, with a payment service provider located in their territory, which allows him to make use of the payment services listed in Article 17(1)6;
2013/09/10
Committee: ECON
Amendment 607 #

2013/0139(COD)

Proposal for a directive
Article 16 – paragraph 1 – point c
(c) services enabling cash withdrawals within the Union from a payment account at counters and automatic teller machines, including outside branch opening hours;
2013/09/10
Committee: ECON
Amendment 626 #

2013/0139(COD)

Proposal for a directive
Article 16 – paragraph 1 – point d – point 3 a (new)
(3a) standing orders.
2013/09/10
Committee: ECON
Amendment 631 #

2013/0139(COD)

Proposal for a directive
Article 16 – paragraph 2
2. Member StatesThe Commission shall determine, for all the services referred to in paragraph 1, a minimum number of operations which will be provided to the consumer for the fee, if any, referred to in Article 17. The minimum number of operations shall be reasonable and in line with the common commercial practice in the Member State concernedEuropean Union.
2013/09/10
Committee: ECON
Amendment 636 #

2013/0139(COD)

Proposal for a directive
Article 16 – paragraph 4
4. Member States shall ensure that the consumer is not offered any overdraft facilities other than a temporary buffering facility for a very small amount in conjunction with the payment account with basic features.
2013/09/10
Committee: ECON
Amendment 638 #

2013/0139(COD)

Proposal for a directive
Article 16 – paragraph 4 a (new)
4a. The Commission shall be empowered to adopt implementing acts in accordance with Article 25 in order to determine what the minimum number of operations as referred to in paragraph 2 shall be.
2013/09/10
Committee: ECON
Amendment 697 #

2013/0139(COD)

Proposal for a directive
Article 19 – paragraph 2 a (new)
2a. Member States shall ensure that measures are taken to assist vulnerable members of society with matters concerning budgeting and overindebtedness.
2013/09/10
Committee: ECON
Amendment 718 #

2013/0139(COD)

Proposal for a directive
Article 26 – paragraph 1 – point d
(d) the number of payment accounts with basic features opened, the length of time for which such accounts are held, the number and grounds for refusal and closure and the associated charges.
2013/09/10
Committee: ECON
Amendment 719 #

2013/0139(COD)

Proposal for a directive
Article 26 – paragraph 1 – point d a (new)
(da) the measures taken to assist vulnerable members of society with matters concerning budgeting and overindebtedness.
2013/09/10
Committee: ECON
Amendment 79 #

2013/0024(COD)

Proposal for a regulation
Article 5
Article 5 Transfers of funds within the Union 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only the account number of the payer or his unique transaction identifier shall be provided at the time of the transfer of funds. 2. Notwithstanding paragraph 1, the payment service provider of the payer shall, upon request from the payment service provider of the payee or the intermediary payment service provider, make available the information on the payer or the payee in accordance with Article 4, within three working days of receiving that request.deleted
2013/07/24
Committee: ECON
Amendment 80 #

2013/0024(COD)

Proposal for a regulation
Article 5
Article 5 Transfers of funds within the Union 1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only the account number of the payer or his unique transaction identifier shall be provided at the time of the transfer of funds. 2. Notwithstanding paragraph 1, the payment service provider of the payer shall, upon request from the payment service provider of the payee or the intermediary payment service provider, make available the information on the payer or the payee in accordance with Article 4, within three working days of receiving that request.deleted
2013/12/11
Committee: ECONLIBE
Amendment 83 #

2013/0024(COD)

Proposal for a regulation
Article 6 – title
Transfers of funds within the Union and to outside the Union
2013/07/24
Committee: ECON
Amendment 84 #

2013/0024(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established within the Union or outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the account number of the payer or his unique transaction identifier.
2013/07/24
Committee: ECON
Amendment 86 #

2013/0024(COD)

Proposal for a regulation
Article 6 – title
Transfers of funds within the Union and to outside the Union
2013/12/11
Committee: ECONLIBE
Amendment 87 #

2013/0024(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established within the Union or outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied only by:
2013/07/24
Committee: ECON
Amendment 88 #

2013/0024(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established within the Union or outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the account number of the payer or his unique transaction identifier.
2013/12/11
Committee: ECONLIBE
Amendment 91 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) for transfers of funds where the payment service provider of the payer is established in the Union, the information required under Article 5;deleted
2013/07/24
Committee: ECON
Amendment 92 #

2013/0024(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established within the Union or outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied only by:
2013/12/11
Committee: ECONLIBE
Amendment 92 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) and where applicable, the information required under Article 14;
2013/07/24
Committee: ECON
Amendment 93 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
2013/07/24
Committee: ECON
Amendment 95 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. For transfers of funds amounting to more than EUR 1 000, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee shall verify the identity of the payee if his or her identity has not already been verified.
2013/07/24
Committee: ECON
Amendment 97 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) for transfers of funds where the payment service provider of the payer is established in the Union, the information required under Article 5;deleted
2013/12/11
Committee: ECONLIBE
Amendment 98 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of money laundering or terrorist financing.
2013/07/24
Committee: ECON
Amendment 99 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) and where applicable, the information required under Article 14;
2013/12/11
Committee: ECONLIBE
Amendment 101 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
2013/12/11
Committee: ECONLIBE
Amendment 103 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. For transfers of funds amounting to more than EUR 1 000, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee shall verify the identity of the payee if his or her identity has not already been verified.
2013/12/11
Committee: ECONLIBE
Amendment 106 #

2013/0024(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a
(a) for transfers of funds where the payment service provider of the payer is established in the Union, the information required under Article 5;deleted
2013/07/24
Committee: ECON
Amendment 107 #

2013/0024(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established within the Union or outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of money laundering or terrorist financing.
2013/12/11
Committee: ECONLIBE
Amendment 107 #

2013/0024(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) or, where applicable, the information required under Article 14;
2013/07/24
Committee: ECON
Amendment 108 #

2013/0024(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point c
(c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
2013/07/24
Committee: ECON
Amendment 115 #

2013/0024(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a
(a) for transfers of funds where the payment service provider of the payer is established in the Union, the information required under Article 5;deleted
2013/12/11
Committee: ECONLIBE
Amendment 117 #

2013/0024(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) for transfers of funds where the payment service provider of the payer is established within the Union or outside the Union, the information on the payer and the payee referred to in Article 4(1) and (2) or, where applicable, the information required under Article 14;
2013/12/11
Committee: ECONLIBE
Amendment 119 #

2013/0024(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point c
(c) for batch file transfers, where the payment service provider of the payer is established within the Union or outside the Union, the information referred to in Article 4(1) and (2) in respect of the batch file transfer.
2013/12/11
Committee: ECONLIBE
Amendment 18 #

2013/0023(COD)

Proposal for a directive
Article 12 a (new)
Article 12a The Central Bank, in consultation with the Commission, shall, by [1 year after its entry into force], submit a report on the EUR 200 and EUR 500 banknotes. This report shall assess the extent to which the issuance of these denominations is justified in the light of the risks of counterfeiting and money laundering. The report shall be accompanied, if necessary, by a proposal for a decision.
2013/09/10
Committee: ECON
Amendment 16 #

2013/0000(INI)

Motion for a resolution
Recital B
B. whereas this loss of revenue raises the deficit and debt levels of Member States (MS), thereby reducing the funds available for fostering public investment, growth and employment, and whereas preventing this loss of revenue could make it possible to reduce tax rates overall;
2013/03/01
Committee: ECON
Amendment 26 #

2013/0000(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas tax avoidance practices, which are facilitated by the increasing dematerialisation of the economy, lead to distortions of competition harmful to European undertakings and growth;
2013/03/01
Committee: ECON
Amendment 54 #

2013/0000(INI)

Motion for a resolution
Paragraph 2
2. Urges Member States to follow up on their commitment, embrace the Commission’s Action Plan, fully implement the two recommendations, and complete the procedures for all pending legislative proposals regarding issues of tax fraud, tax avoidance and, tax havens; and tax evasion;
2013/03/01
Committee: ECON
Amendment 76 #

2013/0000(INI)

Motion for a resolution
Paragraph 6
6. PropoStresses the introduction of requirements for unconditional cooperation with the EU on money laundering, tax fraud and tax avoidance issues for MS seeking financial assistance;at MS that have received1 or are seeking financial assistance have an obligation to implement measures designed to strengthen and improve their capacity to collect tax and tackle tax fraud and tax evasion in order to boost tax revenues; urges the Commission to extend this obligation to encompass measures to tackle money laundering as part of the forthcoming revision of the third anti-money laundering directive; 1 Regulation (EU) No …/2012 of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area.
2013/03/01
Committee: ECON
Amendment 89 #

2013/0000(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to step up its cooperation with the OECD, particularly in the context of the debate on aggressive tax planning and efforts to combat unintended double non-taxation;
2013/03/01
Committee: ECON
Amendment 115 #

2013/0000(INI)

Motion for a resolution
Paragraph -12 (new)
-12. Urges the Commission to expressly include tax crimes among the main offences linked to money laundering, as envisaged in its Action Plan;
2013/03/01
Committee: ECON
Amendment 126 #

2013/0000(INI)

Motion for a resolution
Paragraph 13
13. Calls on Member States to agree and implement a compulsoryCommon Consolidated Corporate Tax Base by moving gradually from an optional to a compulsory scheme as defined in the European Parliament legislative resolution of 19 April 2012 on the proposal for a Council directive on a Common Consolidated Corporate Tax Base (CCCTB);
2013/03/01
Committee: ECON
Amendment 161 #

2013/0000(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Points out that MS receiving financial assistance should make every effort to tackle tax fraud and tax evasion;
2013/03/01
Committee: ECON
Amendment 162 #

2013/0000(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Encourages the Commission to develop a European taxpayers' code setting out best practices for enhancing cooperation, trust and confidence between tax administrations and taxpayers, for ensuring greater transparency on the rights and obligations of taxpayers and encouraging a service-oriented approach;
2013/03/01
Committee: ECON
Amendment 194 #

2013/0000(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Encourages the Commission to regulate financial flows from Member States to third countries arranged for the purposes of tax avoidance and to create a balanced and competitive tax framework;
2013/03/01
Committee: ECON
Amendment 197 #

2013/0000(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Calls on the Commission to carry out an in-depth study into the difference, in the Member States, between legal and actual corporation tax rates in order to ensure that the debate on fiscal harmonisation is based on objective data;
2013/03/01
Committee: ECON
Amendment 204 #

2013/0000(INI)

Motion for a resolution
Paragraph 27
27. CRecalls for a commthe definition on tax havens laid down in the regulation (EU approach towards tax havens) n° .../2012 on European Social Entrepreneurship Funds according to which is considered to be a tax haven a country that is listed as a Non- Cooperative Country and Territory by FATF and does not fully comply with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements; invites the Commission to update this definition and monitor its enforcement and to ensure consistency throughout all EU legislation;
2013/03/01
Committee: ECON
Amendment 207 #

2013/0000(INI)

Motion for a resolution
Paragraph 28
28. Calls on the Commission to adopt a clear definition and common set of criteria to identify tax havens, as well as appropriate measures applying to identified jurisdictions;deleted
2013/03/01
Committee: ECON
Amendment 210 #

2013/0000(INI)

Motion for a resolution
Paragraph 29
29. Proposes that a tax haven be defined as a jurisdiction which has not effectively implemented the international standards for transparency and exchange of information as established by the Global Forum, or which operates tax measures that breach the principles and criteria of the Code of Conduct;deleted
2013/03/01
Committee: ECON
Amendment 1 #

2012/2256(INI)

Motion for a resolution
Citation 6 a (new)
- having regard the conclusions of the Economic and Monetary affairs Council of 13 November 2012 in particular on tax matters;
2012/12/20
Committee: ECON
Amendment 245 #

2012/2256(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to present concrete proposals to improvewelcomes the "Action Plan to strengthen the fight against tax fraud and tax evasion", including in relation to third countries, as an essential tool for a fairer distribution of the fiscal effort and for increasingthe recommendations on "measures intended to encourage third countries to apply minimum standards of good governance in tax matters" and on "aggressive tax planning" adopted by the Commission on 6 December 2012; supports the proactive stance taken by the Commission and in particular by the Commissioner for Taxation, Customs, Anti-fraud, Audit and Statistics; will carefully monitor the follow-up actions of the Commission and the Member States' revenuesulting from these texts;
2012/12/20
Committee: ECON
Amendment 249 #

2012/2256(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. considers positive that finally "all Member States recognise the importance of taking effective steps to fight tax evasion and fraud, also in times of budgetary constraints and of economic crisis" as stated in the conclusions of the Economic and Monetary affairs Council of 13 November 2012;
2012/12/20
Committee: ECON
Amendment 36 #

2012/2234(INI)

Draft opinion
Paragraph 8
8. Stresses that 2nd pillar systems must be secure, for the sake of employeemust ensure solidarity between generations and reflect the modern work patterns;
2012/12/18
Committee: ECON
Amendment 39 #

2012/2234(INI)

Draft opinion
Paragraph 8 a (new)
8a. Considers that ensuring that European 2nd pillar systems obey to robust prudential regulation is key to achieve a high level of protection for the members and beneficiaries and to respect the G20 mandate according to which all financial institutions shall be subject to proper regulation and adequate supervision;
2012/12/18
Committee: ECON
Amendment 45 #

2012/2234(INI)

Draft opinion
Paragraph 10
10. Rejects regulatory harmonisation of quantitative or qualitative precautionary measures at EU level;deleted
2012/12/18
Committee: ECON
Amendment 50 #

2012/2234(INI)

Draft opinion
Paragraph 10 a (new)
10a. Stresses that all 2nd pillar pensions providers, whatever their legal form, should be under proportionate and robust regulation that takes into account the characteristics of their business, particularly long term focused;
2012/12/18
Committee: ECON
Amendment 56 #

2012/2234(INI)

Draft opinion
Paragraph 11
11. Considers that Commission proposals regarding quantitative and qualitative precautionary measures are only of value if they lay stress onshould takinge into account the differences between the systems and comply strictly with the principle of proportionality in terms of the financial, administrative and technical burden involved;
2012/12/18
Committee: ECON
Amendment 68 #

2012/2234(INI)

Draft opinion
Paragraph 13 a (new)
13a. Considers that prior to reviewing the IORP directive with a view of ensuring a high level of protection of employees, it will be important to assess the conclusions of the ongoing Quantitative Impact Study performed by the European Insurance and Occupational Pensions Authority (EIOPA);
2012/12/18
Committee: ECON
Amendment 74 #

2012/2234(INI)

Draft opinion
Paragraph 14
14. Stresses that the application of quantitative Solvency II requirements poses a great risk to pillar 2 systems, since these may, as a result of increased costs, be forced in future to accept lower company pensions or to stop them altogether; emphasises that this is not in the interests of employees; therefore concludes that there must be no provisions at EU level aiming to apply Solvency II to 2nd pillar systems have to be properly assessed;
2012/12/18
Committee: ECON
Amendment 81 #

2012/2234(INI)

Draft opinion
Paragraph 15
15. Considers the further development of variations to Solvency II, such as the Holistic Balance Sheet Model (HBS), to be useful only if specific national requirements are complied with and if they are presented as recommendations; categorically rejects these as components of EU-level regulations;
2012/12/18
Committee: ECON
Amendment 85 #

2012/2234(INI)

Draft opinion
Paragraph 16
16. Rejects the establishment of equal competition between life insurance and 2nd pillar systems, as the latter are not financial service providers and can therefore not be compared with life insurance providers;deleted
2012/12/18
Committee: ECON
Amendment 104 #

2012/2234(INI)

Draft opinion
Paragraph 21
21. Notes that, according to the OECD, there is a lack of mobility between the Member States and that only 3% of working-age EU citizens live in another Member State;* 1 OECD (2012), "Mobility and migration in Europe", p. 63. In: OECD Economic Surveys: European Union 2012, OECD Publishing. 1 believes that the lack of legal certainty for the transfer of pension rights constitutes one of the main obstacles to labour mobility in Europe;
2012/12/18
Committee: ECON
Amendment 108 #

2012/2234(INI)

Draft opinion
Paragraph 22
22. StressWelcomes therefore that cross-border pension tracking services are only worthwhile if they are extremely efficient, legally and administratively small-scale and highly cost-effectivee Commission's intention to promote efficient cross-border pension tracking services;
2012/12/18
Committee: ECON
Amendment 144 #

2012/2151(INI)

Motion for a resolution
Recital V
V. whereas the growing divide between core and peripheral countries in the Union should not become chronic in nature; whereas a permanent framework must be created in which Member States in difficulty should be able to rely on solidarity-based support from other Member States; whereas those Member States which desire solidarity should be able to take up their responsibility for implementing the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union as well as their country-specific recommendations and their engagements under the European Semester, in particular those related to the stability and growth pact (SGP), the Euro- plus pact and the macro-economic imbalances procedure and Europe 2020;
2012/09/26
Committee: ECON
Amendment 145 #

2012/2151(INI)

Motion for a resolution
Recital V
V. whereas the growing divide between core and peripheral countries in the Union should not become chronic in nature; whereas a permanent framework must be created in which Member States in difficulty should be able to rely on solidarity-based support from other Member States; whereas those Member States which desire solidarity should be able to take up their responsibility for implementing the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union as well as their country-specific recommendations and their engagements under the European Semester, in particular those related to the stability and growth pact (SGP), the Euro- plus pact and the macro-economic imbalances procedure; whereas ensuring the financial stability of every Member State is a matter of mutual interest of the Member States; whereas Article 121 TFEU states that Member States are to regard their economic policies as a matter of common concern and to coordinate them within the Council;
2012/09/26
Committee: ECON
Amendment 149 #

2012/2151(INI)

Motion for a resolution
Recital V a (new)
V a. whereas it is paramount for a return to growth that the internal market is being completed; whereas the Commission as the guardian of the Treaties needs to step up its efforts to enforce implementation of and compliance with existing internal market legislation; whereas for the proper functioning of the internal market it is necessary that market integration rules will be based more on regulations and not on directives;
2012/09/26
Committee: ECON
Amendment 165 #

2012/2151(INI)

Motion for a resolution
Recital Y
Y. whereas the time has come for the political leaders of and within the European Union to demonstrate their determination, creativity, courage, resilience and leadership to remove the remaining deficiencies that continue to hamper the proper functioning of EMU; whereas the intergovernmental method has reached its limits and it is not well suited for democratic and efficient decision-making in 21st century; whereas a leap should be made to a truly federal Europe because political union gives more direct influence to citizens and therefore is more democratic and efficient;
2012/09/26
Committee: ECON
Amendment 193 #

2012/2151(INI)

Motion for a resolution
Recital AE
AE. whereas the ambition should be that all Member States jointly take steps forward towards greater European integration and establish federal union of European citizens; whereas decisions that only apply to the euro area might be needed where required or justified on the basis of the specificity of the euro area, not excluding opt-ins for other Member States;
2012/09/26
Committee: ECON
Amendment 214 #

2012/2151(INI)

Motion for a resolution
Recital AH
AH. whereas the precarious situation of the banking sector in several Member States threatens the real economy and the public finances, and the cost of management of the banking crisis falls too heavily on taxpayers; whereas the existing mechanisms and structures are insufficient to prevent mutual contagion;
2012/09/26
Committee: ECON
Amendment 238 #

2012/2151(INI)

Motion for a resolution
Recital AM
AM. whereas the Union would benefit from proposals that introduceneeds a single European supervisory mechanism for financial institutions, a single European deposit guarantee scheme and a single European recovery and resolution scheme;
2012/09/26
Committee: ECON
Amendment 241 #

2012/2151(INI)

Motion for a resolution
Recital AM a (new)
AMa. whereas the Commission has not yet proposed two of the main pillars of the banking union (a resolution regime and a deposit guarantee scheme), hence leaving it incomplete;
2012/09/26
Committee: ECON
Amendment 247 #

2012/2151(INI)

Motion for a resolution
Recital AN
AN. whereas there is urgent need for a complete package on the banking union covering all three pillars; whereas the work on them should be done in parallel so that the scope of the deposit guarantee and crisis management framework shouldto mirror that of the single supervisory mechanism in terms of the banks covered (symmetry);
2012/09/26
Committee: ECON
Amendment 261 #

2012/2151(INI)

Motion for a resolution
Recital AQ
AQ. whereas a high-quality and uniform European supervisory mechanism is indispensable to avoid competitive distortions, to guarantee a level playing field between all financial institutions and, to restore cross-border confidence and avoid fragmentation of the internal market;
2012/09/26
Committee: ECON
Amendment 278 #

2012/2151(INI)

Motion for a resolution
Recital AT a (new)
ATa. whereas the report of the High-Level Group on Financial Supervision chaired by Jacques de Larosière, submitted to the President of the Commission on 25 February 2009, explicitly recommended that the ECB should not be responsible for micro-prudential supervision;
2012/09/26
Committee: ECON
Amendment 279 #

2012/2151(INI)

Motion for a resolution
Recital AT b (new)
ATb. whereas the following main reasons why de Larosière report states that the ECB should not be responsible for micro- prudential supervision should be taken seriously: - the ECB's fundamental mandate is monetary stability; - jeopardising the ECB's independence due to political pressure and interference in case of a crisis; - a number of ECB/ESCB members have no competence in terms of supervision; - conferring responsibilities to the ECB/Eurosystem would not provide for a comprehensive, integrated system of supervision; - the ECB is not entitled by the Treaty to deal with insurance companies, which can pose a major problem for financial stability;
2012/09/26
Committee: ECON
Amendment 281 #

2012/2151(INI)

Motion for a resolution
Recital AU
AU. whereas, for reasons of efficiency and quick action, it is recommended to confer European supervision to the ECB, given its widely recognised expertise, access to information resources and significant credibility;deleted
2012/09/26
Committee: ECON
Amendment 288 #

2012/2151(INI)

Motion for a resolution
Recital AV
AV. whereas supervision by the ECBthe single supervisory mechanism should already from the very start cover the financial institutions requiring direct support from the Union as well as European systemically important financial institutions (E-SIFIs) and domestic systemically important financial institutions (D-SIFIs));
2012/09/26
Committee: ECON
Amendment 292 #

2012/2151(INI)

Motion for a resolution
Recital AW
AW. whereas it is of paramount importance that safeguards are introduced to avoid conflicts of interest between the ECB's monetary policy and its supervisory powers are unavoidable; whereas any possible erosion of the ECB's authority for monetary policy needs to be excluded by the setting up within the ECB of a legally independent supervisory board;
2012/09/26
Committee: ECON
Amendment 295 #

2012/2151(INI)

Motion for a resolution
Recital AW a (new)
AWa. whereas the European Parliament strongly favours merging the existing European Supervisory Authorities for the establishment of a single supervisory mechanism responsible for micro- prudential supervision;
2012/09/26
Committee: ECON
Amendment 300 #

2012/2151(INI)

Motion for a resolution
Recital AX
AX. whereas the ECB will needfor practical reasons the Commission proposes to confer European supervision to the ECB but this should be only a temporary solution; whereas by 2018 the supervisory tasks should be transferred to a single supervisory mechanism based on the merged existing ESAs which will have to be equipped with the appropriate budgetary and human resources so as to ensure an objective and integrated oversight of the European banking system;
2012/09/26
Committee: ECON
Amendment 308 #

2012/2151(INI)

Motion for a resolution
Recital AZ
AZ. whereas the head of the European single supervisory mechanism should be appointed after a hearing by the European Parliament followin,g and confirmation hearing of the candidates designated by, the European ParliamentCouncil and the list of candidates should be gender-balanced;
2012/09/26
Committee: ECON
Amendment 349 #

2012/2151(INI)

Motion for a resolution
Recital BG
BG. whereas the introduction of a single European deposit guarantee fund should be the ultimate goalhappen swiftly, further increasing the credibility of the scheme; the development of a similar scheme is justified considering the introduction of a European structure for prudential supervision and a European recovery and resolution framework;
2012/09/26
Committee: ECON
Amendment 386 #

2012/2151(INI)

Motion for a resolution
Recital BM
BM. whereas the head of the ERRA should be appointed after a hearing in and confirmation by the European Parliamentby the European Parliament following a hearing of the candidates designated by the Council and the list of candidates should be gender-balanced;
2012/09/26
Committee: ECON
Amendment 420 #

2012/2151(INI)

Motion for a resolution
Recital BT
BT. whereas the smooth functioning of EMU requires a full and swift implementation of the measures already agreed upon under the reinforced economic governance framework (such as the reinforced SGP and the Fiscal Compact which has to be integrated in the Union law as soon as possible);
2012/09/26
Committee: ECON
Amendment 429 #

2012/2151(INI)

Motion for a resolution
Recital BU
BU. whereas the crisis has made clear the need for a qualitative step towards a more robust fiscal union with an increase of the own-resources of the Union and more effective mechanisms to correct unsustainable fiscal trajectories, debt levels and set the upper limits of budget balance of Member States;
2012/09/26
Committee: ECON
Amendment 437 #

2012/2151(INI)

Motion for a resolution
Recital BV a (new)
BVa. therefore urges for the establishment of a European redemption fund as the best solution for mitigating the crisis and bringing down debt to sustainable levels and calls for setting up of a European treasury, headed by a European finance minister, individually accountable to the European Parliament ;
2012/09/26
Committee: ECON
Amendment 447 #

2012/2151(INI)

Motion for a resolution
Recital BX
BX. whereas options should be explored for the feasibility of a euro area stabilisation instrument to counter and absorb economic shocks in the Member States; whereas financial assistance mechanisms such as the ESM are less rapidly deployable than conventional budgetary mechanisms; therefore strongly favours European Monetary Fund built upon the ESM, which is fully enshrined in Union law;
2012/09/26
Committee: ECON
Amendment 461 #

2012/2151(INI)

Motion for a resolution
Recital BZ
BZ. whereas the common issuance of debt is in the longer run a corollary of EMU;
2012/09/26
Committee: ECON
Amendment 481 #

2012/2151(INI)

Motion for a resolution
Recital CB
CB. whereas it must be kept in mind that the introduction in a hasty or not crediblcommon issuance wmay of instruments for common issuance of debt may leadalso be undertaken to funcontrollable consequences and the loss of long-term trust in the euro area's capacity to act decisivelyd a "centralised budget" of the euro area;
2012/09/26
Committee: ECON
Amendment 487 #

2012/2151(INI)

Motion for a resolution
Recital -CC a (new)
-CCa. whereas much emphasis has been put so far on the monetary side of the EMU while there is an urgent need for building a true economic union, where the 'Europe 2020' strategy should give the binding framework for designing and implementing of economic policies;
2012/09/26
Committee: ECON
Amendment 488 #

2012/2151(INI)

Motion for a resolution
Recital -CC a b (new)
-CCb. whereas the Euro Plus Pact should be integrated into Union law and made binding; whereas the Euro Plus Pact and the Macroeconomic Imbalances procedure pave the way for the introduction of a convergence code for Member States' economies;
2012/09/26
Committee: ECON
Amendment 515 #

2012/2151(INI)

Motion for a resolution
Recital CF
CF. whereas the Pact for Growth and Jobs, which was approved at the European Summit of 28 and 29 June 2012, can bring an important contribution to growth, employment and improved European competition capacities,; whereas the Union and the Member States must take on their responsibility and act quickly to complete the internal market and unlock its potential;
2012/09/26
Committee: ECON
Amendment 520 #

2012/2151(INI)

Motion for a resolution
Recital CG
CG. whereas it is up to the Member States to deliver without delay on the agreed and long due reforms in their national reform programmes;
2012/09/26
Committee: ECON
Amendment 544 #

2012/2151(INI)

Motion for a resolution
Recital CI
CI. whereas it is important that the recovery of the economy goes along with a labour market policy that reduces structural unemployment, especially for youth, old persons and women and encourages labour mobility,
2012/09/26
Committee: ECON
Amendment 551 #

2012/2151(INI)

Motion for a resolution
Recital CJ
CJ. whereas binding coordination at Union level might be consideredis necessary for certain key economic policy issues particularly relevant for growth and employment;
2012/09/26
Committee: ECON
Amendment 557 #

2012/2151(INI)

Motion for a resolution
Recital CK a (new)
CKa. whereas the Member States should be accountable for the implementation of the 'Europe 2020' Strategy;
2012/09/26
Committee: ECON
Amendment 580 #

2012/2151(INI)

Motion for a resolution
Recital CO
CO. whereas for proposals falling within the competence of the Union decisions haveshould been taken in accordance with the ordinary legislative procedure, fully involving the European Parliament either through consultation or co-decision;
2012/09/26
Committee: ECON
Amendment 588 #

2012/2151(INI)

Motion for a resolution
Recital CP
CP. whereas measures taken at Union level are often perceived as being "too little, too late" partly due to the procedures arising from the democratic legislative process, the lack of a European institutional substructure or own Union resources to intervene directly to tackle a crisis situation but mainly due to a lack of leadership at Union level;
2012/09/26
Committee: ECON
Amendment 596 #

2012/2151(INI)

Motion for a resolution
Recital CS
CS. whereas it is no longer acceptable that the President of the European Parliament cannot be present for the whole duration of the meetings of the European Council and the Euro area Summit; whereas a solution for this lack of democratic legitimacy should be found urgently through a political agreement between the two institutions;deleted
2012/09/26
Committee: ECON
Amendment 626 #

2012/2151(INI)

Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 1
The legislative act to be adopted should create a high-quality single European supervisory mechanism withby merging the ECB (European supervisor)Supervisory Authorities by 2018 while temporarily conferring the supervisory tasks to the ECB to ensure the effective application of prudential rules, risk control and crisis prevention concerning credit institutions and other financial institutions throughout the Union.
2012/10/02
Committee: ECON
Amendment 652 #

2012/2151(INI)

Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 8
The body or bodies with ultimate authority under the European supervisor should be headed by officers appointed after confirmation by the European Parliament following a hearing of the candidates designated by the Council; the list of candidates should be gender-balanced.
2012/10/02
Committee: ECON
Amendment 662 #

2012/2151(INI)

Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 9 – indent 1
- supervise all financial institutions and financial market structures within the countries included in the system but with a clear division of operational responsibilities between the European and national supervisors depending on the size and nature of banks and the nature of the supervisory tasks;
2012/10/02
Committee: ECON
Amendment 676 #

2012/2151(INI)

Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 9 – indent 5
– strengthen international supervisory coordination and where appropriate represent the Union in international financial institutions.
2012/10/02
Committee: ECON
Amendment 724 #

2012/2151(INI)

Motion for a resolution
Annex – part 1 – point 1.3 – paragraph 2
A body at European level should be established or designated to exercise the required resolution tools in respect of those institutions (ERRA). This body should enjoy a wide independence. Its head should be appointed after confirmation by the European Parliament following a hearing of the candidates designated by the Council; the list of candidates should be gender-balanced.
2012/10/02
Committee: ECON
Amendment 740 #

2012/2151(INI)

Motion for a resolution
Annex – part 1 – point 1.3 – paragraph 5
The resolution scheme should have a strong financial structure built on contributions from industry, owners and creditors, with public money only serving as an ultimate backstop. However, Member States should have an obligation to ensure that the fund is of an adequate size.
2012/10/02
Committee: ECON
Amendment 756 #

2012/2151(INI)

Motion for a resolution
Annex – part 2 – point 2.1 – paragraph 1 – indent 7 a (new)
- establishing a European debt redemption fund.
2012/10/02
Committee: ECON
Amendment 769 #

2012/2151(INI)

Motion for a resolution
Annex – part 2 - Point 2.3 – paragraph 1
Enhanced cooperation should be used more frequently in the field of taxation (such as for, starting immediately with the establishment of a CCCTB orand a financial transaction tax), since harmonised frameworks for taxation will enhance budgetary policy integration.
2012/10/02
Committee: ECON
Amendment 777 #

2012/2151(INI)

Motion for a resolution
Annex – part 2 – point 2.4 – paragraph 1 a (new)
A "centralised" budget for the euro area could be funded through a common ad- hoc issuance.
2012/10/02
Committee: ECON
Amendment 781 #

2012/2151(INI)

Motion for a resolution
Annex – part 2 – point 2.4 a (new)
Recommendation 2.4a: A roadmap towards stability bonds The European Parliament considers that the legislative act to be adopted should aim to regulate as follows: Taking note of the various crisis mitigation and resolution efforts of the European institutions, particularly the establishment of the EFSM, the EFSF, the SMP and the LTRO, the OMT, and the agreement on the ESM and the fiscal compact, the Commission should propose a roadmap towards stability bonds which links all progress towards eurobonds with budgetary stabilisation and economic convergence.
2012/10/02
Committee: ECON
Amendment 815 #

2012/2151(INI)

Motion for a resolution
Annex – part 3 – point 3.2 a (new)
Recommendation 3.2a on improving economic coordination and competitiveness The European Parliament considers that the legislative act to be adopted should aim to regulate as follows: The Commission should propose a convergence code for Member States with minimum and maximum standards to be applied to the main pillars of their economies. - The Member States would have flexibility on how to apply these, but within a range fixed by the convergence code. Convergence does not mean harmonisation but rather paving the way for further integration. Convergence involves establishing a range within which the economies of the various Member States must develop in order to collectively form a more integrated, financially robust and competitive European economy. - The range must be set in such a way that it actually obliges countries to adapt. Using ranges instead of fixed standards or vague goals takes into account more effectively than in the past the specific characteristics of each national economy. - The Commission who should propose this code, to be adopted by the Parliament and the Council. The Commission should also monitor compliance with the convergence code and decide on penalties if Member States do not take corrective action. The establishment of such a convergence code would also simplify the economic governance framework of the Union by not only replacing several inefficient policies but also by making it more comprehensible to citizens.
2012/10/02
Committee: ECON
Amendment 818 #

2012/2151(INI)

Motion for a resolution
Annex – part 4 – point 4.2 – paragraph 1
The operations of the EFSF/ESM and any future similar structure, should be subject to regular democratic scrutiny by the European Parliament, as well as the involvement of the Court of Auditors and the OLAF.
2012/10/02
Committee: ECON
Amendment 824 #

2012/2151(INI)

Motion for a resolution
Annex – part 4 – point 4.3 a (new)
Recommendation 4.3a on the election of the next Commission President The European Parliament considers that the legislative act to be adopted should aim to regulate as follows: The next President of the Commission should first have been elected to the European Parliament and have been the electoral champion of his or her political party. In the longer term and only following the modification of the current Treaty, the President of the Commission should be elected directly by the Union's citizens. The elected President shall have the sole responsibility for the composition of the College.
2012/10/02
Committee: ECON
Amendment 825 #

2012/2151(INI)

Motion for a resolution
Annex – part 4 – point 4.3 b (new)
Recommendation 4.3b on the next European elections The European Parliament considers that the legislative act to be adopted should aim to regulate as follows: The next elections to the European Parliament should have a proportion of its members elected on a trans-European list. The European elections should all happen on the same day across the whole Union and the date brought forward to May.
2012/10/02
Committee: ECON
Amendment 830 #

2012/2151(INI)

Motion for a resolution
Annex – part 4 – point 4.4 – indent 3
- The President of the European Parliament should be invited, where appropriate, to participate in the European Council meetings and the euro area summits;
2012/10/02
Committee: ECON
Amendment 831 #

2012/2151(INI)

Motion for a resolution
Annex – part 4 – point 4.4 – indent 5
- The European Parliament should hold a hearing and consent to the appointment of the ESM ChairpersonSM Chairperson should be appointed by the European Parliament following a hearing of the candidates designated by the Council; the list of candidates should be gender-balanced. The Chairperson should be subject to regular reporting to the European Parliament;
2012/10/02
Committee: ECON
Amendment 833 #

2012/2151(INI)

Motion for a resolution
Annex – part 4 – point 4.4 – indent 6 a (new)
- The President of the European Council, when involved in the design of specific and detailed policy proposals, should present his proposals in front of the competent committee of the European Parliament.
2012/10/02
Committee: ECON
Amendment 836 #

2012/2151(INI)

Motion for a resolution
Annex – part 4 – point 4.4 – indent 6 b (new)
The Heads of State or Government when acting collectively in the framework of the European Council should be subject to regular reporting to the European Parliament.
2012/10/02
Committee: ECON
Amendment 60 #

2012/2134(INI)

Motion for a resolution
Paragraph 7
7. Stresses that there is no one-size-fits-all mode of finance and calls on the Commission to support the development of a broad range of tailored programmes and instruments, both in equity (such as business angels, crowd funding and access to capital through regulated markets or multilateral trading facilities) and in debt instruments (such as small-ticket company bonds and guarantee facilities);
2012/10/19
Committee: ECON
Amendment 126 #

2012/2134(INI)

Motion for a resolution
Paragraph 23 – point a (new)
(a) Reminds the Commission that raising equity and issuing debt on stock markets represent a complementary source of financing and can also contribute to establishing issuers' credibility in the eyes of the banks ; stresses that the Commission should recognise the role such markets currently play in the EU funding environment, especially with the new constraints under Basel III/CRD IV and Solvency II; invites the Commission to carry out an impact assessment of the financial regulation, including the prudential regulation, in relation with the financing of the economy in Europe.
2012/10/19
Committee: ECON
Amendment 127 #

2012/2134(INI)

Motion for a resolution
Paragraph 23 – point b (new)
(b) Calls on the Commission to ensure an appropriate and tailored regulatory framework for SMEs issuers that does not prove burdensome for them and also wins investors confidence (under the European legislation on accounting standards, the Prospectus Directive, the Transparency Directive, the Market Abuse Directive and the MIFID)
2012/10/19
Committee: ECON
Amendment 11 #

2012/2115(INI)

Motion for a resolution
Recital C
C. whereas, despite certain potential positive effects, SBshadow banking has been identified as one of the main possible triggers or factors contributing to the financial crisis and can weaken the system, especially through regulatory arbitrage and increased systemic risk;
2012/09/18
Committee: ECON
Amendment 33 #

2012/2115(INI)

Motion for a resolution
Paragraph 3
3. Points out that since the crisis some of the practices of SB have vanished; notes, however, that the innovative nature of the SB system may lead to new developments that may pose a source of systemic risk, which should be tackled; stresses, therefore, the need to collect at European level more and better data on shadow banking transactions, market participants, financial flows and interconnections, in order to obtain a full overview of the sector;
2012/09/18
Committee: ECON
Amendment 44 #

2012/2115(INI)

Motion for a resolution
Paragraph 5
5. Supports, therefore, as a first step, the creation and management by the ECB of a central EU database on euro repo transactions, and invites the Commission to submit a legislative proposal for the creation of such a database by the end of 2013, after undertaking a feasibility study;
2012/09/18
Committee: ECON
Amendment 45 #

2012/2115(INI)

Motion for a resolution
Paragraph 5
5. Supports, therefore, as a first step, the creation by the ECB of a central EU database on euro repo transactions fed by infrastructures and custodian banks to the extent that they internalise repo settlement in their own books, and invites the Commission to submit a legislative proposal for the creation of such a database by the end of 2013, after undertaking a feasibility study;
2012/09/18
Committee: ECON
Amendment 65 #

2012/2115(INI)

Motion for a resolution
Paragraph 7
7. Stresses that these new tasks will require a sufficient level of new resources and the creation of a basic reporting framework at the EU level for market infrastructures; notes that the ESRB (European Systemic Risk Board), as the EU macro-prudential body with authority over the whole EU financial sector, is well placed to conduct a continuous monitoring of systemic risks stemming from shadow banking;
2012/09/18
Committee: ECON
Amendment 68 #

2012/2115(INI)

Motion for a resolution
Paragraph 8
8. Emphasises that some SB activities and entities may be either regulated or unregulated depending on the country but also that a consistency of policy initiatives across countries needs to be ensured to avoid regulatory arbitrage which would lead to distorted regulatory incentives; notes further that the financial interdependence between the banking sector and shadow banking entities is currently excessive;
2012/09/18
Committee: ECON
Amendment 94 #

2012/2115(INI)

Motion for a resolution
Paragraph 12
12. Underlines the need to ensure greater transparency in the structure and activities of financial institutions; invites the Commission, taking account of tho launch a dialogue conclusions of the Liikanen report, to propose legislation to separate commercial and investment banks, in particular in order to avoid the financing of SB activities via savings the issue, following the publication of the conclusions of the Liikanen report;
2012/09/18
Committee: ECON
Amendment 6 #

2012/2092(BUD)

Draft opinion
Paragraph 2
2. Believes that the EU budget should not be exempt fromis crucial and should be counter-cyclical, given the efforts of Member States to bring public spending under control and return public finances to sustainability;
2012/07/24
Committee: ECON
Amendment 8 #

2012/2092(BUD)

Draft opinion
Paragraph 2 a (new)
2 a. Is of the opinion that the shortage of financial resources in Member States validates demands for own resources for the EU to an even greater extent;
2012/07/24
Committee: ECON
Amendment 9 #

2012/2092(BUD)

Draft opinion
Paragraph 3
3. Encourages a priority driven approach to budget 2013 with any budget line increase accompanied by a corresponding budget line cut;deleted
2012/07/24
Committee: ECON
Amendment 17 #

2012/2092(BUD)

Draft opinion
Paragraph 4
4. Believes the 2013 budget should be frozenincreased in order to cover the transfer of competences from national to the EU level, resulting from the Lisbon Treaty or to cover, where appropriate, an ad hoc transfer of competences which brings added-value, notably through economies of scale;
2012/07/24
Committee: ECON
Amendment 37 #

2012/2092(BUD)

Draft opinion
Paragraph 9
9. Calls on the Commission to investigate different funding mechanisms, such as an industry funding models, for the ESAsmake use of Article 62 of the ESA regulations which states that the Authorities' revenues shall consist of a combination of obligatory contributions from the national public authorities competent for the supervision of financial institutions, a subsidy from the Union and any fees paid to the Authorities in the cases specified in the relevant instruments of Union law, so as to ensure their independence and objectivity and relieve the burden on the taxpayer;
2012/07/24
Committee: ECON
Amendment 13 #

2012/2077(INI)

Motion for a resolution
Recital H
H. whereas at a conference held in Brussels in April 2012, Commissioner Cioloş stressed that local farming systems and short food supply chains were a key element in the strategy to restore added value for farmers; whereas Special Eurobarometer report 368 found that nine out of 10 people agreed that buying local products was beneficial and that the EU should help to promote their availability, distribution and identification;
2012/08/30
Committee: AGRI
Amendment 49 #

2012/2077(INI)

Motion for a resolution
Paragraph 6
6. Believes that Union promotion policy should reward farmers and food promotion actions which have made substantial efforts to implement sustainable production systems which respond to the new challenges European farmers face, such as loss of biodiversity and soil fertility, as well as climate change;
2012/08/30
Committee: AGRI
Amendment 167 #

2012/2055(INI)

Proposal for a recommendation
Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1 a (new)
Where the customer does not have a fixed address, the provider should send bank statements to the head office of an association to which he belongs.
2012/03/30
Committee: ECON
Amendment 195 #

2012/2055(INI)

Proposal for a recommendation
Annex – recommendation 4 – paragraph 20 a (new)
20a. Member States should encourage banks to develop arrangements for advising their most vulnerable customers in order to help them to act responsibly and manage their budgets.
2012/03/30
Committee: ECON
Amendment 62 #

2012/2043(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recalls that the Parliament in its resolution of 12 May 2011 on antibiotic resistance stressed the need to get a full picture of when, where, how, and on which animals antimicrobials are actually used today, and believes that such data should be collected, analysed and made public by the Commission without delay;
2012/04/04
Committee: AGRI
Amendment 96 #

2012/2043(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Considers that one specific field in need of better enforcement is animal transport, which, although corresponds to only a very limited length of time in the life of an animal, needs to be improved in the light of the scientific data gathered by EFSA as required by Regulation (EC) No 1/2005;
2012/04/04
Committee: AGRI
Amendment 122 #

2012/2043(INI)

Motion for a resolution
Paragraph 11
11. Is particularly concerned that the current derogation for un-stunned slaughter is abused to a large extent in some Member States, to the detriment of animal welfare, of farmers and of consumers; Welcomes theurges the Commission to accelerate its evaluation on the labelling of meat from animals slaughtered without stunning and to present its report before 2013, following its commitment to undertake this evaluation in 2011; highlights that the question of consumers not being informed whether or not the meat they are buying is from animals slaughtered without stunning is an issue of great public interest for reasons of both transparency and animal suffering; Underlines, however, that labelling is not an alternative to proper enforcement as it can only guide consumers if the information provided is verified and correct;
2012/04/04
Committee: AGRI
Amendment 135 #

2012/2043(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on all European major retailers to commit themselves, through the adoption of a joint public declaration, to only sell products which respect or go beyond EU animal welfare legislation;
2012/04/04
Committee: AGRI
Amendment 197 #

2012/2043(INI)

Motion for a resolution
Paragraph 20 – point f
f. effective timely actions against those Member States who do not submit reports or do not fulfil their obligations to carry out controls and inspections;
2012/04/04
Committee: AGRI
Amendment 1 #

2012/2040(INI)

Motion for a resolution
Citation 8 a (new)
- having regard to the European Data Protection Supervisor's (EDPS) response of 11 April 2012 to the Commission public consultation on the Green Paper "Towards an integrated European market for card, internet and mobile payments"1;
2012/07/12
Committee: ECON
Amendment 7 #

2012/2040(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas due to technical progress cards payment systems may progressively be replaced by other electronic and mobile means of payment;
2012/07/12
Committee: ECON
Amendment 13 #

2012/2040(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the current level of MIFs seems to exceed the actual cost of financing the system and constitutes a major barrier for competition in payments' market;
2012/07/12
Committee: ECON
Amendment 43 #

2012/2040(INI)

Motion for a resolution
Paragraph 4
4. Stresses that standardisation should not impose barriers to competition and innovation, but should instead remove obstacles to ensure a level-playing field for all parties; notes, however, the Commission's antitrust investigation into the standardization process for payments over the internet (e-payments) undertaken by the EPC;
2012/07/12
Committee: ECON
Amendment 47 #

2012/2040(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Points out that according to the Commission's feedback statement of the public consultation on the Green Paper, the implementation of the developed standards often represents a major challenge; calls on the Commission to look into possibility of enforcement mechanisms, such as setting of migration end dates;
2012/07/12
Committee: ECON
Amendment 49 #

2012/2040(INI)

Motion for a resolution
Paragraph 5
5. Supports the involvement of all the parties concerned in the further development of common technical and security standards for payment schemes; noturges that these parties may include – but are not necessarily restricted to – the European Payments Council (EPC), consumer organisations, the European Banking Authority, the Single Euro Payments Area (SEPA) Council, the Commission, experts in various fields, non-banking payment service providers and representatives of mobile, internet and card payment providerse Commission to answer previous calls of the European Parliament for thorough reform of SEPA governance so as to ensure better representation of payment services users in decision- making and standard-setting process; recalls the Commission's commitment in the declaration on SEPA governance to the Regulation (EU) No 260/2012, to come up with proposal before the end of 2012;
2012/07/12
Committee: ECON
Amendment 72 #

2012/2040(INI)

Motion for a resolution
Paragraph 10
10. Considers that MIFs can currently be justified as a means to finance the four- party card payment systems; notes that the level of MIFs is sometimes higher than what the financing of the four-party payment system requires;deleted
2012/07/12
Committee: ECON
Amendment 79 #

2012/2040(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses the lack of transparency and the anticompetitive nature of MIFs; urges the Commission to come up with legislation, enforcing fair and transparent business model for card payments, which doesn't distort competition by creating barriers to new market entrants and innovation;
2012/07/12
Committee: ECON
Amendment 86 #

2012/2040(INI)

Motion for a resolution
Paragraph 11
11. Believes that a maximum level for MIFs should not be imposed by regulation at EU level as this could cause the currently low MIFs available in some Member States to rise closer to the maximum level allowdeleted;
2012/07/12
Committee: ECON
Amendment 91 #

2012/2040(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Points out that if this new legislative proposal provides for fees, these should be cost based and full transparency should be ensured on the elements that constitute their rates;
2012/07/12
Committee: ECON
Amendment 100 #

2012/2040(INI)

Motion for a resolution
Paragraph 14
14. Considers that there are crucial differences between the three-party and four-party payment schemes and that each scheme should be treated according to its specificities, though ultim business model for three party payment schemes may raise competition concerns similar to those for four party schemes; believes therefore, both schemes should be treatelyd in an equal manner;
2012/07/12
Committee: ECON
Amendment 112 #

2012/2040(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the Commission to propose solutions that will encourage the co- badging of more than one SEPA- compliant scheme; believes that thorough consideration should be given to issues, such as the compatibility of management procedures, technical interoperability, and liability of security;
2012/07/12
Committee: ECON
Amendment 115 #

2012/2040(INI)

Motion for a resolution
Paragraph 17
17. Welcomes the ban on surcharges for the use of card payments in some Member States; calls on other Member States to consider requiring more transparency on surcharges in order to ensure that the customer knows how much of the surcharge comes from, for example, the MIF and how much is further imposed by the merchant;deleted
2012/07/12
Committee: ECON
Amendment 124 #

2012/2040(INI)

Motion for a resolution
Paragraph 18
18. ConsiderNotes that limiting surcharges to the direct cost of using a payment instrument canmight be beneficial; stresses, however, that allowing or banning surcharging should ultimately be left to the Member States to decidee difficulties to establish cost categories clearly related to a single payment transaction; therefore, urges the Commission to propose a Europe-wide ban on surcharging;
2012/07/12
Committee: ECON
Amendment 131 #

2012/2040(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls on the Commission when developing a strategy and instruments for the integration of payment markets by card, internet and mobile phone, to take into account the standards and recommendations of EDPS regarding transparency, identification of the controller/ processor, proportionality and rights of the data subject;
2012/07/12
Committee: ECON
Amendment 133 #

2012/2040(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. Asks the Commission to extend the concept of privacy by design beyond authentication mechanisms and security safeguards so as to ensure data minimization, to implement privacy by default settings, to limit the access to individual's information to what is strictly needed to provide the service and to implement tools enabling users to better protect their personal data;
2012/07/12
Committee: ECON
Amendment 49 #

2012/2031(INI)

Motion for a resolution
Recital G
G. whereas animal slaughter and meat processing at the closest possible proximity to the breeding location is important for the stimulation ofcan help rural areas andin their sustainable development; however, there are serious economic challenges in sustaining small local slaughterhouses;
2012/06/05
Committee: AGRI
Amendment 104 #

2012/2031(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Calls on the Commission to ensure that applicable legislation regarding animal transport is uniformly enforced throughout the Union. In that respect, sufficient national and regional controls are an important ingredient to avoid distortion of competition among the EU producers.
2012/06/05
Committee: AGRI
Amendment 146 #

2012/2031(INI)

Motion for a resolution
Paragraph 8
8. Believes that given that the Regulation has not fulfilled its aim of limiting the transport of animals, EU policy on the matter should be reviewed and should also be directed at supporting local processing, small and local slaughterhouses and local meat processing plants where possible, based on the supply of animals for slaughter from the immediate vicinity;
2012/06/05
Committee: AGRI
Amendment 188 #

2012/2031(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the improvement in the quality of animal transport, but believes that the Commission findings referred to above are based on the results of surveys carried out among slaughterhouses and business and transport enterprises engaged in the transportation of live animals. The results of the surveys carried out by the Commission may therefore not fully reflect the actual state of affairs recognised by EFSA and the Commission; welcomes the investments made by the sector to achieve improvements in the quality of production systems, transport and slaughter of animals across the Union; takes note that following the considerable investments needed, many producers and slaughterhouses, mostly small ones, have closed down, especially in isolated and peripheral areas of Europe;
2012/06/05
Committee: AGRI
Amendment 193 #

2012/2031(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Believes that animal welfare legislation, as a matter of principle, should be based on science; Calls therefore on the Commission to update the animal transport rules with regards to the gaps between legislation and the latest scientific evidence as identified by EFSA
2012/06/05
Committee: AGRI
Amendment 203 #

2012/2031(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the fact that in its report the Commission used the scientific research presented by the EFSA, which highlights the need to significantly reduce the length of transport time for horses, which correlates with the suggestions advanced in Parliament's Written Declaration of 25 February 2010shows that good animal welfare conditions during transport are mostly affected by the conditions of transport in relation to stocking density, straw, food, water and ventilation as well as the good handling of animals, rather than the duration of travel;
2012/06/05
Committee: AGRI
Amendment 244 #

2012/2031(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Recalls its resolution of 5 May 2010, where the Parliament asked for proper implementation of the rules on animal transport, especially concerning the development of satellite systems to monitor such transport; Deplores that the Commission concludes that such a system is still not fully in use, without suggesting any solutions to remedy the situation; Calls on the Commission and the Member States to, without further delay, make use of modern technology
2012/06/05
Committee: AGRI
Amendment 91 #

2012/2028(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. underlines that the current situation has induced, in the short run, a "flight to quality" (quest for the safest assets, even with very low returns) which at the same time results in funding challenges for banks and other financial institutions;
2012/07/12
Committee: ECON
Amendment 92 #

2012/2028(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. is concerned about the link between banks and the holding of respective government bonds creating a perverse feedback effect when pressure on sovereign debt turns into pressure on banks; recalls that diversification of assets and liabilities is a tool to ensure stability and one of the neglected advantages resulting from the internal market;
2012/07/12
Committee: ECON
Amendment 172 #

2012/2028(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. welcomes the principles of the decision taken by the Eurogroup Summit of June 29 to ensure the stability of the euro "in particular by using the existing EFSF/ESM instruments in a flexible and efficient manner in order to stabilise markets for Member States respecting their Country Specific Recommendations and their other commitments including their respective timelines, under the European Semester, the Stability and Growth Pact and the Macroeconomic Imbalances Procedure"; acknowledges that the conditions will be set in a memorandum of understandings and that the ECB will "serve as an agent to EFSF/ESM in conducting market operations in an effective and efficient manner";
2012/07/12
Committee: ECON
Amendment 184 #

2012/2028(INI)

Motion for a resolution
Paragraph 11
11. Believes that, in parallel, there is an urgent need to recapitalise the European banking sector and to further complete financial integration in the EU; calls on the Commission to put forward proposals for a single financial supervisory authority to oversee systemic financial institutions, a banking resolution regime including a recapitalisation fund and an EU-wide deposit guarantee scheme in the same spirit as the Van Rompuy report "Towards a genuine economic and Monetary Union" and the conclusions of the European Council and the Declaration of the Euro Area Summit of June 29;
2012/07/12
Committee: ECON
Amendment 214 #

2012/2028(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission, in cooperation, where appropriate, with the ECB and the EBA, and in consultation with the Council and the European Parliament, to carefully assess all the technicalities linked to any scheme such as guarantees, tranching and pooling structures, potential collaterals, the balance between rule based and market based fiscal discipline, additional safeguards (notably in terms of participation to any scheme), restructuring, issuance, relations with existing stability mechanisms, the investor base, the regulatory requirements (e.g. capital adequacy), phase-in coverage of debt, maturity; urges the Commission to reflect on a legitimate and appropriate governance and accountability;
2012/07/12
Committee: ECON
Amendment 5 #

2012/2016(BUD)

Draft opinion
Paragraph 4
4. Notes that there is ane Commission’s proposed increase of 5.4% in payment appropriations for rural development, with further payments under the European Economic Recovery Plan also expected in 2013; urges the Commission to monitor the correct implementation of rural development projects with a view to guaranteeing the legitimacy of EU spending and ensure that funds are targeted at economic growth and job creation in rural areas; calls on the Commission to verify with Member States that their estimated demands for a 5.4% increase in payments are accurate and realistic;
2012/05/11
Committee: AGRI
Amendment 61 #

2012/0299(COD)

Proposal for a directive
Recital 7 a (new)
(7a) The attainment of gender equality in society as a whole entails the establishment of equal professional rights for men and women. Active participation of men in family responsibilities is crucial for the attainment of a work-life balance and for the creation of equal career opportunities for both men and women. Attention should therefore be paid to tackling gender stereotypes, inflexible and out-dated employment policies and inadequate parental-leave provisions. Member States are encouraged to ensure the implementation of welfare elements such as modern and fair parental-leave allowances for both women and men, extensive provisions for child- and elderly-care.
2013/05/13
Committee: ECON
Amendment 69 #

2012/0299(COD)

Proposal for a directive
Recital 10
(10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union- level actions encouraging self-regulation, women continue to be strongly outnumbered by men in the highest decision-making bodies of companies throughout the Union. The same is also true of some EU institutions and agencies, such as the European Central Bank, which should be setting an example by representing all citizens. It will be recalled that, during the appointment of a new member of the ECB Executive Board in late 2012, the Heads of State and Government refused to implement a minimum of gender equality, in contravention of Article 2 of the Treaty, despite the negative opinion of the European Parliament. In the private sector and especially in listed companies this gender imbalance is particularly significant and acute. The Commission's key indicator of gender representation on corporate boards shows that the proportion of women involved in top-level business decision- making remains very low. In January 2012, women occupied on average just 13.7 per cent of board seats in the largest publicly listed companies in Member States. Among non-executive directors only 15 per cent were women.
2013/05/13
Committee: ECON
Amendment 86 #

2012/0299(COD)

Proposal for a directive
Recital 16
(16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies, in the view of the fact that Member States and other countries which have chosen this or a similar method have achieved the best results in reducing the under-representation of women in economic decision-making positions. At the same time, Member States are strongly recommended to raise businesses’ awareness of gender equality by policies involving employees' organisations, so that women at all levels of society may benefit from it.
2013/05/13
Committee: ECON
Amendment 93 #

2012/0299(COD)

Proposal for a directive
Recital 17 b (new)
(17b) Owing to their high visibility, the institutions and agencies of the EU should set an example by putting in place, by January 2018, policies for a better gender balance. To enhance representativeness, particular attention needs to be given to recruitment policies for senior management positions. Lists of candidates respecting gender equality should be put forward for each senior management post. The Member States should also be encouraged to appoint women as governors of the national central banks (NCBs) in order to achieve a gender balance in the Governing Council and the General Council of the ECB and on the General Board of the ESRB. Starting [two years after the adoption of this directive] the EU institutions and agencies should publish an annual report setting out their efforts to that end.
2013/05/13
Committee: ECON
Amendment 108 #

2012/0299(COD)

Proposal for a directive
Recital 22 a (new)
(22a) In order to include a broader set of perspectives and experiences in economic decision making, listed companies should be encouraged to take into account not just gender equality but also diversity as regards competence, age, geographical provenance, ethnicity, and educational and professional background in their recruitment policies.
2013/05/13
Committee: ECON
Amendment 148 #

2012/0299(COD)

Proposal for a directive
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in the annual report and on the company’s website and, where the company in question has not met the objectiveindividually set targets, it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objectiveose targets.
2013/05/13
Committee: ECON
Amendment 156 #

2012/0299(COD)

Proposal for a directive
Recital 39
(39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council at two-yearly intervals, starting no later than 31 December 2021. The Directive is due to expire on 31 December 2028. The Commission should assess, in its review, if there is a need to extend the duration of the Directive beyond that period.
2013/05/13
Committee: ECON
Amendment 160 #

2012/0299(COD)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies by establishing binding measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements.
2013/05/13
Committee: ECON
Amendment 204 #

2012/0299(COD)

Proposal for a directive
Article 4 – paragraph 7
7. Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive. Such companies shall, however, continue to set out in their annual reports and on their websites the gender balance on their boards and their policies in this area, in accordance with Article 5(2) of this directive.
2013/05/13
Committee: ECON
Amendment 208 #

2012/0299(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that listed companies undertake individual commitments regarding gender-balanced representation of both sexes among executive directors to be achieved at the latest by 1 January 2020, or, in case of listed companies which are public undertakings, by 1 January 2018. Member States shall ensure that the quota system is accompanied by a genuine gender equality policy at all levels of society, including for example training schemes, career development mentoring programmes, more flexible working hours, flexible parental leave arrangements, etc.
2013/05/13
Committee: ECON
Amendment 215 #

2012/0299(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitmentsDoes not affect English version. Linguistic correction to French.
2013/05/13
Committee: ECON
Amendment 254 #

2012/0299(COD)

Proposal for a directive
Article 9 – paragraph 4
4. In its report, the Commission shall assess whether, in the light of developments in the representation of men and women in the boards of listed companies and at different levels of decision-making throughout the economy and taking into account whether the progress made is sufficiently sustainable, there is a need to extend the duration of this Directive beyond the date specified in Article 10(2) or to amend it. It shall also assess the need to extend the scope of this directive to non-listed companies where this is justified by their size and impact on the market (number of staff, turnover, balance-sheet total, etc.). An appropriate threshold must be set above which the directive will apply.
2013/05/13
Committee: ECON
Amendment 19 #

2012/0295(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) Article 2 of the Treaty of the European Union underlines that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
2013/03/01
Committee: AGRI
Amendment 21 #

2012/0295(COD)

Proposal for a regulation
Recital 2 b (new)
(2 b) Article 6 of the Treaty of the European Union underlines that the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union.
2013/03/01
Committee: AGRI
Amendment 23 #

2012/0295(COD)

Proposal for a regulation
Recital 4
(4) The Fund for European Aid to the Most Deprived (hereinafter the ‘Fund’) should strengthen social cohesion by contributing to the reduction of poverty in the Union by supporting, primarily through the provision of food supplies, national schemes that provide non-financial assistance to the most deprived persons to alleviate food deprivation, homelessness and material deprivation of children.
2013/03/01
Committee: AGRI
Amendment 26 #

2012/0295(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) The Fund cannot replace public policies undertaken by Member State governments to limit the need for emergency food aid and to develop sustainable targets and policies for the full eradication of hunger, poverty and social exclusion.
2013/03/01
Committee: AGRI
Amendment 39 #

2012/0295(COD)

Proposal for a regulation
Recital 15
(15) It is necessary to establish a maximum level of co-financing from the Fund to the operational programmes to provide for a multiplier effect of Union resoThe Member States most in need of the Fund are least likely to be able to afford to co-finance the measurces, while the situation of Member States facing temporary budget difficulties should be addressetherefore the Fund should be 100% funded by the Union in order to ensure the highest possible uptake of the Fund.
2013/03/01
Committee: AGRI
Amendment 43 #

2012/0295(COD)

Proposal for a regulation
Recital 16 a (new)
(16 a) All citizens in the European Union should be treated equally and yet levels of deprivation differ across Member States. The Commission should produce a report showing what percentage the European funds make up of national budgets for aid programmes for most deprived persons.
2013/03/01
Committee: AGRI
Amendment 44 #

2012/0295(COD)

Proposal for a regulation
Recital 16 b (new)
(16 b) Much of the work undertaken by associations working with the provision of food to Europe's most deprived is undertaken by volunteers. Therefore, the process for applying to be a beneficiary of the Fund must not be prohibitively complicated.
2013/03/01
Committee: AGRI
Amendment 47 #

2012/0295(COD)

Proposal for a regulation
Recital 18 a (new)
(18 a) Member States and partner organisations should work actively with large and small scale companies throughout the food supply chain, in line with their corporate and social responsibility programmes, as well as economical incentives, to reduce food waste and to ensure this produce is made available to associations working with Europe's most deprived.
2013/03/01
Committee: AGRI
Amendment 75 #

2012/0295(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
The Fund shall be used to complement national strategies, not to replace or reduce national, long-term, sustainable poverty eradication and social inclusion programmes, which remain the responsibility of Member States.
2013/03/01
Committee: AGRI
Amendment 83 #

2012/0295(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The Fund may support accompanying measures, primarily complementing the provision of food and goods, contributing to the social inclusion of the most deprived persons. It should also encourage collaboration with organisations which focus on the eradication of poverty and long-term social reintegration.
2013/03/01
Committee: AGRI
Amendment 99 #

2012/0295(COD)

Proposal for a regulation
Article 5 – paragraph 12 a (new)
(12 a) The Fund shall be used to complement national strategies, not to replace Member States' authorities' responsibilities, for eradicating poverty and social exclusion, notably through the provision of long-term, sustainable programmes aiming at social reintegration rather than alleviating immediate food deprivation and material needs.
2013/03/01
Committee: AGRI
Amendment 100 #

2012/0295(COD)

Proposal for a regulation
Article 5 – paragraph 12 b (new)
(12 b) Member States, and the bodies designated by them, shall build partnerships with companies throughout the food chain to create programmes allowing food companies to reduce waste and fulfil corporate and social responsability programmes, and for associations working with Europe's most deprived to gain access to food resources.
2013/03/01
Committee: AGRI
Amendment 105 #

2012/0295(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.
2013/03/01
Committee: AGRI
Amendment 136 #

2012/0295(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
This platform shall include encouraging an exchange between those working on immediate material deprivation alleviation and organisations working for longer- term, sustainable social reintegration, and looking at how links could be developed between these different objectives.
2013/03/01
Committee: AGRI
Amendment 169 #

2012/0295(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The co-financing rate at the level of the operational programme shall not be higher than 85be 100% of the public eligible expenditure.
2013/03/01
Committee: AGRI
Amendment 174 #

2012/0295(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. The Commission decision adopting an operational programme shall fix the co- financing rate applicable to the operational programme and the maximum amount of support from the Fund.deleted
2013/03/01
Committee: AGRI
Amendment 178 #

2012/0295(COD)

Proposal for a regulation
Article 19
Increase in payments for Member States with temporary budgetary difficulties 1. At the request of a Member State, interim payments and payments of the final balance may be increased by 10 percentage points above the co-financing rate applicable to the operational programme. The increased rate, which can not exceed 100%, shall apply to requests for payment relating to the accounting period in which the Member State has submitted its request and subsequent accounting periods during which the Member State meets one of the following conditions: (h) where the Member State concerned has adopted the euro, it receives macro- financial assistance from the Union in accordance with Council Regulation (EU) No 407/2010; (i) where the Member State concerned has not adopted the euro, it receives medium- term financial assistance in accordance with Council Regulation (EC) No 332/2002; (j) financial assistance is made available to it in accordance with the Treaty establishing the European Stability Mechanism. 2. Notwithstanding paragraph 1, Union support through interim payments and payments of the final balance shall not be higher than the public support and the maximum amount of support from the Fund, as laid down in the Commission decision approving the operational programme.Article 19 deleted
2013/03/01
Committee: AGRI
Amendment 161 #

2012/0244(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) Given the necessity to be able to oversee highly complex and inter- connected markets and institutions, including conglomerates, which requires close and daily exchanges, it is important that the Supervisory board, the EBA and the EIOPA be located in Frankfurt am Main, where the ECB has its seat.
2012/10/30
Committee: ECON
Amendment 177 #

2012/0244(COD)

Proposal for a regulation
Article 1 – point 1 a (new)
Regulation (EU) No 1093/2010
Article 7
1 a. Article 7 is replaced by the following: "Seat The Authority shall have its seat in Frankfurt am Main."
2012/10/30
Committee: ECON
Amendment 205 #

2012/0244(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EU) No 1093/2010
Article 20 a(new)
3 c. The following Article is inserted after Article 20 : "Article 20a Convergence of Pillar 2 The Authority shall ensure that the supervisory review and evaluation process ("Pillar 2") according to which competent authorities shall set higher own fund requirements in accordance with Directive .../....EU [CRD4] is as convergent as necessary to bring about strong supervisory standards in the Union. The Authority shall develop draft regulatory standards to ensure the conditions of uniform application of that supervisory review and evaluation process with a view to making "Pillar 2" subject to directly applicable law on the basis of which the Authority can apply direct decisions to credit institutions in case of disagreement between competent authorities in accordance with this Regulation."
2012/10/30
Committee: ECON
Amendment 231 #

2012/0244(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 1093/2010
Article 43 – paragraph 1
6 a. In Article 43 paragraph 1 is replaced by the following "1. The Board of Supervisors shall give guidance on the work of the Authority [...]."
2012/10/30
Committee: ECON
Amendment 232 #

2012/0244(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Regulation (EU) No 1093/2010
Article 43 – paragraph 2
6 b. In Article 43 paragraph 2 is replaced by the following "2. The Board of Supervisors may reject, acting by qualified majority, the opinions, recommendations, and decisions, and issue the advice of the Management board referred to in Chapter II."
2012/10/30
Committee: ECON
Amendment 235 #

2012/0244(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
"1. DThe decisions of the Board of Supervisors shall be taken by a simpleManagement board can be rejected by the Board of Supervisors acting by a qualified majority of its members. Each member shall have one vote."
2012/10/30
Committee: ECON
Amendment 240 #

2012/0244(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall takereject decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions."
2012/10/30
Committee: ECON
Amendment 258 #

2012/0244(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1093/2010
Article 45 – paragraph 1 – subparagraph 1
7 a. In Article 45(1) subparagraph 1 is replaced by the following "1. The Management Board shall be composed of the Chairperson and six other members appointed by the European Parliament following a hearing of the candidates designated by the Council of Ministers from among persons of recognised standing and professional experience in banking matters. The list of candidates shall be gender-balanced."
2012/10/30
Committee: ECON
Amendment 263 #

2012/0244(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1093/2010
Article 45 – paragraph 1 – subparagraph 3
"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall include at least twoone representatives from Member States which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationopted- in for the participation with the ECB in accordance with that Regulation. One additional representative may be included in accordance with the number of Member States which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor have opted-in for the participation with the ECB supervisory scheme. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
2012/10/30
Committee: ECON
Amendment 274 #

2012/0244(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Without prejudice to Article 81 of Regulation (EU) No 1093/2010, bBy 1 January 20164, the Commission shall publish a report on the application of the provisions of this Regulation in relation to:
2012/10/30
Committee: ECON
Amendment 278 #

2012/0244(COD)

Proposal for a regulation
Article 2 – paragraph 2
The report shall take ibe forwarded to the European Parliamento account in particular any developments in the number of Member States whose currency is the Euro or whose competent authorities have entered into a close cooperation in accordance with Article 6 of Regulation …/… and shall examine whether in light of such developmend to the Council. The Commission shall make accompanying proposals to the report to establish by 1 January 2016 a single European Supervisory Authority built on the European System for Financial Supervision and competent for all aspects of prudential supervision in the Union. This report shall take intso any further adjustmentsccount the report ofn those provisione experience acquired as a re necessary to ensure that EBA decisionsult of conferring specific tasks on the European Central Bank concerning policies are taken in the interest of maintaining and strengthening the internal market for financial serviceslating to the prudential supervision of credit institutions. The report shall also reflect on the Treaty changes potentially required in order to establish the most efficient system.
2012/10/30
Committee: ECON
Amendment 354 #

2012/0242(CNS)

Proposal for a regulation
Recital 38
(38) In order to carry out its supervisory tasks effectively, the ECB should exercise the supervisory tasks conferred on it in full independence, in particular from undue political influence and from industry interference which would affect its operational independence. At the same time, it is a founding principle of democratic societies that an independent institution bestowed with a public function should be accountable to citizens and their elected representatives for the conduct of its policies. Accountability is therefore an important counterpart of independence. As stated in the interim report "Towards a genuine economic and monetary union" of 12 October 2012, "a further strengthened role of EU institutions must be accompanied with a commensurate involvement of the European Parliament in the EU procedures". The European Parliament should put in place appropriate internal accountability modalities in order to mirror those of the Member States participating to this regulation.
2012/10/30
Committee: ECON
Amendment 385 #

2012/0242(CNS)

Proposal for a regulation
Recital 44 a (new)
(44a) Each Member State whose currency is the euro should ensure consistency between national law and this Regulation, in particular concerning national competent authorities' tasks and powers regarding the tasks conferred to the ECB according to this Regulation. By way of derogation to Article 1.2 of Regulation 98/415/EC, Members States should consult the ECB before adopting any legislative or regulatory acts in order for the ECB to deliver an opinion on national acts implementing Union acts that are not directly applicable.
2012/10/30
Committee: ECON
Amendment 386 #

2012/0242(CNS)

Proposal for a regulation
Recital 44 b (new)
(44b) In order to ensure legal continuity in the prudential surveillance, it is necessary to ensure that all decisions adopted by national competent authorities, pertaining to the tasks conferred upon the ECB by the present Regulation, before its entry into force, remain in force as long as the ECB has not modified or repealed them.
2012/10/30
Committee: ECON
Amendment 394 #

2012/0242(CNS)

Proposal for a regulation
Recital 47 a (new)
(47a) Given the necessity to be able to oversee highly complex and inter- connected markets and institutions, including conglomerates, which requires close and daily exchanges, it is important that the Supervisory board, the EBA and the EIOPA be located in Frankfurt am Main where the ECB has its seat.
2012/10/30
Committee: ECON
Amendment 436 #

2012/0242(CNS)

Proposal for a regulation
Article 3 – paragraph 1
The supervisory board of the ECB shall cooperate closely with the European Banking Authority, the European Securities and Markets Authority, the European Insurance and Occupational Pensions Authority and the European Systemic Risk Board, which form part of the European System of Financial Supervision established by Article 2 of Regulations (EU) No. 1093/2010, (EU) No 1094/2010, and (EU) No 1095/2010.
2012/10/30
Committee: ECON
Amendment 440 #

2012/0242(CNS)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
In accordance with the principle of sincere cooperation pursuant to Article 4(3) of the Treaty on European Union, the parties to the ESFS shall cooperate with trust and full mutual respect, in particular in ensuring the flow of appropriate and reliable information between them.
2012/10/30
Committee: ECON
Amendment 459 #

2012/0242(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. The supervisory board of the ECB shall, in accordance with the relevant provisions of Union law, be exclusively competent to carry out, for prudential supervisory purposes, the following tasks in relation to all credit institutions established in the participating Member States:
2012/10/30
Committee: ECON
Amendment 609 #

2012/0242(CNS)

Proposal for a regulation
Article 6 – title
Close cooperParticipation withof the competent authorities of non participating Member Statesthe Member States with a derogation
2012/10/30
Committee: ECON
Amendment 613 #

2012/0242(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
1. Within the limits set out in this Article, the ECB shall carry out the tasks in the areas referred to in Article 4 (1) and (2) in relation to credit institutions established in a Member State whose currency is not the euro, where a close cooperparticipation has been established between the ECB and the national competent authority of such Member State in accordance with this Article.
2012/10/30
Committee: ECON
Amendment 625 #

2012/0242(CNS)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. The close cooperation between the ECB andparticipation of the national competent authority of a non participating Member StateMember State with a derogation to this Regulation shall be established, by a decision adopted by the ECB, where the following conditions are met:
2012/10/30
Committee: ECON
Amendment 628 #

2012/0242(CNS)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) The Member State concerned notifies the other Member States, the Commission, the ECB and the EBA the request to enter into a close cooperparticipation with the ECB in relation to the exercise of the tasks referred to in Article 4 with regards to all credit institutions established in the Member State concerned;
2012/10/30
Committee: ECON
Amendment 644 #

2012/0242(CNS)

Proposal for a regulation
Article 6 – paragraph 3
3. The decision referred to in paragraph 2 shall determine, in compliance with the Statute of ESCB and of the ECB, the conditions under which representatives of the competent authorities of the Member States which established a close cooperparticipation in accordance with this Article shall take part to the activitiedecisions of the Supervisory Board and of the Governing Council acting in accordance with Article 19(7a).
2012/10/30
Committee: ECON
Amendment 655 #

2012/0242(CNS)

Proposal for a regulation
Article 6 – paragraph 5a* – subparagraph 1
5a. Where the conditions set out in paragraph 2(a) to (c) are no longer met by a Member State concerned, or where its competent authority does not act in accordance with the obligation referred to in paragraph 2(c), the ECB may decide to terminate the close cooperparticipation withof that Member State. * NB: wrongly numbered as a second paragraph ‘5’ in the Commission proposal.
2012/10/30
Committee: ECON
Amendment 739 #

2012/0242(CNS)

Proposal for a regulation
Article 15 – title
Sanctions or other administrative measures
2012/10/30
Committee: ECON
Amendment 753 #

2012/0242(CNS)

Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1
5. In the cases not covered by paragraph 1, wWhere necessary for the purpose of carrying out the tasks conferred upon it by this Regulation, the ECB may requireissue an instruction for national competent authorities to take action in orduse their powers to ensure that appropriate sanctions are imposed. The sanctions applied by national competent authorities will be effective, proportionate and dissuasiveadopt an administrative measure or to open a disciplinary procedure in view of a sanction, as provided for by national law or implementing Union acts with regards to the tasks conferred upon the ECB.
2012/10/30
Committee: ECON
Amendment 754 #

2012/0242(CNS)

Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 2
The first subparagraph shall be applicable in particular to pecuniary sanctionssanctions whether pecuniary or other, as well as administrative measures, to be imposed on credit institutions, financial holding companies or mixed financial holding companies for breaches ofunder national law transposing relevant EU Directives, and to anyincluding for breaches to this national law, and to any pecuniary sanctions or administrative sanctions or measures to be imposed on members of the management board or any other individuals who under national law are responsible for a breach by a credit institution, financial holding company or mixed financial holding companyf a credit institution, financial holding company or mixed financial holding company or any other individuals in one of those entities who under national law may be held personally liable for the case or a breach defined by national law.
2012/10/30
Committee: ECON
Amendment 773 #

2012/0242(CNS)

Proposal for a regulation
Article 16 – paragraph 1
1. WThen carrying out the tasks conferred upon it by this Regulation, the ECB shall act independentl members of the Supervisory Board shall act independently and objectively in the sole interest of the Union as a whole and shall neither seek nor take instructions from the Union institutions or bodies, from any government of a Member State or from any other public or private body.
2012/10/30
Committee: ECON
Amendment 775 #

2012/0242(CNS)

Proposal for a regulation
Article 16 – paragraph 2
2. Neither Member States, the Union institutions, or bodies, offices and agencies and the governments of nor any other public or private body shall seek to influence the Mmember States shall respect that independences of the Supervisory Board in the performance of their tasks.
2012/10/30
Committee: ECON
Amendment 787 #

2012/0242(CNS)

Proposal for a regulation
Article 18 – paragraph 2
2. The ECB shall carry out the tasks conferred upon it by this Regulation without prejudice and separately from its tasks relating to monetary policy and from any other tasks. The tasks conferred upon the ECB by this regulation shall not interfere with the ECB's tasks relating to monetary policy and any other tasks.
2012/10/30
Committee: ECON
Amendment 789 #

2012/0242(CNS)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 a (new)
For this purpose the ECB shall guarantee that the supervisory board is organisationally completely independent and has separated reporting lines from the entities which are tasked with monetary policy and other tasks. This entity shall share its offices with the European Banking Authority, which shall have its seat in Frankfurt am Main.
2012/10/30
Committee: ECON
Amendment 793 #

2012/0242(CNS)

Proposal for a regulation
Article 18 – paragraph 3
3. For the purposes of paragraphs 1 and 2, the ECB shall adopt any necessary internal rules, including rules regarding professional secrecy and to prevent inside information originating from the areas responsible for monetary policy implementation from reaching the areas responsible for the supervisory policy.
2012/10/30
Committee: ECON
Amendment 807 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 1
1. The planning and execution of the tasks conferred upon the ECB, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘six members ('the supervisory board').
2012/10/30
Committee: ECON
Amendment 813 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1 a (new)
The Chair, the Vice-chair and the other members of the Supervisory Board shall be appointed by the European Parliament following a hearing of the candidates designated by the Council from among persons of recognised standing and professional experience in banking matters. The list of candidates shall be gender-balanced.
2012/10/30
Committee: ECON
Amendment 814 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1 b (new)
Only nationals of Member States participating in this regulation may be members of the Supervisory Board.
2012/10/30
Committee: ECON
Amendment 817 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair elected by the members of the Governing Council from the members, with the exception of the President, of the Executive Board, and a Vice-Chair elected by and from the members of the Governing Council of the ECB.deleted
2012/10/30
Committee: ECON
Amendment 833 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 3
3. The Governing Council of the ECB may delegate clearly defined supervisory tasks and related decisions regarding individual or a set of identifiable credit institutions, financial holding companies or mixed financial holding companies to the supervisory board, subject to the oversight and responsibility of the Governing Council.deleted
2012/10/30
Committee: ECON
Amendment 844 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 4
4. The supervisory board may appoint from among its members a steering committee with a more limited composition which supports its activities, including preparing the meetings.deleted
2012/10/30
Committee: ECON
Amendment 851 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 5
5. The representatives of the competent authority of the Member States which established a close cooperation in accordance with Article 6 shall take part to the activities of the supervisory board in accordance with the conditions set out in the decision adopted in accordance with paragraphs 2 and 3 of Article 6, in compliance with the Statute of ESCB and of the ECB.deleted
2012/10/30
Committee: ECON
Amendment 866 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board including rules on the term of office of the Chair and the Vice-Chair. The term of office shall not exceed five years and shall not be renewable.
2012/10/30
Committee: ECON
Amendment 871 #

2012/0242(CNS)

Proposal for a regulation
Article 19 – paragraph 7 a (new)
7a. The supervisory board shall carry out the preparation of the decisions regarding the tasks conferred upon the ECB and propose to the Governing Council the decisions to be adopted. The Governing Council, acting by qualified majority, may reject a decision of the Supervisory board.
2012/10/30
Committee: ECON
Amendment 893 #

2012/0242(CNS)

Proposal for a regulation
Article 21 – paragraph 3
3. The Chair of the supervisory board mayshall, at the request of the European Parliament, beparticipate in a hearding on the execution of its supervisory tasks byin the competent committees of the European Parliament.
2012/10/30
Committee: ECON
Amendment 904 #

2012/0242(CNS)

Proposal for a regulation
Article 21 – paragraph 4 a (new)
4a. The Supervisory board shall also examine specific issues at the invitation of the European Parliament, the Council or the Commission.
2012/10/30
Committee: ECON
Amendment 907 #

2012/0242(CNS)

Proposal for a regulation
Article 21 – paragraph 4 b (new)
4b. The Chair of the Supervisory board shall hold confidential oral discussions at least twice a year and more often if deemed appropriate, behind closed doors with the Chair and Vice-Chairs of the Economic and Monetary Affairs Committee of the European Parliament on the ongoing activity of the ECB. An agreement shall be concluded between the European Parliament and the ECB on the detailed modalities of organising those meetings, with a view to ensuring full confidentiality. The ECB shall provide the Council with a copy of that agreement.
2012/10/30
Committee: ECON
Amendment 936 #

2012/0242(CNS)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
By 31 December 20153, the Commission shall publish a report on the application of this Regulation. That report shall evaluate, inter alia:
2012/10/30
Committee: ECON
Amendment 954 #

2012/0242(CNS)

Proposal for a regulation
Article 26 – paragraph 2
The report shall be forwarded to the European Parliament and to the Council. TFollowing the report the Commission shall make accompanying proposals, as appropriate, to establish by 1 January 2016 a single European Supervisory Authority built on the European System for Financial Supervision and competent for all aspects of prudential supervision in the Union. This report shall take into account the general reports on the experience acquired as a result of the operation of the European Supervisory Authorities (EBA, ESMA, EIOPA) as well as the ESRB and the procedures laid down in their founding regulations. The report shall also reflect on the Treaty changes potentially required in order establish the most efficient system.
2012/10/30
Committee: ECON
Amendment 962 #

2012/0242(CNS)

Proposal for a regulation
Article 27 – paragraph 1
1. From the 1st of July 2013, the ECB shall carry out the supervisory tasks conferred on it also in relation to the most significant credit institutions, financial holding companies and mixed financial holding companies of European systemic importance at the highest level of consolidation, based on their size as reflected in, the sum of exposure values of all assets and off-balance sheet liabilities not deducted when determining the common equity tier 1 capital for regulatory purposes, and their cross- border activity as reflected in cross- jurisdictional claims such as deposits and other assets in respect of customers or other financial operators located in another country and cross-jurisdictional liabilities such as loans and notes in respect of customers or other financial operators located in another country, which together cover at least half of the banking sector in the Euro area as a whole, on 1 January 2013. The ECB shall adopt and make public the list of those institutions before 1 March 2013.deleted
2012/10/30
Committee: ECON
Amendment 974 #

2012/0242(CNS)

Proposal for a regulation
Article 27 – paragraph 2
2. The ECB shall assume in full the tasks conferred on it by this regulation on the 1 January 20143 at latest.
2012/10/30
Committee: ECON
Amendment 976 #

2012/0242(CNS)

Proposal for a regulation
Article 27 – paragraph 3
3. Before 1 January 2014 the ECB may, by a decision addressed to the credit institution, financial holding company or mixed financial holding company and the national competent authority of the participating Member States concerned, start carrying out the tasks conferred on it by this Regulation, in particular where a credit institution, financial holding company or mixed financial holding company has received or requested public financial assistance.deleted
2012/10/30
Committee: ECON
Amendment 982 #

2012/0242(CNS)

Proposal for a regulation
Article 27 – paragraph 6 a (new)
6a. Any decision and/or measure adopted by national competent authorities before the entry into force of this Regulation in the domains where the ECB is conferred prudential surveillance tasks as defined in Article 4 remain in force until the ECB modifies or repeals it in accordance with the conditions to be defined as laid out in Article 5.
2012/10/30
Committee: ECON
Amendment 204 #

2012/0169(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Where investment productPRIP manufacturers subject to this Regulation are also subject to Directive 2003/71/EC, this Regulation and Directive 2003/71/EC shall both apply.
2013/02/20
Committee: ECON
Amendment 207 #

2012/0169(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. Where investment productPRIP manufacturers subject to this Regulation are also subject to Directive 2009/138/EC, this Regulation and Directive 2009/138/EC shall both applyinformation for policyholder requirements under Directive 2009/138/EC, these requirements, when equivalent, are met by the information disclosures under this Regulation.
2013/02/20
Committee: ECON
Amendment 335 #

2012/0169(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b – point vi
(vi) performance scenarios, if this is relevant having regard to the nature of the product;deleted
2013/02/20
Committee: ECON
Amendment 382 #

2012/0169(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e
(e) under a section titled ‘What are the risks and what might I get back?’, the risk and reward profile of the investment product, including a summary indicator of this profile and a warnings in relation to any specific risks that may not be fully refl that the return on the product may be negatively affected inby the summary indicator;risks listed followed by a description of:
2013/02/15
Committee: ECON
Amendment 383 #

2012/0169(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e – point i (new)
i) counterparty, operational and liquidity risks affecting the product;
2013/02/15
Committee: ECON
Amendment 384 #

2012/0169(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e – point ii (new)
ii) sensitivity of the products' performance to effective stress scenarios;
2013/02/15
Committee: ECON
Amendment 385 #

2012/0169(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e – point iii (new)
iii) the leveraged component of the product insofar as this component may multiply the risks;
2013/02/15
Committee: ECON
Amendment 386 #

2012/0169(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point e – point iv (new)
iv) any other specific risks that may not be fully reflected in the summary indicator;
2013/02/15
Committee: ECON
Amendment 405 #

2012/0169(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point g
(g) under a section titled ‘How has it done in the past?’, the past performance of the investment product, if this is relevant having regard to the nature of the product and the length of its track record, including a warning that past performance does not guarantee future investment outcomes and that the risks referred to in the other sections of the KID may have a substantive negative impact on the investment;
2013/02/15
Committee: ECON
Amendment 582 #

2012/0169(COD)

Proposal for a regulation
Article 14 – paragraph 1
The investment product manufacturer and the distributor shall establish appropriate procedures and arrangements which ensure that retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner: (i) retail investors have an effective way of submitting a complaint against the investment product manufacturer and hence of initiating a redress procedure; (ii) retail investors who have submitted a complaint in relation to the key information document receive a substantive reply in a timely and proper manner; and (iii) effective redress procedures are also available to retail investors in the event of cross-border disputes, in particular where the investment product manufacturer is located in another Member State or in a third country.
2013/02/15
Committee: ECON
Amendment 638 #

2012/0169(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
(d a) in the case of a legal person, administrative pecuniary sanctions of up to 10% of the total annual turnover of that legal person in the preceding business year; where the legal person is a subsidiary of a parent undertaking, the relevant total annual turnover shall be the total annual turnover resulting from the consolidated account of the ultimate parent undertaking in the preceding business year;
2013/02/15
Committee: ECON
Amendment 639 #

2012/0169(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point d b (new)
(d b) in the case of a natural person, administrative pecuniary sanctions of up to EUR 5 000 000, or in the Member States where the euro is not the official currency, the corresponding value in the national currency on the date of entry into force of this Regulation.
2013/02/15
Committee: ECON
Amendment 671 #

2012/0169(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. Four years after the date ofAfter the entry into force of this Regulation, the Commission shall review this Regue Union legislation. T in the areview shall include a general survey of the practical application of the rules laid down in this Regulation, taking due account of developments in the market for retail investment products. As regards UCITS as defined in Article 1 (2) of Directive 2009/65/EC, the review shall assess whether the transitional arrangements under Article 24 of this Regulation shall be prolonged, or whether, following the identification of any necessary adjustments, the provisions on key investor information in Directive 2009/65/EC might be replaced by or considered equivalea of financial services with a view to assessing the merits of: (i) introducing standardised key information documents in accordance with the rules introduced by this Regulation in relation to classes of financial instruments not covered by this Regulation, in particular in relation to the products covered by Directive 2003/71/EC and Directive 2009/138/EC; (ii) introducing harmonised market conduct requirements relating to the selling of financial products; and (iii) granting the European Supervisory Authorities and the national competent authorities powers to intervene in relation to specific categories of financial products, including through product prohibitions introduced in the interests of investor protection and financial stability, taking account tof the key investor document under this Regulation. The review shall also reflect on a possible extension of the scope of this Regulation to other financial productpowers introduced in this respect by Regulation (EU) No xx/xx of the European Parliament and of the Council of [date] on markets in financial instruments and amending Regulation [EMIR] on OTC derivatives, central counterparties and trade repositories.
2013/02/15
Committee: ECON
Amendment 678 #

2012/0169(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1 a. Four years after the date of entry into force of this Regulation, the Commission shall review this Regulation. The review shall include a general survey of the practical application of the rules laid down in this Regulation, taking due account of developments in the market for retail investment products. As regards UCITS as defined in Article 1 (2) of Directive 2009/65/EC, the review shall assess whether the transitional arrangements under Article 24 of this Regulation shall be prolonged, or whether, following the identification of any necessary adjustments, the provisions on key investor information in Directive 2009/65/EC might be replaced by or considered equivalent to the key investor document under this Regulation. The review shall also reflect on a possible extension of the scope of this Regulation to other financial products.
2013/02/15
Committee: ECON
Amendment 1101 #

2012/0150(COD)

Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point d
(d) liabiliderivatives with an original maturity of less than one month, that are not early terminated and netted, following a close- out netting procedure;
2012/12/20
Committee: ECON
Amendment 1134 #

2012/0150(COD)

Proposal for a directive
Article 38 – paragraph 3
3. Where resolution authorities apply the bail-in tool, they may exclude from the application of the write-down and conversion powers liabilities arising from derivatives that do not fall within the scope of point (d) of paragraph 2netting agreements of financial contracts defined in Article 63.6, in accordance with Article 43 and 44, if that exclusion is necessary or appropriate to achieve the objectives specified in points (a) and (b) of Article 26(2).
2012/12/20
Committee: ECON
Amendment 1156 #

2012/0150(COD)

Proposal for a directive
Article 39 – paragraph 1
1. Member States shall ensure that the institutions maintain,have atn all times, a sufficientdequate aggregate amount of own funds and eligible liabilities expressed as a percentage of the total liabilities of the institution that do not qualify as own funds under Section 1 of Chapter 2 of Title V of Directive 2006/48/EC or under Chapter IV of Directive 2006/49/EC.
2012/12/20
Committee: ECON
Amendment 1653 #

2012/0150(COD)

Proposal for a directive
Article 114 – paragraph -1a (new)
-1. By 1 January 2015 to the latest, the Commission shall review the procedures for resolving credit institutions and assess the need in particular to set up an Single Resolution Authority matching the Single Supervisory Mechanism.
2012/12/20
Committee: ECON
Amendment 1654 #

2012/0150(COD)

Proposal for a directive
Article 114 – paragraph 1 – point -a (new)
(-a) the necessity to set up an autonomous EU resolution authority;
2012/12/20
Committee: ECON
Amendment 50 #

2012/0084(COD)

Proposal for a regulation
Article 1 – point 3
Regulation (EC) No 223/2009
Article 5a – paragraph 2
2. The procedures for recruitment, transfer and dismissal of heads of NSIs shall be transparent and, based on professional criteria onlyand published on the website of the NSI. They shall ensure that there are equal opportunities, notably as regards gender, and that all positions have both male and female candidates.
2012/11/19
Committee: ECON
Amendment 136 #

2012/0029(COD)

Proposal for a regulation
Recital 6
(6) The Financial Stability Board (FSB) called, on 20 October 2010, for more robust core market infrastructures and asked for the revision and enhancement of the existing standards. TIn April 2012, the Committee on Payments and Settlement Systems (CPSS) of the Bank of International Settlements (BIS) and the International Organisation of Securities Commissions (IOSCO) are finalising draft global standards. These are topublished principles for financial market infrastructures. These principles replace the BISCPSS-IOSCO recommendations from 2001, which were adapted through non-binding guidelines at European level inor securities settlement systems from November 2001, which were implemented at Union level through the recommendations for securities settlement systems and for central counterparties jointly adopted in May 2009 by the European System of Central Banks (ESCB) and the Committee of European Securities Regulators (CESR).
2012/11/12
Committee: ECON
Amendment 139 #

2012/0029(COD)

Proposal for a regulation
Recital 8
(8) One of the basic tasks of the ESCB is to promote the smooth operation of payment systems. In this respect, the members of the ESCB execute oversight by ensuring efficient and sound clearing and payment systems. The members of the ESCB often act as settlement agents for the cash leg of the securities transactions. They are also important clients of CSDs, which often manage the collateralisation of monetary policy operations. The members of the ESCB should be closely involved by beingand be consulted in the authorisation and supervision of CSDs, recognition of third country CSDs and the approval of CSD links. To prevent the emergence of parallel sets of rules, they should also be closely involved by beingand be consulted in the setting of regulatory and implementing technical standards as well as of guidelines and recommendations. The provisions of this Regulation should bare without prejudice to the responsibilities of the European Central Bank (ECB) and the National Central Banks (NCBs) to ensure efficient and sound clearing and payment systems within the Union and other countries. Access to information by the members of the ESCB is crucial for the adequate performance of their oversight of financial market infrastructures as well as to the function of a central bank of issue.
2012/11/12
Committee: ECON
Amendment 159 #

2012/0029(COD)

Proposal for a regulation
Recital 25
(25) Considering the global nature of financial markets and the systemic importance of the CSDs, it is necessary to ensure international convergence of the prudential requirements to which they are subject. The provisions of this Regulation should follow the existing recommendations developed by CPSS- IOSCO and ESCB-CESRCPSS-IOSCO principles for financial market infrastructures and the ESCB-CESR recommendations for securities settlement systems and recommendations for central counterparties in the European Union. ESMA should consider the existing standards and their future developments when drawing up or proposing to revise theproposing the draft regulatory technical and implementing standards as well as the guidelines and recommendations requiredferred to in this Regulation.
2012/11/12
Committee: ECON
Amendment 183 #

2012/0029(COD)

Proposal for a regulation
Recital 35
(35) The safety of the link arrangements set up between CSDs should be subject to specific requirements to enable the access of their respective participants to other securities settlement systems. The requirement to provide banking type of ancillary services in separate legal entity should not prevent CSDs from receiving such services, in particular when they are participants in a securities settlement system operated by another CSD. It is particularly important that any potential risks resulting from the link arrangements such as credit, liquidity, organisational or any other relevant risks for CSDs are fully mitigated. For interoperability links, it is important that linked securities settlement systems have identicalthe Directive 98/26/EC requires systems, to the extent possible, to ensure that their rules are coordinated concerning the moments of entry of transfer orders into the system, irrevocability of transfer orders and finality of transfers of securities and cash. The same principles should apply to CSDs that use a common settlement information technology (IT) infrastructure.
2012/11/12
Committee: ECON
Amendment 200 #

2012/0029(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. Articles 9 to 18 and 20 as well as the provisions of Title IV doThis Regulation shall not apply to the members of the European System of Central Banks (ESCB), other Member States‘ national bodies performing similar functions or Member States’' public bodies charged with or intervening in the management of the public debt.
2012/11/12
Committee: ECON
Amendment 203 #

2012/0029(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. Notwithstanding paragraph 4, this Regulation, with the exception of Article 7(1) and Articles 9 to 18, 20, 25 and 44 as well as the provisions of Title IV, applies to the members of the ESCB when operating a securities settlement system and performing the core services listed in Section A of the Annex.
2012/11/12
Committee: ECON
Amendment 206 #

2012/0029(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘central securities depository’ (‘CSD’) means a legal person that operates a securities settlement system listed in point 3 of Section A of the Annex and performs at least one of ther core services listed in Section A of the Annex;
2012/11/12
Committee: ECON
Amendment 245 #

2012/0029(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Any companlegal entity that issues transferable securities which are admitted to trading on regulated markets shall arrange for such securities to be represented in book-entry form as immobilisation through the issuance of a global note, which represents the whole issue, or subsequent to a direct issuance of the securities into a dematerialised form.
2012/11/12
Committee: ECON
Amendment 279 #

2012/0029(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
The European Securities and Markets Authority (ESMA) shall develop in consult, in close cooperation with the members of the European System of Central Banks (ESCB), shall develop draft regulatory technical standards to specify the details of the procedures enabling confirmation of relevant details of transactions and facilitating settlement referred to in paragraphs 1 and 2 and the details of the monitoring tools identifying likely settlement fails referred to in paragraph 3.
2012/11/12
Committee: ECON
Amendment 281 #

2012/0029(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. For each securities settlement system it operates, a CSD shall establish a system that monitors settlement fails of transactions in financial instruments referred to in Article 5(1). It shall provide regular reports to the competent authority, to the authorities referred to in Article 11 and to any person with a legitimate interest as to the number and details of settlement fails and any other relevant information. The competent authorities shall share with ESMA any relevant information on settlement fails.
2012/11/12
Committee: ECON
Amendment 304 #

2012/0029(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The relevant authority of the Member State whose law applies to the securities settlement system operated by a CSD shall be competenties referred to in Article 10 shall be responsible for ensuring that Articles 6 and 7 are applied and for monitoring theany penalties imposed, in close cooperation with the authorities competent for the supervision of the regulated markets, MTFs, OTFs, and CCPs referred to in Article 7, and the authorities referred to in Article 11(1). In particular, these authorities shall monitor the application of penalties referred to in Article 7 (2) and (4) and of the measures referred to in Article 7(6).
2012/11/12
Committee: ECON
Amendment 305 #

2012/0029(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. In order to ensure consistent, efficient and effective supervisory practices within the Union in relation to Articles 6 and 7 of this Regulation, ESMA may issue, in close cooperation with the members of the ESCB, guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010.
2012/11/12
Committee: ECON
Amendment 312 #

2012/0029(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point b
(b) where applicable, the central bank in the Union in whose books the cash leg of a securities settlement system operated by the CSD is settled or, in case of settlement through a credit institution in accordance with Title IV, the central bank in the Union of issue of the relevant currencyssuing the currency in which settlement takes place.
2012/11/12
Committee: ECON
Amendment 314 #

2012/0029(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point b a (new)
(b a) where relevant, the member of the ESCB in whose books the cash leg of a securities settlement system operated by the CSD is settled.
2012/11/12
Committee: ECON
Amendment 318 #

2012/0029(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
In order to ensure consistent, efficient and effective supervisory practices within the Union, including cooperation between authorities referred to in Articles 9 and 11 in the different assessments necessary for the application of this Regulation, ESMA, in close cooperation with the members of the ESCB, may issue guidelines addressed to authorities referred to in Article 9 in accordance with Article 16 of Regulation (EU) No 1095/2010.
2012/11/12
Committee: ECON
Amendment 320 #

2012/0029(COD)

Proposal for a regulation
Article 13 – paragraph 1
TWithout prejudice to the notification referred to in Article 6 of Directive 98/26/EC, the authorities referred to in Articles 9 and 11 shall immediately inform ESMA, the ESRB and each other of any emergency situation relating to a CSD, including of any developments in financial markets, which may have an adverse effect on market liquidity, the stability of a currency in which settlement takes place, integrity of monetary policy and on the stability of the financial system in any of the Member States where the CSD or one of its participants are established.
2012/11/12
Committee: ECON
Amendment 326 #

2012/0029(COD)

Proposal for a regulation
Article 15 – paragraph 5 – subparagraph 1 – introductory part
The competent authority shall, before granting authorisation to the applicant CSD, consult the competent authorities and the authorities referred to in Article 11 of the other Member State involved in the following cases:
2012/11/12
Committee: ECON
Amendment 350 #

2012/0029(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Central banks shall immediatelyMembers of the ESCB shall inform ESMA of any CSDsecurities settlement system that they operate.
2012/11/12
Committee: ECON
Amendment 354 #

2012/0029(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. The competent authority shall, at least on an annual basis, review the arrangements, strategies, processes and mechanisms implemented by a CSD with respect to compliance with this Regulation and evaluate the risks to which the CSD is, or might be, exposed or associated with. The competent authority shall be entitled to collect all the relevant information necessary for its evaluation.
2012/11/12
Committee: ECON
Amendment 360 #

2012/0029(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. When performing the review and evaluation referred to in paragraph 1, the competent authority shall consult at an early stagelosely cooperate with the relevant authorities referred to in Article 11 at an early stage concerning the functioning of the securities settlement systems operated by the CSD.
2012/11/12
Committee: ECON
Amendment 362 #

2012/0029(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. The competent authority shall discuss regularly, and at least once a year, informin advance with the relevant authorities referred to in Article 11 of the results, including any remedial actions or penalties, of the review and evaluation referred to in paragraph 1.
2012/11/12
Committee: ECON
Amendment 365 #

2012/0029(COD)

Proposal for a regulation
Article 20 a (new)
Article 20 a Professional secrecy 1. The obligation of professional secrecy shall apply to all persons who work or who have worked for the authorities referred to in Articles [10 and 11] and ESMA, and auditors and experts instructed by the competent authorities, ESMA or the ESRB. Confidential information they may receive in the course of their duties shall not be divulged to any other person or authority whatsoever, except in summary or aggregate form such that an individual CSD or any other person cannot be identified, without prejudice to cases covered by criminal law or taxation or the other provisions of this Regulation. 2. Where a CSD has been declared bankrupt or is being compulsorily wound up, confidential information which does not concern third parties may be divulged in civil or commercial proceedings where necessary for carrying out the proceeding. 3. Without prejudice to cases covered by criminal and tax law, the authorities referred to in Articles 10 and 11, ESMA, bodies or natural or legal persons other than competent authorities which receive confidential information pursuant to this Regulation may use it only in the performance of their duties and for the exercise of their functions including the disclosure of information to a superior body, in the case of the competent authorities, within the scope of this Regulation or, in the case of other authorities, bodies or natural or legal persons, for the purpose for which such information was provided to them or in the context of administrative or judicial proceedings specifically related to the exercise of those functions, or both. Where ESMA, the competent authority or another authority, body or person communicating information consents thereto, the authority receiving the information may use it for other non- commercial purposes. 4. Any confidential information received, exchanged or transmitted pursuant to this Regulation shall be subject to the conditions of professional secrecy laid down in paragraphs 1, 2 and 3. However, those conditions shall not prevent ESMA, or the authorities referred to in Articles 10 and 11, from exchanging or transmitting confidential information in accordance with their statutory tasks and with other legislation applicable to investment firms, credit institutions, pension funds, undertakings for collective investment in transferable securities (UCITS), alternative investment fund managers (AIFMs), insurance and reinsurance intermediaries, insurance undertakings, regulated markets or market operators or otherwise with the consent of the competent authority or other authority or body or natural or legal person that communicated the information. 5. Paragraphs 1, 2 and 3 shall not prevent the authorities referred to in Articles 10 and 11 from exchanging or transmitting confidential information, in accordance with national law, that has not been received from a competent authority of another Member State.
2012/11/12
Committee: ECON
Amendment 366 #

2012/0029(COD)

Proposal for a regulation
Article 20 b (new)
Article 20 b Exchange of information 1. ESMA, the authorities referred to in Articles 10 and 11 and other relevant authorities shall without undue delay provide one another with the information required for the purposes of carrying out their duties. 2. The authorities referred to in Articles 10 and 11, other relevant authorities, ESMA and other bodies or natural and legal persons receiving confidential information in the exercise of their duties under this Regulation shall only use it in the course of their duties. 3. Competent authorities shall communicate information to the ESRB and to the relevant members of the ESCB where such information is relevant for the exercise of their duties.
2012/11/12
Committee: ECON
Amendment 374 #

2012/0029(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point b
(b) a programme of operations stating in particular the services which it intends to provide, including the currency or currencies it processes;
2012/11/12
Committee: ECON
Amendment 378 #

2012/0029(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Within three months from the receipt of the information referred to in paragraph 2, the competent authority shall communicate that information to the authorities referred to in Article 11 and the competent authority of the host Member State unless, by taking into account the provision of services envisaged, it has reasons to doubt the adequacy of the administrative structure or the financial situation of the CSD wishing to provide its services in the host Member State.
2012/11/12
Committee: ECON
Amendment 397 #

2012/0029(COD)

Proposal for a regulation
Article 22 – paragraph 7 – subparagraph 1
ESMA, in close cooperation with the members of the ESCB, shall develop draft implementing technical standards to establish standard forms, templates and procedures for the cooperation arrangements referred to in paragraphs 1, 3 and 5.
2012/11/12
Committee: ECON
Amendment 402 #

2012/0029(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point b
(b) the CSD is subject to effective authorisation and supervision, supervision and oversight or, if the securities settlement system is operated by a central bank, oversight, ensuring a full compliance with the prudential requirements applicable in that third country;
2012/11/12
Committee: ECON
Amendment 403 #

2012/0029(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point c
(c) co-operation arrangements between ESMA and the competerelevant authorities in that third country have been established pursuant to paragraph 7.
2012/11/12
Committee: ECON
Amendment 404 #

2012/0029(COD)

Proposal for a regulation
Article 23 – paragraph 3 – point c
(c) the authorities referred to in point (a) of Article 11(1);
2012/11/12
Committee: ECON
Amendment 415 #

2012/0029(COD)

Proposal for a regulation
Article 25 – paragraph 5
5. A CSD shall clearly determine the roles and responsibilities of the board and shall make the minutes of the board meetings available to the competent authority and the auditor.
2012/11/12
Committee: ECON
Amendment 423 #

2012/0029(COD)

Proposal for a regulation
Article 28 – paragraph 5
5. Paragraphs 1 to 4 shall not apply where a CSD outsources some of its services or activities to a public entity and where that outsourcing is governed by a dedicated legal, regulatory and operational framework which has been jointly agreed and formalised by the public entity and the relevant CSD and agreendorsed by the competent authorities on the basis of the requirements established in this Regulationf the relevant CSD.
2012/11/12
Committee: ECON
Amendment 458 #

2012/0029(COD)

Proposal for a regulation
Article 36 – paragraph 6
6. A CSD shall achieve settlement finality no later than by the end of the business day of the intended settlement date. Upon demand by its user committee, it shall install systemoperational procedures that allow for intraday or real-time settlement.
2012/11/12
Committee: ECON
Amendment 463 #

2012/0029(COD)

Proposal for a regulation
Article 37 – paragraph 1
1. For transactions denominated in the currency of the country where the settlement takes place, a CSD shall settle the cash payments of its respective securities settlement system through accounts opened with athe central bank operating in suchf issue of that currency whenever practical and available.
2012/11/12
Committee: ECON
Amendment 473 #

2012/0029(COD)

Proposal for a regulation
Article 39 – paragraph 1
A CSD shall adopt a sound risk- management framework for comprehensively managing legal, business, operational, systemic and other risks.
2012/11/12
Committee: ECON
Amendment 488 #

2012/0029(COD)

Proposal for a regulation
Article 45 – paragraph 4
4. In case of a provisional transfer of securities between linked CSDs, retransfer or onward transfer to a third CSD of securities prior to the first transfer becoming final shall be prohibited.
2012/11/12
Committee: ECON
Amendment 491 #

2012/0029(COD)

Proposal for a regulation
Article 45 – paragraph 8 a (new)
8 a. A CSD shall provide appropriate account structures to enable participants, including other CSDs, to connect to its systems. The account structure shall be supported by the appropriate settlement, custody and fiscal arrangements.
2012/11/12
Committee: ECON
Amendment 493 #

2012/0029(COD)

Proposal for a regulation
Article 45 – paragraph 9 – subparagraph 1
ESMA shall develop in consultlose cooperation with the members of the ESCB draft regulatory technical standards to specify the conditions as provided in paragraph 3 under which each type of link arrangement provides for adequate protection of the linked CSDs and of their participants, in particular when a CSD intends to participate in the securities settlement system operated by another CSD, the monitoring and managing of additional risks referred to in paragraph 5 arising from the use of intermediaries, the reconciliation methods referred to in paragraph 6, the cases where DVP settlement through links is practical and feasible as provided in paragraph 7, the provisions of paragraph [8a] on the appropriate account structures including the relevant arrangements and the methods of assessment thereof.
2012/11/12
Committee: ECON
Amendment 497 #

2012/0029(COD)

Proposal for a regulation
Article 46 – paragraph 1
1. AWithout prejudice to Articles 2(a), 9 and 10 of Directive 98/26/EC, any question with respect to proprietary aspects in relation to financial instruments held by a CSD shall be governed by the law of the country where the account is maintained. The account shall be presumed to be maintained at the place where the CSD has its habitual residence as determined by Article 19 of Regulation (EC) No 593/2008 of the European Parliament and the Council.
2012/11/12
Committee: ECON
Amendment 499 #

2012/0029(COD)

Proposal for a regulation
Article 46 – paragraph 2
2. Where the account is used for settlement in a securities settlement systemlaw of the Member State where the account is maintained differs from the law governing the securities settlement system, and the securities settlement system has been designated in accordance with Article 2 of Directive 98/26/EC, the applicable law shall be the one governing that securities settlement system.
2012/11/12
Committee: ECON
Amendment 501 #

2012/0029(COD)

Proposal for a regulation
Article 46 – paragraph 3
3. Where the account is not used for settlement in a securities settlement system, that account shall be presumed to be maintained at the place where the CSD has its habitual residence as determined by Article 19 of Regulation (EC) No 593/2008 of the European Parliament and the Council.deleted
2012/11/12
Committee: ECON
Amendment 521 #

2012/0029(COD)

Proposal for a regulation
Article –52 (new)
Article –52 Assessment report By the end of 2014, the Commission shall, in close cooperation with the ECB, submit a report assessing the provision of ancillary banking services with an appropriate mitigation of risks, whilst safeguarding the efficiency of CSDs in providing their services. In accordance with the conclusions of that report, the Commission shall submit a legislative proposal to amend Title IV if appropriate.
2012/11/12
Committee: ECON
Amendment 545 #

2012/0029(COD)

Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 2
Following a detailed impact assessment, a consultation of the undertakingsCSD concerned and after taking into account the opinions of the EBA, the ESMA and the EC, the ECB and the supervisory authorities and the assessment of the ESRB, the Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 66. The Commission shall give reasons for its implementing decision.
2012/11/12
Committee: ECON
Amendment 558 #

2012/0029(COD)

Proposal for a regulation
Article 52 – paragraph 3
3. A CSD that intends to settle the cash leg of all or part of its securities settlement system in accordance with Article 37(2) of this Regulation shall obtain authorisation to designate for this purpose an authorised credit institution as provided in Title II of Directive 2006/48/EC, unless the competent authority referred to in Article 53(1) of this Regulation demonstrates, based on the available evidence, that the exposure of one credit institution to the concentration of risks under Article 57(3) and (4) of this Regulation is not sufficiently mitigated. In the latter case, the competent authority referred to in Article 53(1) may require the CSD to designate more than one credit institution. The designated credit institutions shall be considered as settlement agents as defined in point (d) of Article 2 of Directive 98/26/EC.
2012/11/12
Committee: ECON
Amendment 596 #

2012/0029(COD)

Proposal for a regulation
Article 53 – paragraph 5 – subparagraph 1
ESMA shall develop in consultlose cooperation with the members of the ESCB and EBA draft regulatory technical standards to specify the information that the applicant CSD shall provide to the competent authority.
2012/11/12
Committee: ECON
Amendment 1 #

2011/2319(INI)

Motion for a resolution
Citation 1
– having regard to the Communication from the Commission of 23 November 20121 on the Annual Growth Survey 2012 (COM(2011)0815),
2012/01/12
Committee: ECON
Amendment 16 #

2011/2319(INI)

Motion for a resolution
Paragraph 2
2. Recalls that the Annual Growth Survey 2011 and a number of other initiatives such as the Euro Plus Pact, which needs to be implemented through national and European legislation, already contained most of the elements which are necessary to regain confidence, increase competitiveness and achieve growth;
2012/01/12
Committee: ECON
Amendment 21 #

2011/2319(INI)

Motion for a resolution
Paragraph 4
4. Agrees that the AGS, and the official positions published by the other European institutions, should continue to lay the basis for building the necessary common understanding about the priorities for action at national and EU level for the next twelve months, which should then feed into national economic and budgetary decisions, in line with the EU's country- specific recommendations;
2012/01/12
Committee: ECON
Amendment 30 #

2011/2319(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Welcomes the evaluation of the progress of the flagship initiatvies of the EU 2020 strategy, but underlines that the fight against social exclusion and poverty should remain at the centre of every policy;
2012/01/12
Committee: ECON
Amendment 31 #

2011/2319(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Believes that access to basic banking services remains a key factor for social inclusion and therefore encourages the Commission to take bolder actions to guarantee this access;
2012/01/12
Committee: ECON
Amendment 37 #

2011/2319(INI)

Motion for a resolution
Paragraph 6
6. Acknowledges the interdependence between Member State economies and fiscal policies; stresses that the growth prospects of all Member States, whether they are currently in the Euro area or not, are highly dependent on how decisively the sovereign debt crisis is dealt with; urges Member States to correct their excessive deficits by the deadlines set by the Council and to better focus on investment and growth orientated expenditure;
2012/01/12
Committee: ECON
Amendment 50 #

2011/2319(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the fact that a major overhaul of regulation and supervision of the financial sector is underway;deleted
2012/01/12
Committee: ECON
Amendment 66 #

2011/2319(INI)

Motion for a resolution
Paragraph 10
10. Is worried by the fact that many Member States, in particular those under market pressure, are falling behind in terms of productivity; insists on the role of structural reforms in tackling this problem; is worried by the fact that the bulk of global growth is expected to come from outside the EU in the coming years, which will necessitate a strengthening of the export capacity of Member States, as well as providing a stable framework for direct foreign investment;
2012/01/12
Committee: ECON
Amendment 83 #

2011/2319(INI)

Motion for a resolution
Paragraph 13
13. Regrets the slow pace of the implementation of EU legislation by certain Member States and urges them to deliver the agreed results concerning the quality of statistics; is firmly convinced that the availability of reliable, accurate and up-to-date data provides a key element of the political decision making process; calls on the Member States to implement the recently adopted Council Directive on Requirements for the Budgetary Framework of the Member States as soon as possible;
2012/01/12
Committee: ECON
Amendment 88 #

2011/2319(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Encourages the Commission, considering that the AGS covers much more than just economic elements, to develop programmes for specific policy sectors, such as defense, where joint management or joint ownership between multiple Member States would provide economies of scale, which would bring added-value and financial savings to the Member States involved;
2012/01/12
Committee: ECON
Amendment 89 #

2011/2319(INI)

Motion for a resolution
Paragraph 14 b (new)
14 b. Underlines, in the current economic context, the even more crucial role played by community funded programs and encourages the Commission to put forward a proposal to fund EU 2020 strategy actions through the transfer of unused payment appropriations;
2012/01/12
Committee: ECON
Amendment 96 #

2011/2319(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Recalls that the economic governance legal framework ('the six pack') provides the tool of economic dialogue: "in order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council, the Commission and, where appropriate, the President of the European Council or the President of the Eurogroup to appear before the committee to discuss decisions taken...The competent committee of the European Parliament may offer the opportunity to the Member State concerned by such decisions to participate in an exchange of views"; calls on this tool, which enables economic co- operation and mutual understanding, to be utilised as much as possible;
2012/01/12
Committee: ECON
Amendment 5 #

2011/2175(INI)

Motion for a resolution
Recital C a (new)
Ca. Whereas the food aid distributed under the EU’s “Food Distribution programme for the Most Deprived Persons of the Community” plays a key role in assisting many NGOs and charity organisations in addressing hunger and undernourishment within the EU,
2011/10/03
Committee: AGRI
Amendment 9 #

2011/2175(INI)

Motion for a resolution
Recital F
F. whereas reducing food waste is a significant and indeed a preliminary step towards combating and reducing hunger and undernourishment in the world, confronting the increase in demand predicted by the FAO and improving people's nutritional levels,
2011/10/03
Committee: AGRI
Amendment 19 #

2011/2175(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas food waste occurs across the entire food supply chain from the agricultural production stage, to the storage, processing, distribution, management and consumption stages,
2011/10/03
Committee: AGRI
Amendment 20 #

2011/2175(INI)

Motion for a resolution
Recital J
J. whereas the players in the food supply chain are chiefly responsible for food security and addressing avoidable food waste where possible,
2011/10/03
Committee: AGRI
Amendment 26 #

2011/2175(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Council, Commission and, Member States to encourage ways of improving the efficiency ofand players in the food supply chain andto addressing as a matter of urgency the problem of food waste along the entire supply chain; urges them to prioritise both of these aspect and to devise guidelines and support ways of improving the efficiency of the food supply chain sector by sector and urges them to prioritise this within the European policy agenda;
2011/10/03
Committee: AGRI
Amendment 31 #

2011/2175(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Council, Commission, Member States and players in the food supply chain to work together to develop a system of resource mapping and implement a policy to encourage resource efficiency over the entire lifecycle of food products;
2011/10/03
Committee: AGRI
Amendment 45 #

2011/2175(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Invites the Commission to work towards harmonising EU food waste data requirements as there is no reliable evidence base to validate food waste figures across EU Member States and to use as the basis for designing effective food waste policy measures;
2011/10/03
Committee: AGRI
Amendment 50 #

2011/2175(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Urges the Commission, Member States and farming organisations to increase public awareness of the importance and value of agriculture to society and the value of agricultural produce;
2011/10/03
Committee: AGRI
Amendment 52 #

2011/2175(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Calls on the Commission, Member States and processors to develop guidelines to address avoidable food waste and to implement greater resource efficiency in their section of the food supply chain, to continuously work to improve processing, packaging and transporting so as to cut down on unnecessary food waste;
2011/10/03
Committee: AGRI
Amendment 53 #

2011/2175(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Urges the Commission, Member States and retailers to devise and implement voluntary agreements to pledge to take further resource efficiency measures and to address unnecessary food waste in their section of the food supply chain;
2011/10/03
Committee: AGRI
Amendment 58 #

2011/2175(INI)

Motion for a resolution
Paragraph 9
9. Urges the Commission and the Member States to promote awareness-raising campaigns to inform the public about the causes and effects of food waste and, ways of reducing it and to inform them of the value of food and agricultural produce, fostering a scientific and civic culture guided by the principles of sustainability and solidarity; calls for the introduction of food education courses giving practical tips on food expiration, storage, keeping food at its best and food disposal, particularly in secondary schools and colleges, so as to encourage better behaviour; stresses the important role played by local authorities and, municipal enterprises and retailers in providing information and support to citizens on preventing and reducing food waste;
2011/10/03
Committee: AGRI
Amendment 65 #

2011/2175(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on retailers to engage with food redistribution programmes for citizens who lack purchasing power and to implement measures allowing for products nearing expiry to be discounted;
2011/10/03
Committee: AGRI
Amendment 75 #

2011/2175(INI)

Motion for a resolution
Paragraph 12
12. Invites the Commission to consider possible amendments to the public procurement rules on catering and hospitality services so that, all other conditions being equal, when contracts are awarded priority is given to undertakings that guarantee that they will redistribute for free any unallocated (unsold) items to groups of citizens who lack purchasing power and that promote specific activity to reduce waste upstream;
2011/10/03
Committee: AGRI
Amendment 81 #

2011/2175(INI)

Motion for a resolution
Paragraph 13
13. Invites the Commission to assess and encourage measures to reduce food waste upstream, such as addressing the problems caused by dual-date labelling (‘sell by’ and ‘use by’) and discounted sales of out-of- date or damaged goods, as well as to improve packaging to increase the longevity of the storage of goods and their freshness and to reduce packaging so as to achieve eco- friendly products by means of industrial eco-design;
2011/10/03
Committee: AGRI
Amendment 83 #

2011/2175(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Considers it essential that there is greater clarity and coherence in labelling in relation to food expiration, consistent storage and freezing guidelines for consumers, and for the Commission, Member States and food producers to ensure more effective measures are put in place to inform consumers of food edibility criteria;
2011/10/03
Committee: AGRI
Amendment 11 #

2011/2156(INI)

Motion for a resolution
Recital D
D. whereas on 10 May 2010, the ECB announced ithat the Eurosystem would intervene directly but temporarily in the euro area public and private debt securities markets through the Securities Markets Programme, the book value of settled purchases of which amounted to EUR 77110.5 billion ion June19 August 2011,
2011/09/08
Committee: ECON
Amendment 46 #

2011/2156(INI)

Motion for a resolution
Paragraph 3
3. Rrecalls that the singleprimary objective of ECB is price stability; notes that de facto financial stability is becoming a second objective; also notes the work of the ESRBthe ESCB shall be to maintain price stability in accordance with article 282 of the TFEU ; and that it thereby contributes to financial stability; welcomes the creation of the ERSB on 1 January 2011 under the auspices of the ECB on financial stability;
2011/09/08
Committee: ECON
Amendment 51 #

2011/2156(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. underlines that the rebuying of bonds on the secondary markets is justified by the aim of restoring a monetary policy which functions effectively, during this period of exceptional malfunction of certain sectors of the market; these programmes of rebuying bonds are complemented by programmes neutralising liquidity;
2011/09/08
Committee: ECON
Amendment 71 #

2011/2156(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Welcomes the entrance of Estonia into the eurozone as a proof of the strength of the euro project as a common currency.
2011/09/08
Committee: ECON
Amendment 74 #

2011/2156(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the determination and proactive stance of the ECB throughout the crisis since 2007 and in particular during the summer 2011 when some major EU economies were put in difficulty;
2011/09/08
Committee: ECON
Amendment 105 #

2011/2156(INI)

Motion for a resolution
Paragraph 10
10. Notes the rapid evolutxpansion of the leverage ratio of the ECB, measured by its capitbalance sheet of the ECB in October 2008; notes, however, that by mid-August 2011 the bal and reserves in relation to assets; notes that this leverage ratio by far exceeds that of other comparable central banks, with the exception of those having implemented quantitative easing programmes, such as the Federal Reserve or the Bank of Englandce sheet has already shrunk by around 10% from its peak; notes that the increase is in line with other comparable central banks, and is significantly less than those central banks having implemented quantitative easing programmes, such as the Federal Reserve or the Bank of England, which are respectively of 216 % and 200 % as noted by Jean-Claude Trichet in ECON on August 29th 2011;
2011/09/08
Committee: ECON
Amendment 131 #

2011/2156(INI)

Motion for a resolution
Paragraph 14
14. Calls on the ECB to put in place in the Security Markets Program a discount rate mechanism that can be adjusted, taking into account whether a certain security is further downgraded by most credit rating agencies and ensuring that the ECB does not end up with too many risky assets; in addition, believes that the ECB should use at least two credit rating qualifications before accepting a security as collateral;deleted
2011/09/08
Committee: ECON
Amendment 138 #

2011/2156(INI)

Motion for a resolution
Paragraph 15
15. Asks for more public information on flows between euro area central banks measured in the Target-2 programme so that these flows are not interpreted as permanently moving from current account surplus countries to deficit countries in order to avoid their financial collapse;deleted
2011/09/08
Committee: ECON
Amendment 147 #

2011/2156(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. underlines the constant and rigorous stance taken by the ECB for years in terms in order to strengthen economic governance in the European interest;
2011/09/08
Committee: ECON
Amendment 148 #

2011/2156(INI)

Motion for a resolution
Paragraph 16
16. Calls for a more integrated macro- prudential policy framework within the monetary policy context, if necessary including differentiated macro-prudential tools in the Union to account for differences between the euro area and non-euro area countries; calls for an analysis of the effectiveness of the new financial supervisory architecture and for an evaluation of the option establishing a single European financial supervisory authority, unifying under its umbrella the current European Supervisory Authorities and the European Systemic Risk Board;deleted
2011/09/08
Committee: ECON
Amendment 161 #

2011/2156(INI)

Motion for a resolution
Paragraph 17
17. Stresses the need for a single European minister of Finance, in order to coordinate a basic common fiscal policy that could enhance the effectiveness of the eurothe spirit of the proposal made by Jean-Claude Trichet in Aachen on 2 June 2011; believes that the democratic legitimacy of such a proposal must adequately be addressed; notes in this sense that in a monetary union, fiscal policy does not only concern the Member States and that the present crisis has shown the limits of 100% decentralised fiscal policies;
2011/09/08
Committee: ECON
Amendment 179 #

2011/2156(INI)

Motion for a resolution
Paragraph 18
18. Stresses the need for a single European Treasury to relieve the ECB off its quasi- fiscal role; until that is the case, suggIs of the opinion that the creation of a European finance minister should be complemented by a single European Treasury; welcomes the decision taken by the Heads of State and Government on 21 July to improve the effectivenests confining more tasks to the European Stability Mechanism (ESM); regrets that, as it stands, the ESM will not operate under Community rules and did not acquire the right to purchase government boof the EFSF and of the ESM by increasing their flexibility linked to appropriate conditionality, notably allowing them to intervene in the secondary markets on the basis of an ECB analysis recognizing the existence of exceptional financial market circumstances and risks to financial stability ands on the secondary market as this would have meant a relief for the ECB in the current circumstancbasis of a decision by mutual agreement of the EFSF/ESM Member States, to avoid contagion; regrets that as it stands the ESM will not operate under Community rules;
2011/09/08
Committee: ECON
Amendment 186 #

2011/2156(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Deplores in this regard that the ESM has been established outside the EU Treaties and therefore calls on the Commission to propose a permanent crisis management mechanism based on Community rules (e.g. a European Monetary Fund)
2011/09/08
Committee: ECON
Amendment 195 #

2011/2156(INI)

Motion for a resolution
Paragraph 20
20. Believes that the introduction of eurosecurities may constitute the necessary fiscal quantum-leap forward that the Union needs at this juncture; welcomes the rapid implementation of the feasibility report promised by the Commission in its declaration XXX; calls on the Commission to immediately put forward legislative proposals on the setting up of a system of common issuance of European sovereign bonds, or euro securities, under joint and several liability, following Commissioner Rehn's declaration in Plenary in 22 June 2011; believes that increasing liquidity on a new global eurobonds market could reduce the financial costs for Member States and which would contribute to the Euro becoming a global reserve currency
2011/09/08
Committee: ECON
Amendment 204 #

2011/2156(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls for a more integrated macro- prudential policy framework within the monetary policy context, if necessary including differentiated macro-prudential tools in the Union to account for differences between the euro area and non-euro area countries; is looking forward to the general report1 by the Commission expected at the latest by 2 January 2014, which should review the decisions taken for the creation of the ESFS (European System of Financial Supervision); __________________ 1 Article 81 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC
2011/09/08
Committee: ECON
Amendment 210 #

2011/2156(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. As the ECB, IMF and Commission work together on missions in some Member States, calls on the Commission to put forward proposals for a single external representation of the euro area according to Article 138 TFEU; particularly for the IMF;
2011/09/08
Committee: ECON
Amendment 213 #

2011/2156(INI)

Motion for a resolution
Paragraph 21
21. Reiterates its long-standing call for the minutes of the meetings of the Governing Council to be public; considers their non- publication as a sign of weakness of the monetary union, as if the public and necessary individual accountability in the decision-taking within the Governing Council should be interpreted as a confrontation between Member States;commends that the ECB enhance the transparency of its work in order to increase its legitimacy and predictability. Transparency is also needed with regard to the internal models used to value illiquid collateral and the valuations assigned to specific securities offered as collateral
2011/09/08
Committee: ECON
Amendment 216 #

2011/2156(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Further to the number of debates which have arisen on the subject, asks for more public information on flows between euro area central banks measured in the Target-2 programme, so as to establish whether or not these flows should be interpreted as permanently moving from current account surplus countries to deficit countries in order to avoid their financial collapse
2011/09/08
Committee: ECON
Amendment 221 #

2011/2156(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Welcomes the commitment of the ECB to its accountability in the front of the EP and stresses the very constructive role played by the ECB at the highest level and through its staff in the co-decision procedure;
2011/09/08
Committee: ECON
Amendment 12 #

2011/2114(INI)

Motion for a resolution
Recital B a (new)
B a. Whereas higher food prices do not automatically translate into higher farm incomes, mainly due to the speed at which farm input costs increase and the growing divergence between producer and consumer prices;
2011/10/18
Committee: AGRI
Amendment 47 #

2011/2114(INI)

Motion for a resolution
Recital I
I. whereas certified and patented seeds and royalties for use of these seeds represent the mone of the factors which can explain increase in seed costs for farmers;
2011/10/18
Committee: AGRI
Amendment 92 #

2011/2114(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Asks for greater scrutiny and better analysis to be given at EU and global level to the economic fundamentals which explain rising food prices, predominantly interactions between supply and demand fluctuations, as well as increasing interactions between the price movements of energy, inputs, and food commodities;
2011/10/18
Committee: AGRI
Amendment 93 #

2011/2114(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Asks the Commission to refine its analysis on the reasons behind extreme market fluctuations and seek greater clarity on the interactions between speculation and agricultural markets, as well as energy markets and food commodities prices; stresses that this should be part of the efforts to better regulate, increase transparency and the quality of information on financial markets at global and EU level, including in the upcoming review of the Markets in Financial Instruments Directive (MiFID) and the Market Abuse Directive (MAD);
2011/10/18
Committee: AGRI
Amendment 101 #

2011/2114(INI)

Motion for a resolution
Paragraph 3
3. Stresses in particular the need for a European Food Prices Monitoring Tool which wWelcomes the European Food Prices Monitoring Tool set up by Eurostat and the setting up of the High Level Forum for a better functioning of the food supply chain, which must include the input sector operating upstream and should deliver better transparency on input price development and allowcontribute to improved farm-gate prices to be linked to production costs; Insists that regular reporting of progress made and concrete proposals should be transmitted to and discussed with the European Parliament;
2011/10/18
Committee: AGRI
Amendment 109 #

2011/2114(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Considers that primary producers cannot fully benefit from increased output prices as they are being 'squeezed' between, on the one side, low farm-gate prices due to the strong positions of processors and retailers, and high input prices due to increased concentration of input companies on the other side;
2011/10/18
Committee: AGRI
Amendment 112 #

2011/2114(INI)

Motion for a resolution
Paragraph 4
4. Calls on national and European competition authorities to address robustly the abuses of dominant position of agribusiness traders and input companies, and to consider proposals for anti-trust legislationin particular in the fertilizers sector where farmers face tremendous difficulties to forward-buy essential fertilizers for their production; European competition authorities should therefore consider launching a full sector inquiry to challenge all potential anti-competitive practices applied by fertilizers and crop protection products companies so as to ensure a freely operating input market;
2011/10/18
Committee: AGRI
Amendment 122 #

2011/2114(INI)

Motion for a resolution
Paragraph 6
6. Calls for the new rural development policyCAP to include specific support measures for better and more efficient resource management and for sustainable practices which reduce input use and costs and vulnerability to price volatility, and which specificallyimprove farmers' ability to adapt to price volatility, including measures to support short input and food chains;
2011/10/18
Committee: AGRI
Amendment 154 #

2011/2114(INI)

Motion for a resolution
Paragraph 13
13. Considers that efficient measures for on-farm and local energy saving and management should be made available throughout the EU via rural development programmes and should becomeby creating new incentives and targeted support mechanisms at the heart of the CAP reform, including as part of farm extension services;
2011/10/18
Committee: AGRI
Amendment 176 #

2011/2114(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Insists that, as part of the reform of the CAP, an EU-wide list of 'greening' measures should primarily reward increased resource efficiency, nutrient management including precision farming techniques for a competitive and less input intensive and fossil-fuel dependent EU agriculture;
2011/10/18
Committee: AGRI
Amendment 23 #

2011/2108(INI)

Motion for a resolution
Recital D
D. whereas the health of individual bees and colonies is affected by numerous lethal and sub-lethal factors, many of them interconnected; whereas the limited number of marketed medicines to fight the Varroa destructor mite are in many cases no longer efficient; whereas the toxic agents in certain pesticidand their synergies, changing climatic and environmental conditions, loss of plant biodiversity, land use change, mismanaged beekeeping practices and the presence of invasive species weaken colonies’ immune systems and favour opportunistic pathologies,
2011/08/31
Committee: AGRI
Amendment 29 #

2011/2108(INI)

Motion for a resolution
Recital E
E. whereas beekeepers are primarily responsible forcan help to improve and preserve the health and well-being of their bees, though farming methods have a role to play tooeven in a difficult environment,
2011/08/31
Committee: AGRI
Amendment 44 #

2011/2108(INI)

Motion for a resolution
Recital F a (new)
F a. Whereas a large number of European beekeepers are amateur and not professional apiarists,
2011/08/31
Committee: AGRI
Amendment 63 #

2011/2108(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to promote the setting up of appropriate national surveillance systems in close cooperation with beekeepers’ associations and to develop harmonised standards which are easy to introduce at EU level to allow comparison; stresses the need for uniform, and the annual identification and registration of bee hives;
2011/08/31
Committee: AGRI
Amendment 98 #

2011/2108(INI)

Motion for a resolution
Paragraph 10
10. Stresses the need to encourage young beekeepers to enter the sector and to support training programmes for beekeepers and farmers on disease prevention and control, botanical knowledge and the impact of pesticides, with the purpose of encouraging the acquisition of qualifications;
2011/08/31
Committee: AGRI
Amendment 177 #

2011/2108(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission constantly to monitor the animal health situation in source countries, to apply the strictest animal health requirements and to put in place an appropriate monitoring system for the propagation material coming from third countries, in order to avoid introducing exotic bee diseases/parasites such as Aethina tumida beetles and Tropilaelaps mites into the EU; calls on the Commission, in cooperation with beekeeping organisations, to submit guidelines for the veterinary treatment of hives; calls on the Commission and Member States to increase transparency regarding the frequency, percentage, characteristics and above all the results of the security checks performed at border control posts;
2011/08/31
Committee: AGRI
Amendment 188 #

2011/2108(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to put in place or modify the annexes to Directive 2001/110/EC (Honey Directive) in order to improve the standards of EU production by establishing clear legal definitions for all apicultural products, including honey varieties, and defining the important parameters of honeythe quality of natural honey, such as proline and saccarase content, low level of HMF or humidity, and adulteration (such as the glycerine content, sugar isotope ratio (C13/C14), pollen spectrum and aroma and sugar content of honey); calls on the Commission to ensure that monitoring of the natural properties of honey which applies to European products also applies to products from third countries;
2011/08/31
Committee: AGRI
Amendment 206 #

2011/2108(INI)

Motion for a resolution
Paragraph 30
30. Calls on the Commission to strengthen and develop the agri-environmental measures specific to the beekeeping sector, in the spirit of the new EU Biodiversity Strategy, and to encourage farmers to engage in agri-environmental measurMember States to establish agri-environmental measures targeted at beekeeping in their rural development programmes in order to support ‘bee-friendly’ grasslands on field margins, and to employ special crop rotation and variation;
2011/08/31
Committee: AGRI
Amendment 13 #

2011/2071(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the improved economic governance framework should rely on several inter-linked policies for sustainable growth and jobs, which need to be coherent with each other, in particular a Union strategy for growth and jobs (EU2020 strategy), with particular focus upon development and strengthening of the internal market, fostering international trade and competitiveness, an effective framework for preventing and correcting excessive government deficit (the Stability and Growth Pact), a robust framework for preventing and correcting macro- economic imbalances, minimum requirements for national budgetary frameworks, enhanced financial market regulation and supervision including macro-prudential supervision by the European Systemic Risk Board,
2011/07/15
Committee: ECON
Amendment 14 #

2011/2071(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas the experience gained and mistakes made during the first decade of functioning of the economic and monetary union show a need for improved economic governance in the Union, which should be built on stronger national ownership of commonly agreed rules and policies and on a more robust surveillance framework at Union level of national economic policies,
2011/07/15
Committee: ECON
Amendment 24 #

2011/2071(INI)

Motion for a resolution
Recital C
C. whereas the effectiveness of national economic policies, on the basis of closer coordination, depends on the democratic legitimacy of those policies at, which in turn depends on the intervention of parliamentary levels,
2011/07/15
Committee: ECON
Amendment 29 #

2011/2071(INI)

Motion for a resolution
Recital D
D. whereas the European Semester is prompting a review of the mechanisms for parliamentary scrutiny of the Commission and the Council,deleted
2011/07/15
Committee: ECON
Amendment 34 #

2011/2071(INI)

Motion for a resolution
Recital E
E. whereas a purely intergovernmental coordination system would be an inadequate in those areas requiring coordinated action by the Union, response to the requirements of Article 121 TFEU, which states that the Member States shall regard their economic policies as a matter of common concern,
2011/07/15
Committee: ECON
Amendment 39 #

2011/2071(INI)

Motion for a resolution
Recital F
F. whereas the introduction of the European Semester will lead to changes in the workcontribute to the increased, well-defined involvement of national parliaments,
2011/07/15
Committee: ECON
Amendment 41 #

2011/2071(INI)

Motion for a resolution
Recital G
G. whereas the Commission has not detailed its vision for the European Semester, and to date has not taken on board the need to confer democratic legitimacy on this new process, inter alia by involving Parliament more fully,deleted
2011/07/15
Committee: ECON
Amendment 44 #

2011/2071(INI)

Motion for a resolution
Recital H
H. whereas, given the experience it has gained in the area of monetary dialogue, Parliament should help to develop and oversee economic policies and budgetary surveillance,deleted
2011/07/15
Committee: ECON
Amendment 60 #

2011/2071(INI)

Motion for a resolution
Paragraph 3
3. Notes that the European Semester is now the annual framework for the implementation and assessment of the Europe 2020 strategy, the broad economic policy guidelines and the employment guidelines; emphasises, however, that it must not replace these instruments, which are enshrined in the Treaty, or diminish their importance; call that the European Semester takes place without prejudice to the powers onf the Commission to clarify and explain how these different instruments fit togetherEuropean Parliament conferred on it by the TFEU;
2011/07/15
Committee: ECON
Amendment 79 #

2011/2071(INI)

Motion for a resolution
Paragraph 6
6. CRecalls for the adoption, via the ordinary legislative procedure, of specific legislation or of an interinstitutional agreement in order to ensure the democratic legitimacy and effectiveness ofthat, in its vote on 19 April 2011 on the economic governance package, the Committee on Economic and Monetary Affairs included legislative provisions specific to the European Semester;
2011/07/15
Committee: ECON
Amendment 92 #

2011/2071(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to draft the Annual Growth Survey as a document subject to parliamentary negotiation and amendment, inter alia by drawing a distinction between political and technical developments;deleted
2011/07/15
Committee: ECON
Amendment 113 #

2011/2071(INI)

Motion for a resolution
Paragraph 12
12. Intends to organise, prior to the Spring European Council each yeaduring the European Semester, an interparliamentary forum at the European Parliament for members of the competent national parliamentary committees responsible for the European Semester; proposes that this forum include meetings of the political groups and the relevant committees, along with a plenary sitting affording an opportunity to adopt a joint resolution in preparation for the Spring European Council; instructs its President to represent it at the Spring European Council on the basis of the resolution thus adopted;
2011/07/15
Committee: ECON
Amendment 121 #

2011/2071(INI)

Motion for a resolution
Paragraph 17
17. Calls on the Commission to work with the Member States to enhance the comparability of national budget expenditure items by incorporating them into a common nomenclature making it possible to assess the extent to which they contribute toNotes the work being done on the requirements applicable to the budgetary frameworks of the Member States (Ford report) and considers that these should enable national expenditure on the Europe 2020 targets to be identified;
2011/07/15
Committee: ECON
Amendment 128 #

2011/2071(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to come and present its recommendations once the analysis of the NRPs and SCPs has been compdeleted;
2011/07/15
Committee: ECON
Amendment 135 #

2011/2071(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Is concerned that draft recommendations to member states under the European Semester contained to undermine the specific regulation of holidays and Sundays; asks the Commission and the Council to respect and support these achievements, especially for the work-family balance;
2011/07/15
Committee: ECON
Amendment 138 #

2011/2071(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Council to come to Parliament in July each year, or in September in the case of election years, to justify any significant changes it has made to the Commission’s proposed recommendations;deleted
2011/07/15
Committee: ECON
Amendment 140 #

2011/2071(INI)

Motion for a resolution
Subheading 2 a (new)
Scope of the European Semester
2011/07/15
Committee: ECON
Amendment 141 #

2011/2071(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. The European Semester involves: (a) the formulation and surveillance of the implementation of the broad guidelines of the economic policies of the Member States and of the Union (Broad Economic Policy Guidelines) in accordance with Article 121(2) TFEU; (b) the formulation and examination of the implementation of the employment guidelines that must be taken into account by Member States in accordance with Article 148(2) TFEU (Employment Guidelines); (c) the submission and assessment of the Member States’ Stability and Convergence Programmes in line with the Regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies; (d) the submission and assessment of the Member States’ National Reform Programmes supporting the EU growth and employment strategy and drawn up in line with the guidelines set out in the Regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and with the general recommendations to Member States issued by the Commission and the European Council at the beginning of the annual cycle of surveillance; (e) the surveillance to prevent and correct macroeconomic imbalances under Regulation (EU) No .../2011 of the European Parliament and of the Council of … (7) on the prevention and correction of macroeconomic imbalances*. In the course of the European Semester, in order to provide timely and integrated policy advice on macro-fiscal and macro- structural policy intentions, the Council shall, following the assessment of these Programmes on the basis of recommendations by the Commission, address guidance to the Member States making full use of the legal instruments provided under Articles 121 and 148 TFEU, the Regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and Regulation (EU) No .../2011 + [on the prevention and correction of macroeconomic imbalances]. The Member States shall take due account of the guidance addressed to them in the development of their economic, employment and budgetary policies before taking key decisions on the national budgets for the following years. The Commission shall monitor developments in the situation. Failure by a Member State to act upon the guidance received may result in: (a) further recommendations to take specific measures; (b) a warning by the Commission pursuant to Article 121(4) TFEU; (c) measures under the Regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies, Regulation (EC) No 1467/97 and Regulation (EU) No …/2011 [on the prevention and correction of macroeconomic imbalances] Implementation of these measures will be subject to reinforced monitoring by the Commission and may include surveillance missions under the Regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies. Without overstepping its powers, the European Parliament is duly involved in the European Semester in order to increase transparency, ownership and accountability of the decisions taken, in particular by means of the economic dialogue carried out pursuant to the Regulation of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies; the Economic and Financial Committee, the Economic Policy Committee, the Employment Committee and the Social Protection Committee are consulted within the framework of the Semester where appropriate. Relevant stakeholders, in particular the social partners, are involved within the framework of the European Semester on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political arrangements. The President of the Council and the Commission, in accordance with Article 121 TFEU, and where appropriate the President of the Eurogroup, shall report annually to the European Parliament and the European Council on the results of the multilateral surveillance;
2011/07/15
Committee: ECON
Amendment 142 #

2011/2071(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Considers that under the European Semester the policy surveillance and coordination cycle starts early in the year with a horizontal review under which the European Council, based on input from the Commission and the Council, identifies the main challenges facing the Union and the euro area and gives strategic guidance on policies; discussion will also take place in the European Parliament at the beginning of the annual cycle of surveillance in due time before the discussion takes place in the European Council; the Member States are expected to take into account the horizontal guidance of the European Council when preparing their Stability or Convergence Programmes and National Reform Programmes;
2011/07/15
Committee: ECON
Amendment 143 #

2011/2071(INI)

Motion for a resolution
Paragraph 22 c (new)
22c. Considers that, in line with the legal and political arrangements of each Member State, national parliaments should be duly involved in the European Semester and in the preparation of Stability Programmes, Convergence Programmes and National Reform Programmes in order to increase the transparency, ownership and accountability of the decisions taken; the Economic and Financial Committee, the Economic Policy Committee, the Employment Committee and the Social Protection Committee are consulted within the framework of the Semester where appropriate; relevant stakeholders, in particular the social partners, will be involved within the framework of the European Semester on the main policy issues where appropriate, in accordance with the provisions of the TFEU and national legal and political systems;
2011/07/15
Committee: ECON
Amendment 145 #

2011/2071(INI)

Motion for a resolution
Paragraph 23
23. Asks to be allowed to participate in the macroeconomic dialogue, which must be stepped up and made at the ECOFIN Council, in cooperation with the Council of Ministers of Employment and Social Affairs and with the participation of representatives of the two configurations of the Council, of the Commission, of the Central European Bank and the social partners, set up following the Cologne European Council of 3 and 4 June 1999 for the ‘appropriate exchange of information and opinions on the way in which macroeconomic policy should be drawn up in order to increase and fully exploit the opportunities for growth and employment’, and considers that this dialogue must be reinforced, codified and more interactive;
2011/07/15
Committee: ECON
Amendment 148 #

2011/2071(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Underlines the role of the economic dialogue proposed by the European Parliament in the economic governance package, which consists of enabling a public debate to be held in the European Parliament on surveillance procedures (the Stability and Growth Pact and macro-economic imbalances); recalls that, when the Commission makes its studies public, one or more of the ministers of economics and finance involved might respond, thereby initiating a debate across borders and enabling peer pressure, which the current provisions have failed to make possible;
2011/07/15
Committee: ECON
Amendment 162 #

2011/2071(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Underlines that the codification of the European Semester must nevertheless permit the flexibility necessary for possible adaptation in the light of the lessons learnt from the initial experience; in its assessment and adaptation work, the Commission will focus in particular on the possible need for a framework more closely fashioned to the euro area;
2011/07/15
Committee: ECON
Amendment 168 #

2011/2071(INI)

Motion for a resolution
Paragraph 2
2. Whereas beside the adoption of the six texts related to the growth and stability pact, the excessive imbalances procedure and the requirements on the budgetary framework of the Member States, the Presidents of the European Council and of the Commission have announced their intention to table new proposals;
2011/10/10
Committee: ECON
Amendment 185 #

2011/2071(INI)

Motion for a resolution
Paragraph 6
6. Believes that the introduction of the ‘European Semester’ and enhanced fiscal policy coordination should leave enough scope and flexibility to the EU Member States to pursue an effective alternative counter-cyclical strategy and stability policy, geared to distribution and development and providing an adequate level of public services and infrastructure for EU citizensthe policies they believe appropriate in accordance with the EU 2020 strategy;
2011/10/10
Committee: ECON
Amendment 209 #

2011/2071(INI)

Motion for a resolution
Paragraph 12
12. Emphasises that steps needed to improve the European economic governance capacity should not lead to any deficit in democratic legitimacy and accountability; warns, therefore, against a set-up of the Annual Growth Survey as a bureaucratic act which lacks the approval of the European Parliamentbelieves that the European parliament should therefore hold a debate and give its opinion after the publication of the Annual Growth Survey by the Commission;
2011/10/10
Committee: ECON
Amendment 216 #

2011/2071(INI)

Motion for a resolution
Paragraph 13
13. Request that the AGS be transformed into "Annual Sustainability Guidelines”(ASG);deleted
2011/10/10
Committee: ECON
Amendment 226 #

2011/2071(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission, when drawing up the Annual Sustainability Guidelines, to draw upon heterodoxGrowth Survey, to draw upon a wide range of scientific expertise to the greatest extent possible and to take relevant recommendations of the European Parliament into account;
2011/10/10
Committee: ECON
Amendment 253 #

2011/2071(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission and the Council to ensure an equal treatmentthe full implementation of 2020 targets and flagship initiatives in their guidance and recommendations addressed to each Member State and the EU as a whole;
2011/10/10
Committee: ECON
Amendment 255 #

2011/2071(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to work with the Member States to enhance the comparability of National Reform Programmes and of national budget expenditure items by incorporating them into a common nomenclature making it possible to assess the extent to which they contribute to the Europe 2020 targets and the implementation of the seven flagship initiatives notably through the implementation of the directive of the Council on requirements for budgetary frameworks of the Member States (Ford report);
2011/10/10
Committee: ECON
Amendment 259 #

2011/2071(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to come and present its recommendations to the European Parliament at an appropriate time, once the analysis of the NRPs and SCPs has been completed and to highlight the potential cross-border spill-over effects in view of the foreseen interparliamentary foruma and the discussions in the Council on the country-specific recommendations;
2011/10/10
Committee: ECON
Amendment 274 #

2011/2071(INI)

Motion for a resolution
Paragraph 28
28. Takes note that the EP has not adapted its structure and working method to the evolution brought by the Lisbon treaty regarding the new role and powers of the President of the European Council and the Eurogroup; the Economic dialogue will be one of the answers;
2011/10/10
Committee: ECON
Amendment 280 #

2011/2071(INI)

Motion for a resolution
Paragraph 30
30. Proposes the setting-up of a sub- committee on the Economic and Monetary Union within its ECON committee where only euro area members would vote and other members could attend as observers;
2011/10/10
Committee: ECON
Amendment 283 #

2011/2071(INI)

Motion for a resolution
Paragraph 31
31. Asks for the ASO to be subject to a vote with co-decision powers for the European Parliament before the Spring Council;deleted
2011/10/10
Committee: ECON
Amendment 289 #

2011/2071(INI)

Motion for a resolution
Paragraph 34
34. Intends to organise, from 2013, prior to the Spring European Council each year, an interparliamentary forum at the European Parliament for members of the competent national parliamentary committees, recommends that this meeting be an integrated part of the annual meeting organised by the Economic and Monetary Affairs Committee for members of national parliaments; proposes that this forum include meetings of the political groups and the relevant committees, along with a plenary sitting affording an opportunity to adopt a joint resolution in preparation for the Spring European Council; instructs its President to represent it at the European Spring Council on the basis of the resolution thus adopted; invites the European social partners to participate in this meeting and provide their views;deleted
2011/10/10
Committee: ECON
Amendment 293 #

2011/2071(INI)

Motion for a resolution
Paragraph 35
35. Intends to organise, from 2013 following the Spring European Council, a second interparliamentary meeting bringing together the Chairs of the committees responsible for the European Semester within national parliaments and the European Parliament (ECON, EMPL, BUDG) to discuss the Commission’s proposed recommendations;deleted
2011/10/10
Committee: ECON
Amendment 300 #

2011/2071(INI)

Motion for a resolution
Paragraph 37
37. Underlines the role of the economic dialogue with the European Parliament adopted with the economic governance package, which consists of enabling the Commission to make its analyses public and for the President of the Council, the Commissa dialogue between the European institutions and, where appropriate, the President of the European Council or the President of the Eurogroup to discuss on surveillance procedures (the Stability and Growth Pact and macro-economic imbalances); recalls that, when the Commission makes its studies public, one or more of the ministers of economics and finance involved might respond, thereby initiating a debate across borders and enabling peer pressure, which the current provisions have failed to make possibles well as with the national level to initiate a cross-border and public debate, increase the transparency and enable peer pressure; the relevant committee of the EP may invite the President of the Commission, of the Eurogroup and of the European Council and offer the opportunity to a Member State concerned by decisions in the EDP and/or EIP to participate in an exchange of views;
2011/10/10
Committee: ECON
Amendment 303 #

2011/2071(INI)

Motion for a resolution
Paragraph 38
38. Wishes an economic dialogue to be held at Parliament with the heads of state or government of those Member States intending to make use of the European financial Stability Facility and Mechanism as well as the European Stability Mechanism, before the latter is activated; underlines, in light of the role the EFSF and the ESM are supposed to play, the need for the EP to conduct a hearing with their managing staff; urges the Council and the Commission to ensure the consistency of economic conditionality and adjustment programmes in the framework of any rescue programme with Union's overarching objectives of social and sustainable development and in particular employment and economic policy guidelines as well as EU 2020 objectives; asks to include recommendations addressed in the framework of the EU Semester to Member States under financial assistance to take account explicitly of these consistency requirements;
2011/10/10
Committee: ECON
Amendment 307 #

2011/2071(INI)

Motion for a resolution
Paragraph 39
39. Intends to conduct an audit of the Union's macroeconomic situation in the autumn, having recourse to heterodox anda wide range of expertise, including international external independent advice, and in consultation with the social partners, in order to foster debate and obtain a second opinion on economic issues in preparation for its discussions with the Commission prior to the drafting of the Annual Growth Survey;
2011/10/10
Committee: ECON
Amendment 313 #

2011/2071(INI)

Motion for a resolution
Paragraph 41
41. Calls on the European Council to invite the President of the European Parliament to participate in its meetings on the European Semester; the President of the European Parliament will before hand liaise with the relevant committee;
2011/10/10
Committee: ECON
Amendment 320 #

2011/2071(INI)

Motion for a resolution
Paragraph 45
45. Calls for Member States to ensure the professional independence of national statistical authorities in line with the provisions laid down in the governance package and to warrant compliance with the European statistics code of practice as laid down in Regulation (EC) No 223/2009 in order to ensure the transmission of high quality statistics to the Commission for assessment during the European Semester;
2011/10/10
Committee: ECON
Amendment 325 #

2011/2071(INI)

Motion for a resolution
Paragraph 47 a (new)
47 a. Considers of major importance to include in the constant dialogue between European Institutions the involvement of the European Central Bank;
2011/10/10
Committee: ECON
Amendment 330 #

2011/2071(INI)

Motion for a resolution
Paragraph 48
48. Calls for the development of the concept of a European Treasury to strengthen the implementation capacity of the European semester and the economic pillar of EMU; the future institutional developments should be made taking into account the evolution of the EFSF and the ESM;
2011/10/10
Committee: ECON
Amendment 334 #

2011/2071(INI)

Motion for a resolution
Paragraph 49
49. Underlines that the policy guidance to Member States partly concerns policy areas like wages and pensions that in line with Article 153 of the TFEU fall under the competences of Member States and social partners; emphasizes that democratic accountability needs to be ensured and the principles of subsidiarity and social dialogue to be respected in order to preserve the policy space required for National implementation;
2011/10/10
Committee: ECON
Amendment 8 #

2011/2056(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes the lack of evidence there is to establish a systematic link between financial speculation and long-term price trends of food commodities and agricultural raw materials; considers, therefore, that a thorough analysis aiming at gaining a better understanding of the multiple factors that affect short and long-term food commodities and agricultural raw materials price trends could provide a useful basis for adopting adequate measures to mitigate the effects of extreme price volatility;
2011/05/31
Committee: AGRI
Amendment 9 #

2011/2056(INI)

Draft opinion
Paragraph 2 b (new)
2b. Asks the Commission, together with other international bodies, to refine their analysis on the causes explaining market fluctuations and seek greater clarity on the interactions between speculation and agricultural markets, as well as energy markets and food commodities prices; Stresses that those steps should be taken as part of the efforts to regulate the financial markets at global and EU level;
2011/05/31
Committee: AGRI
Amendment 15 #

2011/2056(INI)

Draft opinion
Paragraph 3
3. With regard to food security, supports the finding of the Communication that without a Common Agricultural Policy and a direct support mechanism, European agriculture is unlikely to survivefood production capacity across the whole of Europe would be put at risk; agrees, furthermore, that the EU does and should continue to play a role in ensuring sufficient food for a growing world population; is therefore supportive of a strategy on raw materials and commodities that is based on an integrated approach which encompasses agricultural, financial, environmental and trade and development policy concerns;
2011/05/31
Committee: AGRI
Amendment 19 #

2011/2056(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses that successful EU policies on raw materials must be tied into Europe’s policies on industry, research, energy, biodiversity, trade, development, agriculture, innovation, transport and the Europe 2020 strategy; sound and strategic management of raw materials, coupled with real reform of the internal market, would put Europe well on its way to becoming a competitive player in tomorrow's global economy;
2011/05/31
Committee: AGRI
Amendment 29 #

2011/2056(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Commission to include incentive based initiatives in the CAP and the raw materials strategy aimed at unlocking the full potential of farmers to increase their production of sustainable energy, which is currently underexploited; thereby creating new rural jobs and adding an additional revenue stream to the income of farmers;
2011/05/31
Committee: AGRI
Amendment 36 #

2011/2056(INI)

Draft opinion
Paragraph 6
6. With regard to financial instruments, supportnotes the recent Commission proposals on regulating OTC derivatives and on public consultation on the MiFID Directive; believes thatrequests that the Commission investigate whether limiting speculative behaviour on derivatives markets for commodities should be limited; supports in this context the measures requiring additional information that contributes to market transparency and the proposal for position limits, both aimed at limiting massive speculative behaviouagricultural commodities would result in reduced price volatility; is in favour of increased transparency and effective regulation of financial markets ; asks the Commission for an evaluation regarding future derivatives and commodities regulation as to whether separate regulation is needed for the agricultural commodities, given the specificity of the sector;
2011/05/31
Committee: AGRI
Amendment 43 #

2011/2056(INI)

Draft opinion
Paragraph 7 a (new)
7a. Deplores the fact that too much agricultural waste is currently not used to its full potential; considers that agricultural waste should be seen as an asset and therefore asks the Commission to investigate new means of using it as raw materials for other sectors;
2011/05/31
Committee: AGRI
Amendment 45 #

2011/2056(INI)

Draft opinion
Paragraph 8
8. Asks the Commission to include these concerns in its strategy and to propose concrete measures to ensure food security and, tackle market instability as a matter of urgency. nd decide whether agricultural commodities require separate regulation due to the specificity of the sector as a matter of urgency and before the finalisation of the EMIR and MiFID directives.
2011/05/31
Committee: AGRI
Amendment 2 #

2011/2052(INI)

Motion for a resolution
Citation 2 a (new)
– having regard to the revised European Social Charter, in particular Articles 30 (on the right to protection against poverty and social exclusion), 31 (on the right to housing) and 16 (on the right of the family to social, legal and economic protection) thereof,
2011/06/28
Committee: EMPL
Amendment 24 #

2011/2052(INI)

Motion for a resolution
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the crisis and the associated austerity measures,; whereas 116 million people in the European Union are at risk of poverty and 42 million (i.e. 8%) live ‘in conditions of severe material deprivation and can not afford a number of necessities considered essential in order to live a decent life in Europe’1, __________________ 1 The European Platform against Poverty and Social Exclusion (COM(2010)758 final).
2011/06/28
Committee: EMPL
Amendment 29 #

2011/2052(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas severe poverty represents a violation of human rights and a serious erosion of human dignity,
2011/06/28
Committee: EMPL
Amendment 45 #

2011/2052(INI)

Motion for a resolution
Recital C
C. whereas the Europe 2020 strategy aims to reduce the number of people at risk of poverty by 20 million, on the basis of three indicators (the at-risk-of-poverty rate after social transfers, the material deprivation index and the percentage of people living in jobless households); whereas, given the figures of 116 million at risk of poverty and 42 million living in conditions of severe material deprivation, this aim, while it may be an acknowledgement of the importance of combating poverty and social exclusion, reflects the abandonment from the outset of millions of people in Europe, with the associated risk of generating threshold effects and excluding the most vulnerable people from the scope of policies geared to measurable results,
2011/06/28
Committee: EMPL
Amendment A #

2011/2052(INI)

Motion for a resolution
Paragraph 1
1. Ccalls on the Commission to involve civil society at national and European level and to make discussions with people living in poverty a formal part of the annual convention on povertyboost the involvement in the development of a European strategy at all levels of governance (European, national, regional and local) of organised civil society and of all stakeholders, such as NGOs, social economy organisations, service providers, experts in social innovation and the social partners, as well as people living in poverty themselves, in partnership with the associations in which they freely express their opinions and which have acquired experience and knowledge, particularly through the development of national platforms against poverty and social exclusion in each Member State; calls on the Commission to enhance cooperation between local, regional and national authorities and European Institutions, particularly the European Parliament; believes that the synergies should concern all stakeholders, including SMEs and entrepreneurs; calls for discussions with people living in poverty and social exclusion to be institutionalised, and to be extended at national level, and for their participation and contribution to be made a formal and central part of the annual convention on poverty and social exclusion, and calls for appropriate and regular follow-up of the recommendations so developed;
2011/09/09
Committee: EMPL
Amendment AA #

2011/2052(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the Commission’s new strategy for implementation of the Charter of Fundamental Rights aims, in particular, to improve the most disadvantaged people’s access to fundamental rights; whereas the Charter must be respected in its entirety and whereas severe poverty represents a violation of human rights and a serious erosion of human dignity and encourages stigmatisation and injustice; whereas the key objective of income support schemes is to bring people out of poverty and enable them to live in dignity,
2011/09/09
Committee: EMPL
Amendment B #

2011/2052(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls for poverty awareness seminars to be organised in the European institutions and Member State governments by organisations which have specific experience of combating poverty and for experiments in joint training on social and exclusion issues to be made, bringing together European officials and people with hands-on experience of combating poverty;
2011/09/09
Committee: EMPL
Amendment C #

2011/2052(INI)

Motion for a resolution
Paragraph 2
2. Calls for regular, critical monitoring ofthe establishment of a regular, critical evaluation mechanism, involving the European Parliament, the Committee of the Regions and the European Economic and Social Committee, based on precise indicators at national and European level, by which the multiple dimensions of poverty can be evaluated and the Member States’ progress, by gender and age, towards achieving the poverty reduction target, and towards breaking this target down into sub-targets, can be measured, in view of the fact that the lack of a precise definition of poverty leaves too much leeway for the Member States, to break this target down into sub-targets; hus risking aberrant interpretations; calls on the Commission to improve national and European indicators relating to the comparability of national statistics on the poverty of vulnerable people and to promote, with Eurostat, the production of more precise statistics within a comprehensive scoreboard on poverty and social exclusion by means of which it will be possible to track the number of people below the 50% and 40% levels of median income and on this basis to conduct an annual evaluation of the situations of poverty in the EU, the statistical approach of which should be supplemented by a qualitative and participatory approach; calls on the Commission to ensure the policies implemented are beneficial to all and not just to those close to the poverty threshold;
2011/09/09
Committee: EMPL
Amendment CC #

2011/2052(INI)

Motion for a resolution
Considérant C
C. whereas the Europe 2020 strategy aims todopts, as one of its five major objectives, a soft target, i.e. one without sanctions, aiming at reduceing the number of people at risk of poverty by 20 million, on the basis of three indicators agreed by Member States (the at-risk-of-poverty rate after social transfers, the severe material deprivation index and the percentage of people living in jobless households), and whereas this aim may be an acknowledgement of the importance of combating poverty and social exclusion but, given the figures of 116 million at risk of poverty and 42 million living in conditions of severe material deprivation, it reflects the abandonment from the outset of millions of people in Europe, with the associated risk of generating threshold effects and excluding the most vulnerable people from the scope of policies geared to measurable results; whereas if the most intractable situations are not addressed from the outset, the policies implemented will have no impact on them; whereas the European Platform against poverty constitutes one of the seven flagship initiatives of the EU 2020 strategy,
2011/09/09
Committee: EMPL
Amendment D #

2011/2052(INI)

Motion for a resolution
Paragraph 3
3. Calls for it to be made clear that the Commission will be legally accountable in on the Commission to fully take account of the correct horizontal social clause as specified in Article 9 TFEU, under which the EU is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause; calls for the social impact assessments of European policies to go into greater depthe, event that the horizontal social clause is not applied, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause where those policies are not initiated by the Commission but by the European Council, as in the case of the Euro Plus pact; considers that such an in- depth analysis of the application of this clause will make it possible to avoid a levelling-down of social standards in Europe and to promote the development of a common social basis in Europe; calls for this social impact assessment to be made with the associations active in combating poverty and to take account of the situation of the poorest people in Europe as a reference; considers that these assessments should involve the European Parliament, the Committee of the Regions, the European Economic and Social Committee and the Commission’s departments responsible for social affairs under the responsibility of a director- general reporting to the General Secretariat of the European Commission;
2011/09/09
Committee: EMPL
Amendment H #

2011/2052(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission to specify th, in consultation with the European Central Bank, to propose common principles used to define the ‘basket of basic goods and services’ accessible to all; required to enable everyone to live in dignity, and points out that these immediate needs are inseparable from respect for human dignity and effective access to all fundamental rights – whether civil, political, economic, social or cultural – without exception; calls for the target of price stability to be clarified so as to allow specific national situations to be taken into account that do not necessarily have a significant impact on the euro- system indicators;
2011/09/09
Committee: EMPL
Amendment R #

2011/2052(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to initiate a horizontal anti-discrimination directive with a view to further eradicating discrimination; Urges the Member States to agree and adopt as soon as possible the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426); calls on the Commission to continue to support the overcoming of technical difficulties within the Council in order to ensure a swift agreement is reached, and to close gaps in the existing anti-discrimination legislation which is currently not covering all relevant aspects, with a view to further eradicating discrimination, including social discrimination; Note: A citation referring to the Kosa report will be added by oral amendment.
2011/09/09
Committee: EMPL
Amendment T #

2011/2052(INI)

Motion for a resolution
Paragraph 15
15. AdvocatesRecommends the Member States to adopt a proactive decent housing policy in order to ensure universal access to decent, affordable housingquality housing at affordable prices or on preferential terms of purchase, and to prevent the loss thereof, with guaranteed access to services essential to health and safety, the lack of such housing being a serious affront to dignity, along with a proactive energy policy that steps up the use of renewable energies and boosts energy efficiency in order to combat energy poverty; calls for more attention to be paid to housing for migrants, who are often exploited and forced to live in sub- standard housing; recalls Protocol 26 annexed to the Treaty of Lisbon on social housing and calls for the provisions contained therein to be respected, in particular on the Member States’ freedom to organise social housing, including the question of financing; encourages the Member States to implement special housing programmes and opportunities for homeless people, in view of guaranteeing the most basic standards of living for the most vulnerable in society;
2011/09/09
Committee: EMPL
Amendment V #

2011/2052(INI)

Motion for a resolution
Paragraph 17
17. Calls for the fight against child poverty to focus on prevention through the provision of equal access to high-quality early childhood serviceseducation and care services, in order to prevent children from starting school life with multiple disadvantages, and to other provisions for children (activity centres during the school period and holidays, etc., extracurricular, cultural, sports activities, etc.), ensuring that the network of such services and centres covers all areas adequately; calls for financial support for proven services and the systematic integration of family-support policies in all relevant areas of activity, combining a universal approach with targeted measures for the most vulnerable families, in particular the families of handicapped children, single-parent families and large families; calls for the relationship between parents and children to be given particular attention in programmes to combat poverty and social exclusion in order to prevent children being placed in care as a consequence of severe poverty;
2011/09/09
Committee: EMPL
Amendment Z #

2011/2052(INI)

Motion for a resolution
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the crisis and the associated austerity measures, 116 million people in the European Union are at risk of poverty and 42 million (i.e. 8%) live ‘in conditions of severe material deprivation and can not afford a number of necessities considered essential in order to live a decent life in Europe’1; whereas poverty is the unacceptable reflection of an uneven distribution of wealth, income and resources in a prosperous European economy; whereas the most vulnerable groups, such as the elderly and disabled people, have been those most severely affected by the financial, economic and social crisis and the austerity measures currently being taken in the EU in the context of the ‘Euro Plus Pact’ and the ‘governance package’, which could worsen the situation for these groups and put at risk of unemployment, economic insecurity or poverty millions of people who were still managing to live on, and meet their basic needs from, their wages or retirement pension, notably as a result of cuts in public service and social assistance budgets; whereas applying tougher conditions and penalties in social activation policies in response to the crisis aggravates the difficulties faced by the most vulnerable people at a time when few decent jobs are on offer; whereas the gap between rich and poor is getting ever wider as the crisis continues; __________________ 1 European Platform against Poverty and Social Exclusion (COM(2010)758 final).
2011/09/09
Committee: EMPL
Amendment 149 #

2011/2052(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission to involve civil society at national and European level, and to make discussions with people living in poverty a formal part of the annual convention on povertys well as people living in poverty themselves, in partnership with the associations in which they freely express their opinions;
2011/06/28
Committee: EMPL
Amendment 156 #

2011/2052(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls for poverty awareness seminars to be organised in the European institutions and Member State governments by organisations which have specific experience of combating poverty;
2011/06/28
Committee: EMPL
Amendment 163 #

2011/2052(INI)

Motion for a resolution
Paragraph 2
2. Calls for regular, critical monitoring of the Member States’ progress towards achieving the poverty reduction target, and for the Member States to break this target down into sub-targets; calls on the European Commission to draw up a scoreboard by means of which it will be possible to track the number of people below the 50% and 40% levels of median income and to ensure the policies implemented are beneficial to all and not just to those close to the poverty threshold, and also calls on the European Commission, in collaboration with Eurostat, to draw up a comprehensive scoreboard on poverty and social exclusion to be published each year, the statistical approach of which should be supplemented by a qualitative and participatory approach; this scoreboard should complement the scoreboard on macroeconomic imbalances created to prevent and correct macroeconomic imbalances and evaluated annually; it should be referred to in the annual report provided for in Article 11 of the Regulation on the prevention and correction of macroeconomic imbalances;
2011/06/28
Committee: EMPL
Amendment 183 #

2011/2052(INI)

Motion for a resolution
Paragraph 3
3. Calls for it to be made clear that the Commission will be legally accountable in the event that the horizontal social clause is not applied, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause; calls for this assessment of the social impact of European policies to be carried out with the persons concerned, taking the poorest amongst them as a reference, and for the fight against poverty and for access to basic rights to be coordinated by the Commissioners responsible, under the responsibility of a director-general reporting to the General Secretariat of the European Commission;
2011/06/28
Committee: EMPL
Amendment 196 #

2011/2052(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission, in consultation with the European Central Bank, to specify the common principles used to define the ‘basket of basic goods and services’ accessible to all and to provide a definition of price stability; points out that these immediate needs are inseparable from respect for human dignity and effective access to all fundamental rights – whether civil, political, economic, social or cultural – without exception;
2011/06/28
Committee: EMPL
Amendment 213 #

2011/2052(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls for the Platform to be geared towards asserting the rights which enable everyone to live in dignity, particularly in the field of employment, housing, health care, social security and adequate living standards, justice, education, training and culture, and the protection of families and children;
2011/06/28
Committee: EMPL
Amendment 214 #

2011/2052(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls for the Fundamental Rights Agency to produce a study on effective access by the poorest people to the whole range of fundamental rights and on the discrimination they face, with the participation of NGOs in which socially excluded can freely express themselves;
2011/06/28
Committee: EMPL
Amendment 307 #

2011/2052(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to initiate a horizontal anti-discrimination directive with a view to further eradicating discrimination, including social discrimination;
2011/06/28
Committee: EMPL
Amendment 329 #

2011/2052(INI)

Motion for a resolution
Paragraph 15
15. Advocates a proactive housing policy in order to ensure universal access to decent, affordable housing, the lack of which is a serious affront to dignity, along with a proactive energy policy that steps up the use of renewable energies and boosts energy efficiency;
2011/06/28
Committee: EMPL
Amendment 353 #

2011/2052(INI)

Motion for a resolution
Paragraph 17
17. Calls for the fight against child poverty to focus on prevention through the provision of access to early childhood services, ensuring that the network of such services covers all areas adequately; calls for the relationship between parents and children to be given particular attention in programmes to combat poverty in order to prevent children being placed in care as a consequence of severe poverty;
2011/06/28
Committee: EMPL
Amendment 112 #

2011/2051(INI)

Motion for a resolution
Recital L
L. whereas there should not be any differentiation in the treatment of farmers according to size of holding and legal form for the purpose of direct payments, although the possibility of introducing a basic allowance for small farmers should not be excluded,deleted
2011/03/21
Committee: AGRI
Amendment 200 #

2011/2051(INI)

Motion for a resolution
Paragraph 1
1. WBroadly welcomes the cCommission Communication from the Commission concerning a reform of agricultural policy; calls, however, for the principles set out below to be incorporated in the legislative proposals"The CAP towards 2020: meeting the food, natural resources and territorial challenges of the future", in particular option 2 for reform; calls, however, for the Commission to clarify as soon as possible its overall strategy for a viable and sustainable CAP for the future;
2011/03/21
Committee: AGRI
Amendment 202 #

2011/2051(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Expects the re-design of the CAP to align with the EU 2020 Strategy priorities of smart, inclusive and sustainable growth; Believes that agriculture is well placed to make a major contribution to tackling climate change, creating new jobs through green growth and supplying renewable energy whilst at the same time continuing to provide safe, high quality food products and food security for European consumers;
2011/03/21
Committee: AGRI
Amendment 207 #

2011/2051(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Calls for the CAP to remain structured around two pillars; Points out that pillar 1 should remain fully financed by the EU budget and yearly based, while multiannual programming, a voluntary and contractual approach and co- financing should continue to apply under pillar 2;
2011/03/21
Committee: AGRI
Amendment 209 #

2011/2051(INI)

Motion for a resolution
Paragraph 1 c (new)
1c. Insists that the two pillar structure should serve the purpose of clarity, each pillar complementing the other without overlapping; the first pillar should deliver EU-wide objectives which require 'across- the-board' action whereas the second pillar should be outcome-oriented and flexible enough to easily accommodate national, regional and/or local specificities;
2011/03/21
Committee: AGRI
Amendment 432 #

2011/2051(INI)

Motion for a resolution
Paragraph 11
11. In the case of direct farm payments, advocates moving away from historical and individual reference values and calls for a transition to a uniform area-based regional or national premium for decoupled payments in the next financing period; recognises, however, that the situations in the individual Member States are very disparate, often requiring special measures per regionfic regional adjustments through targeted measures;
2011/03/21
Committee: AGRI
Amendment 454 #

2011/2051(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Insists, in line with the Commission Communication, that direct payments be distributed to active farmers only, defined according to appropriate objective and non-discriminatory criteria granting the possibility of support to all natural or legal persons whose agricultural activity forms a significant part of their economic activities, or whose principal business or company object consists of exercising an agricultural activity, in line with Article 28(2) of Regulation EC No. 73/2009;
2011/03/21
Committee: AGRI
Amendment 455 #

2011/2051(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Does not believe that the Commission's proposal to introduce an upper ceiling for direct payments would deliver its objectives as it would simply result in the administrative splitting up of large agricultural holdings for pure accountancy purposes; is of the opinion that a degree of degression in the amounts large-scale farms receive from the basic direct payments could be envisaged;
2011/03/21
Committee: AGRI
Amendment 456 #

2011/2051(INI)

Motion for a resolution
Paragraph 13
13. Stresses the need for an adequate basic allowance for small farmers, which Member States can optionally determine in those Member States where these farms help to stabilise rural development; calls for these Member States to decide, in accordance with subsidiarity, what percentage of the direct payments to be incorporated in the new subsidy system should be made available to their small farmers; stresses, however, that this must not hamper the necessary structural change;deleted
2011/03/21
Committee: AGRI
Amendment 479 #

2011/2051(INI)

Motion for a resolution
Paragraph 14
14. Calls for a further simplification of the direct payment system, for example simplified transfer rules for payment entitlements in the event of non- activation, merging of minimum payment entitlements, simplification of the rules governing the national reserve and changes to gear them more to young farmers or reduce them, depending on the transition to the regional/national single area payment, abolition of handwritten cattle registries, an effective and unbureaucratic monitoring system for both pillars and uniform penalties; considers that administrative systems which can be proven to be operating well should be looked upon favourably in the light of the scale of monitoring prescribed;deleted
2011/03/21
Committee: AGRI
Amendment 490 #

2011/2051(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls for the introduction of a second-tier of direct payments consisting of 25 to 30% of the basic direct payments in each Member State to be used as an EU-wide incentivisation scheme targeted at enhancing sustainability by improving both resource and production efficiency, making EU agriculture more competitive, in line with the recently published Commission's 'Roadmap for moving to a competitive low carbon economy in 2050';
2011/03/21
Committee: AGRI
Amendment 495 #

2011/2051(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Calls for a list of EU agreed measures to be established that will deliver the above-mentioned sustainability element of the first pillar with the twin- objective of enhancing farm environmental sustainability throughout Europe while improving farm competitiveness2; __________________ 2 See Annex 2 for an indicative list of measures
2011/03/21
Committee: AGRI
Amendment 496 #

2011/2051(INI)

Motion for a resolution
Paragraph 14 c (new)
14c. Calls for Member States, on a compulsory basis, to choose at least 2 to 3 measures from that EU list according to their priorities; Notes that in order to take account of the diversity of agricultural practices, productions, and ecosystems which characterises some of the Member States, the choice of measures may differ in different regions within a Member State;
2011/03/21
Committee: AGRI
Amendment 497 #

2011/2051(INI)

Motion for a resolution
Paragraph 14 d (new)
14d. Believes that the EU has a role to play in meeting the challenges of food security and energy security, and therefore needs to ensure that agriculture plays a full role in meeting both these challenges; Believes therefore, that it is inappropriate for compulsory set-aside to be included in the list of sustainability measures as proposed by the Commission;
2011/03/21
Committee: AGRI
Amendment 498 #

2011/2051(INI)

Motion for a resolution
Paragraph 14 e (new)
14e. Calls, however, for farmers to have the freedom to opt in to the measures if they want to receive the sustainability payment, and there will be no additional penalties if they choose not to;
2011/03/21
Committee: AGRI
Amendment 499 #

2011/2051(INI)

Motion for a resolution
Paragraph 14 f (new)
14f. Believes that any controls put in place to check the implementation of the payments received under the sustainability top-up should be accommodated within the current integrated agricultural control system (IACS), so as to avoid the duplication of control systems under pillar 1, and that when on-farm checks are necessary, they take place at the same time as the checks already carried out for cross-compliance requirements and direct payments entitlements, or at the same time as checks on compliance with agri- environmental measures under pillar 2;
2011/03/21
Committee: AGRI
Amendment 500 #

2011/2051(INI)

Motion for a resolution
Paragraph 14 g (new)
14g. Believes that compensation for natural disadvantages should still lie in the second pillar; however calls, in line with the Commission's proposals to strengthen the fight against land abandonment and to guarantee local food production for local communities across the EU, for the possibility to be left to Member States to top up the support received by farms situated in areas with natural handicaps through an additional support scheme under pillar 1 using up to 10% of the national basic direct payments;
2011/03/21
Committee: AGRI
Amendment 506 #

2011/2051(INI)

Motion for a resolution
Paragraph 15
15. Considers that decoupling has essentially proved its worth, given the increased effect on income andallowing greater autonomy in decision-making on the part of farmers and the associated simplification of the CAP, and calls for this also, in general, to apply to suckler cow and sheep premiums; recognises, however, that in certain sectors and regions such as mountain regions, where there are no alternatives to relatively labour-intensive livestock farming, there may be considerable economic and environmental drawbacks which cannot be reconciled with the aims of the Treaty; acknowledges, therefore, that production- based premiums might be defensible within a narrowly defined framework for a limited period even after 2013, ensuring farmers respond to market signals, placing the vast bulk of the CAP into WTO green box and the associated simplification of the CAP, therefore calls for decoupling to continue to apply as a general guiding principle for direct payments;
2011/03/21
Committee: AGRI
Amendment 524 #

2011/2051(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Recognises, however, that in certain sectors and regions such as disadvantaged regions (hill and mountain farming, specific climatic areas, etc.), where there are no alternatives to livestock farming, there may be considerable economic and environmental drawbacks which cannot be reconciled with the aims of the Treaty; Furthermore, given the move from a historical to an area support model, considers that an adequate margin for flexibility should be left to Member States; acknowledges, therefore, that production- based premiums remain defensible at WTO level, as part of the fight against land abandonment and in order to boost certain national priorities such as encouraging organic production or specific grassland-based livestock production;
2011/03/21
Committee: AGRI
Amendment 529 #

2011/2051(INI)

Motion for a resolution
Paragraph 16
16. Calls – without casting any doubt on the results of the 2008 Health Check of the CAP –fore for appropriations under Article 68 of Regulation (EC) No 73/2009 primarily to be allocated within WTO limits for measures to promote territorial coherence and boost keykey and vulnerable sectors (e.g. the dairy and sheep sectors and suckler cows), or for area- based environmental measures (e.g. organic farming) which to date have not been included in the second pillar; considers that the budget for Article 68 could – subject to contrary results of an impact assessment – cover up to 10% of direct payments, protein crops programmes, extensive grazing systems);
2011/03/21
Committee: AGRI
Amendment 555 #

2011/2051(INI)

Motion for a resolution
Paragraph 17
17. Observes that, for historical reasons, farms in the European Union have a very diverse structure as regards size, employment arrangements and legal form; is aware that direct payments are moving away from a historical basis to area-based payments and that the provision of public goods is independent of farm size; rejects, therefore, measures which discriminate against particular types of farm;deleted
2011/03/21
Committee: AGRI
Amendment 572 #

2011/2051(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to submit by 30 June 2016 a report setting out comprehensively how livestock farming in Europe can be safeguarded in the long term with regard to multifunctionality and regional aspects (such as mountain areas, Nordic regions and extremely remote areas) and also dealing with the question of how far the aims of the CAP can be realised in a more efficient, targeted way by means of decoupled, indirect support, e.g. premiums for extensive grassland or pasture land;deleted
2011/03/21
Committee: AGRI
Amendment 593 #

2011/2051(INI)

Motion for a resolution
Paragraph 19
19. Considers that direct payments should be made only to active farmers; realises that, under the system of decoupled direct payments, each farmer who uses farmland for production or who tends it in order to maintain GAEC should receive direct payments; calls on the Commission therefore to devise a definition of ‘active farmer’ which the Member States can administer without additional administrative effort, while it should be ensured that traditional farming activities (full-time and various degrees of part- time) are classified as active farming;deleted
2011/03/22
Committee: AGRI
Amendment 623 #

2011/2051(INI)

Motion for a resolution
Subheading before paragraph 20
Resource protection and environmental policy componentdeleted
2011/03/22
Committee: AGRI
Amendment 626 #

2011/2051(INI)

Motion for a resolution
Paragraph 20
20. Considers that better resource protection is an element in sustainable farming, which should involve separate support for environmental measures going beyond the requirements of Cross Compliance (CC), which already entail many environmental measures, and being geared to multiannual applications, as a result of which greater environmental benefits can be attained;deleted
2011/03/22
Committee: AGRI
Amendment 646 #

2011/2051(INI)

Motion for a resolution
Paragraph 21
21. Considers that resource protection should be directly linked to the granting of direct payments in order to attain these environmental objectives to the maximum without the need to introduce new, bureaucratic environmental conditions into the first pillar; considers that a flat- rate income payment, as envisaged in a top-up model in the first pillar, must cover costs and income losses;deleted
2011/03/22
Committee: AGRI
Amendment 667 #

2011/2051(INI)

Motion for a resolution
Paragraph 22
22. Considers therefore that any environmental advantages can be attained more effectively and directly by means of second-pillar measures adopted by the Member States, which should ideally build on existing agrienvironmental measures or should supplement measures which take into account climatic and geographical differences in the Member States; observes that resource protection programmes should be pursued everywhere by means of a priority catalogue of area-based measures in the second pillar which are subject to basic requirements, particularly in the fields of climate, environment and innovation (Annex I), and are 100% EU-financed; regards the greening of direct payments in the first pillar as lying in the fact that any recipient of direct payments in the EU must implement at least two priority area- based resource protection programmes in order to be eligible for the complete farm payment; believes that the administration involved in these measures can be minimised by managing them in accordance with the system of the existing agrienvironmental programmes, thus avoiding duplication of monitoring and additional application and administration procedures;deleted
2011/03/22
Committee: AGRI
Amendment 699 #

2011/2051(INI)

Motion for a resolution
Paragraph 23
23. Calls for the resources allocated to greening to be reserved for recipients of direct payments and only disbursed in connection with greening;deleted
2011/03/22
Committee: AGRI
Amendment 716 #

2011/2051(INI)

Motion for a resolution
Paragraph 24
24. Regards this model as making a substantial contribution to the simplification of the direct payments system and to the attainment of new compulsory environmental objectives; observes that, under this model, there is no need to step up the current rate of monitoring and the current monitoring capacities, as existing checks can be used, and that checks in the second pillar can be combined in the basic and regeneration programme; considers also that no new systems of payments or penalties need be introduced;deleted
2011/03/22
Committee: AGRI
Amendment 733 #

2011/2051(INI)

Motion for a resolution
Paragraph 25
25. Realises that resources from the first pillar (as for a top-up model) should be used to pay for this environmental component; believes, however, that Member States where direct payments lie below the EU average should be given the option of making the payment by means of cofinancing from the first pillar or instead by means of financing entirely from the second pillar; observes that the Member States must notify the Commission of their decision on the financing by 31 July 2013; notes that individual Member States' modulation resources should be used;deleted
2011/03/22
Committee: AGRI
Amendment 753 #

2011/2051(INI)

Motion for a resolution
Paragraph 26
26. Advocates compensation for natural disadvantages in the second pillar and rejects a complementary payment in the first pillar on account of the additional administrative work involved;deleted
2011/03/22
Committee: AGRI
Amendment 773 #

2011/2051(INI)

Motion for a resolution
Paragraph 27
27. Considers that direct payments are no longer justified without cross compliance (CC) and therefore that the CC system should apply to all recipients of direct payments19;
2011/03/22
Committee: AGRI
Amendment 782 #

2011/2051(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Points out that the cross-compliance system makes the granting of direct payments subject to compliance with statutory requirements and the maintenance of farmland in good agricultural and environmental condition, and remains one of the appropriate means of optimising the provision of baseline eco-system services by farmers and meeting new environmental challenges by securing the provision of basic public goods; notes, however, that the introduction of cross-compliance has raised a whole range of problems relating to administrative issues and acceptance by farmers, who had the impression that they were losing a degree of freedom in their work; calls therefore for the administrative burden on farmers to be reduced through a simplified implementation system for cross- compliance requirements;
2011/03/22
Committee: AGRI
Amendment 785 #

2011/2051(INI)

Motion for a resolution
Paragraph 27 c (new)
27c. Believes that genuine efforts are being made to simplify the system and reduce the administrative red-tape placed on farmers; calls however for a simplified, more proportionate and risk-based approach by the Commission and Member States to the implementation of regulatory controls, the conduct of compliance audits and the system of penalties;
2011/03/22
Committee: AGRI
Amendment 786 #

2011/2051(INI)

Motion for a resolution
Paragraph 27 d (new)
27d. Is ready to consider the introduction of a small farmers' scheme under pillar 1, only if the primary objective of such a system is to simplify administrative procedures and paper work for small farmers and as long as it does not undermine competitiveness or frustrate the necessary modernisation of EU agriculture; such a scheme could consist of taking recipients of direct payments out of the mainstream basic direct payments system when they are currently below a certain amount of annual support; Takes the view that such a scheme should be voluntary on Member States and allow them sufficient flexibility to determine who is eligible as a 'small farmer' in each country;
2011/03/22
Committee: AGRI
Amendment 787 #

2011/2051(INI)

Motion for a resolution
Paragraph 28
28. Calls, in view of the greater concentration of direct payments on resource protection and environmental measures, for a substantial reduction of the scope of CC; calls on the Commission to make significant progress in simplifying and harmonising rules on monitoring;deleted
2011/03/22
Committee: AGRI
Amendment 797 #

2011/2051(INI)

Motion for a resolution
Paragraph 29
29. Considers that CC should be restricted to monitoring for compliance with fundamental and recognised standards and standards closely related to farming, which lend themselves to systematic monitoring;deleted
2011/03/22
Committee: AGRI
Amendment 809 #

2011/2051(INI)

Motion for a resolution
Paragraph 31
31. Could envisage a modest adaptation of the requirements to maintain GAEC with regard to altered environmental and production conditions (climate change, biomass), if the introduction of the new requirements in a comparable way throughout Europe were guarantedeleted;
2011/03/22
Committee: AGRI
Amendment 820 #

2011/2051(INI)

Motion for a resolution
Subheading before paragraph 32
Market instruments and safety netsafety net and trade relations
2011/03/22
Committee: AGRI
Amendment 849 #

2011/2051(INI)

Motion for a resolution
Paragraph 33
33. Considers that the health check approach should be pursued further, as these existing market instruments have also demonstrated their value as a safety net; takes the view that these market measures, and in particular intervention, should only be used as a safety net in case of price crises and potential market disruption;
2011/03/22
Committee: AGRI
Amendment 883 #

2011/2051(INI)

Motion for a resolution
Paragraph 36
36. Considers that a multi-stageinimum safety net comprising private storage, and public intervention, market disruption instruments and an emergency clause would confer the greatest possible benefit; calls for private storage and public intervention to be permitted for specific sectors where market disruptions are of limited duration; calls furthermo should be available to tackle market crisis and believes the Commission must have the powers and the resources to react quickly to a major crisis; considers there for a market disruption instrument and an emergency clause to be established for all sectors in common, making it possible for the Commission, under certain circumstances, in the event of crises to take action over a limited period which goes beyond the existing instrumene, that a special reserve budget line which could be swiftly activated should be made available in future EU budgets to provide a rapid reaction tool in the event of severe crises in the agricultural markets;
2011/03/22
Committee: AGRI
Amendment 902 #

2011/2051(INI)

Motion for a resolution
Paragraph 37
37. Considers that the use of these instruments which have been described should be triggered only by a political assessment by the EU legcould be complemented by new economic and financial tools that are innovative and flexible such as futures markets or private mutualislatureion funds;
2011/03/22
Committee: AGRI
Amendment 937 #

2011/2051(INI)

Motion for a resolution
Paragraph 40
40. Considers that private- sector insurance schemes, suchas well as multi-hazard insurance, must be developed in view of increasing risks; is aware of the fact that, without public contributions to the financing (from the EU and Member States), this would be difficult; supports the adoption of an EU-wide and WTO-compliant environment to ensure that no distortions of competition occur among Member States; rejects, however, the introduction of EU-wide insurance systems schemes partly financed by public funds could be promoted as an option in the Member States; Stresses, however, that these instruments must respect WTO rules, and that they should not distort intra-EU competition conditions and trade; Calls therefore, for an EU framework to be followed by those Member States implementing these measures, which should be enshrined in the Single Common Market Organisation;
2011/03/22
Committee: AGRI
Amendment 949 #

2011/2051(INI)

Motion for a resolution
Paragraph 41
41. Considers rather that these measures should be promoted optionally, by decision of the Member State, in the first pillar (now Article 69) within the existing financing ceiling of the Member State concerned and that Member States should be allowed, initially, on the basis of national and regional needs, to use up to 2% of direct payments for risk management, stabilisation and prevention measures; considers that, in justified cases, Member States should be allowed to make additional resources available from national funds;deleted
2011/03/22
Committee: AGRI
Amendment 985 #

2011/2051(INI)

Motion for a resolution
Paragraph 43
43. Takes the view, therefore, that the Commission should devise common rules on support from Member States for risk management systems, possibly by creating common rules in the common market organisation, in order to keep to a minimum any distortion of competition and trade; calls, furthermore, on the Commission to notify all measures to introduce risk management and to submit an appropriate impact assessment with the legislative proposal;deleted
2011/03/22
Committee: AGRI
Amendment 992 #

2011/2051(INI)

Motion for a resolution
Paragraph 44
44. Acknowledges that in the WTO negotiations the EU has offered to abolish export refunds, albeit with the proviso that other trading partners (particularly the USA, Canada, Australia and New Zealand) also bring their export support into line with WTO rules; calls for the EU likewise to formulate a system for export credits which complies with WTO rulesReaffirms the EU commitment to phase-out export refunds by 2013 if this move is reflected in WTO partners abandoning in parallel similar measures and measures having equivalent effect, in particular the USA, Canada, Australia and New Zealand;
2011/03/22
Committee: AGRI
Amendment 1002 #

2011/2051(INI)

Motion for a resolution
Paragraph 44 a (new)
44 a. Recalls that EU farmers are required to produce food to the highest safety, environmental, quality and animal welfare standards and should be rewarded for doing so; believes that imports from third countries should, respecting WTO rights and obligations, meet the same standards, to ensure fair competition; calls on the Commission to uphold the interests of European farmers in the context of multilateral and bilateral trade agreements negotiated on behalf of the EU; supports clear labelling which highlights the geographical origin of products;
2011/03/22
Committee: AGRI
Amendment 1030 #

2011/2051(INI)

Motion for a resolution
Paragraph 46
46. Calls on the Commission to investigate whether the current arrangement wherebymaintain the planting rights currently granted under the wsingle market organisation ban on planting is to expire should be maintained, in view of anticipated market trends, in view of the specific nature of this sector;
2011/03/22
Committee: AGRI
Amendment 1040 #

2011/2051(INI)

Motion for a resolution
Paragraph 47
47. Observes thatAsks for solutions to be formulated at global level to tackle abuses of speculation in agricultural commodities should be combated; adand extreme price voclates a worldwide notification system for agricultural stocks; observesility as they potentially put food security at risk; insists in thatis consideration should be given to maintaining stocks of vital agricultural commoditietext that the EU should adopt a coordinated approach with its trade partners in order to avoid further markets disruptions;
2011/03/22
Committee: AGRI
Amendment 1049 #

2011/2051(INI)

Motion for a resolution
Paragraph 47 a (new)
47 a. Calls for measures to be taken to strengthen primary producers' and producer organisations' management capacity and bargaining power vis-à-vis other economic operators in the food chain (primarily retailers, processors and input companies), provided these developments do not hinder the proper functioning of the internal market; takes the view that the functioning of the food supply-chain should be improved, through greater transparency of food prices and action to address unfair commercial practices, enabling farmers to obtain the added value they deserve; believes that the appointment of ombudsmen should be considered with a view to solving disputes between the operators along the food supply-chain;
2011/03/22
Committee: AGRI
Amendment 1057 #

2011/2051(INI)

Motion for a resolution
Subheading before paragraph 48
Pillar 2: Rural development
2011/03/22
Committee: AGRI
Amendment 1061 #

2011/2051(INI)

Motion for a resolution
Paragraph 48
48. Is aware of the importance ofPoints out that rural development under the second pillar, in view of its environmental, modernisation and structural improvement achievements, but also for attaining political objectives, which should also benefit farmers; calls therefore for second-pillar measures to be better suited to their objectives, so that the effectiveness of grows now an integral part of the CAP architecture and should remain an important element of the future CAP through a well-equipped rural development strategy with a reinforced focus on growth and innovation in rural areas, improving th,e employment and climate measures and measures for the benefit of rural areas can be increased; considers that, in this context, particular attention should be devoted to assisting young farmernvironment, mitigating and adapting to climate change, modernising and restructuring agriculture, strengthening cohesion in EU rural areas, revitalising disadvantaged areas and areas at risk of abandonment, improving agricultural added-value and competitiveness and creating new jobs in rural areas;
2011/03/22
Committee: AGRI
Amendment 1107 #

2011/2051(INI)

Motion for a resolution
Paragraph 49
49. Advocates therefore introducing targeted measures, to be decided by the Member States in the second pillar, to attain priority objectives of the EU (2020 Strategy); observes that these measures should be applied in addition to the basic programmes for greening of direct payments in the first pillar and that a reduced national cofinancing rate of 25% should apply, for a targeted approach under the second pillar, with sufficient flexibility left to Member States and regions to prioritise their rural development programmes at key priorities providing instruments to achieve the EU 2020 Strategy objectives;
2011/03/22
Committee: AGRI
Amendment 1124 #

2011/2051(INI)

Motion for a resolution
Paragraph 49 a (new)
49 a. Calls, in line with the Commission Communication, for a more outcome- oriented approach through a general move towards the use of delivery tools that set goals and empower farmers and rural communities to choose their own systems to meet multiannual targets and objectives, such as outcome agreements and simple contracts;
2011/03/22
Committee: AGRI
Amendment 1128 #

2011/2051(INI)

Motion for a resolution
Paragraph 49 b (new)
49 b. Believes that Green growth should be at the heart of a new rural development strategy that focuses on creating new opportunities in terms of: - developing rural areas' potential to produce more renewable and sustainable energy from second-generation biofuels, from biomass, agro-materials, agro-waste and the by-products of agriculture; - boosting on-farm small-scale renewable energy production; - investing in innovative techniques as well as projects for applying research and development on farms; - providing technical support and advice to farmers, especially young farmers, in applying new agricultural techniques;
2011/03/22
Committee: AGRI
Amendment 1134 #

2011/2051(INI)

Motion for a resolution
Paragraph 49 c (new)
49 c. Emphasises in the context of the EU 2020 Strategy that research and development, the use of new technologies and best agricultural practices are crucial to develop sustainable intensive and precision farming techniques in order to improve competitiveness and increase production and agricultural productivity while reducing the use of scarce resources such as water, land and energy; takes the view that investment in agricultural innovation should be further encouraged with a view to increase the use of the best available technologies on farms, inter alia through the CAP and EU research and development framework programmes, in order to address new challenges, starting with feeding a projected global population of 9 billion people in 2050 while making a better use of resources;
2011/03/22
Committee: AGRI
Amendment 1136 #

2011/2051(INI)

Motion for a resolution
Paragraph 49 d (new)
49 d. Believes that farmers can actively contribute to biodiversity, landscape management and environmental protection, as well as climate change adaptation and mitigation, in a cost- effective way; calls for the CAP to provide the opportunity for the vast bulk of agricultural land to be covered by agri- environmental schemes to further incentivise a majority of farmers for the delivery of additional eco-system services while encouraging more sustainable, lower-input production models such as organic farming, precision farming, the development of high-nature-value farming and sustainable intensive agricultural practices; recalls in this context that the agri-environmental programmes must be designed so as to closely fit national and regional priorities and specificities, and be clearly differentiated from the sustainability element of the first pillar in their objectives, scale and tools;
2011/03/22
Committee: AGRI
Amendment 1140 #

2011/2051(INI)

Motion for a resolution
Paragraph 50
50. Advocates in this connection thatfor the compensatory allowance for disadvantaged areas to be retained in the second pillar; considers that it should be ascertained what cofinancing rate appears to be appropriate; calls on the Commission to retain the existing c, independently of the voluntary national top-up under pillar 1; Believes that this will ensure that agricultural activity takes place so that land continues to be managed and local food is produced for local communities across the EU, thereby reducing the threat of land abandonment and ensuring a balanced territeoria for demarcation of disadvantaged areasl management as well as a rational development of agricultural production across the EU;
2011/03/22
Committee: AGRI
Amendment 1162 #

2011/2051(INI)

Motion for a resolution
Paragraph 50 a (new)
50 a. Stresses that less favoured areas are often of high value in terms of the cultivated landscape, biodiversity preservation and provision of environmental benefits, as well as rural areas dynamism; Asks the Commission, therefore, to orientate its compensatory programmes for these specific areas towards these goals through a careful choice of biophysical selection criteria; Recalls in this context that the European Parliament, in its resolution of 5th May 2010, asked for additional criteria to be considered such as 'isolation' to address difficulties arising from distance from the market, remoteness and limited access to services, as well as the inclusion of a 'field-capacity days' criterion to address the interaction between soil types and climate and notably reflect maritime climate difficulties;
2011/03/22
Committee: AGRI
Amendment 1169 #

2011/2051(INI)

Motion for a resolution
Paragraph 51
51. Stresses at the same time, however, that rural structures differ widely in the Member States and therefore require different measures; calls therefore for flexibility to allow the Member States to adopt voluntary measures, thwhich could be co-financing rate for which should be based on the rates current at the timeed by the EU on the condition that these measures have been notified to the Commission and approved;
2011/03/22
Committee: AGRI
Amendment 1189 #

2011/2051(INI)

Motion for a resolution
Paragraph 52
52. Advocates that, in the case of measures which are of particular importance to Member States, an optional increase of 25% inthe national financing in the second pillar (top- up) should be possible; Stresses however, that these top-ups should not lead to a renationalisation of pillar 2 or increase the gap in Member States' ability to co- finance their priorities;
2011/03/22
Committee: AGRI
Amendment 1196 #

2011/2051(INI)

Motion for a resolution
Paragraph 53
53. Calls for abrupt changes in the allocation of appropriations in the second pillar to be avoided, as Member States require certainty to enable them to plan and continuity of financing fair redistribution of second pillar funds to be achieved between Member States, according to objective criteria that must reflect the diversity of needs in European rural areas and the different priority objectives to be achieved by different Member States; Advocates for these changes to be achieved after a transition period in parallel with the changes made to first pillar funds distribution and so as to avoid sudden changes that may be disruptive;
2011/03/22
Committee: AGRI
Amendment 1218 #

2011/2051(INI)

Motion for a resolution
Paragraph 55
55. Calls for simplification and a review of the cross-compliance rulerequirements and controls for the second pillar, considers simplification of the current indicator system to be necessary and takes a critical view of the introduction of quantitative targets;
2011/03/22
Committee: AGRI
Amendment 1228 #

2011/2051(INI)

Motion for a resolution
Paragraph 56
56. Welcomes the move towards greater coordination at EU level of EU funds; advocates, however, that the funds be preserved as politically autonomous instrumentbetween rural development programmes and cohesion policy in particular, with a view to avoiding duplication, contradictory objectives and overlapping; recalls however, that the scale of the projects under EU cohesion policy and rural development programmes is different and therefore advocates for the funds to remain distinct and for rural development programmes to maintain their focus on rural communities;
2011/03/22
Committee: AGRI
Amendment 1243 #

2011/2051(INI)

Motion for a resolution
Subheading before paragraph 57
Miscellaneousdeleted
2011/03/22
Committee: AGRI
Amendment 1247 #

2011/2051(INI)

Motion for a resolution
Paragraph 57
57. Observes that there is a need for action with regard to national tax law applicable to farms in order to distribute the tax burden more evenly over a period of years;deleted
2011/03/22
Committee: AGRI
Amendment 3 #

2011/2011(INI)

Motion for a resolution
Recital A
A. whereas the development of the world economy during the last decades generally has been remarkably successful, with the number of people living in relative prosperity increasing from one to four billion, but this development has not remedied inequalities, with the result that more than one billion people are still living below the poverty threshold and, according to statistics from the International Labour Organisation for 2009, nearly 40% of workers are living in poverty, thus justifying the European Union’s decision to make combating poverty one of the priorities of the EU 2020 strategy,
2011/05/24
Committee: ECON
Amendment 9 #

2011/2011(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas the development of the global economy in recent decades has suffered from unsustainable imbalances,
2011/05/24
Committee: ECON
Amendment 10 #

2011/2011(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas effective global economic governance would make it possible to minimise the negative impacts and correct the dangerous effects of globalisation, such as the rise in inequality or destruction of the environment,
2011/05/24
Committee: ECON
Amendment 34 #

2011/2011(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas it is essential to ensure that economic and financial systems do not harm the real economy,
2011/05/24
Committee: ECON
Amendment 39 #

2011/2011(INI)

Motion for a resolution
Paragraph 1
1. Stresses that an imbalance as such does not necessarily constitute a threat to financial stability or economic growth; taking this into account, stresses that imbalances stemming from structural misalignments and a lack of competitiveness in the domestic economy should be addressed, as this is where the fundamental problems are to be foundupports the work and commitments of G20 States to implement medium-term fiscal consolidation, pursuing appropriate monetary policies, enhancing exchange rate flexibility to better reflect underlying economic fundamentals, and structural reforms to foster job creation and contribute to global rebalancing;
2011/05/24
Committee: ECON
Amendment 44 #

2011/2011(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Supports the establishment of a timetable for an ambitious action plan that will implement the G20 Framework for Strong, Sustainable and Balanced Growth;
2011/05/24
Committee: ECON
Amendment 45 #

2011/2011(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Considers that one of the priority objectives of global economic governance should be to create a framework conducive to long-term investment;
2011/05/24
Committee: ECON
Amendment 46 #

2011/2011(INI)

Motion for a resolution
Paragraph 1 c (new)
1c. Stresses that an imbalance as such does not necessarily constitute a threat to financial stability or economic growth; stresses, however, that it is important to remedy a certain number of imbalances which give rise to fundamental problems;
2011/05/24
Committee: ECON
Amendment 47 #

2011/2011(INI)

Motion for a resolution
Paragraph 2
2. Recognises that policy-makers around the world have already proposed different solutions and reforms of global financial governance to help rebalance the world economy and avoid another slump;deleted
2011/05/24
Committee: ECON
Amendment 59 #

2011/2011(INI)

Motion for a resolution
Paragraph 4
4. Is aware that, ultimately, confidence in the strength of the underlying economy and the depth and sophistication of its financial markets are the main determinants for which currencies are kept as reserves by central banks;deleted
2011/05/24
Committee: ECON
Amendment 75 #

2011/2011(INI)

Motion for a resolution
Paragraph 7
7. Supports the work and commitments of G20 States to implement medium-term fiscal consolidation, pursuing appropriate monetary policies, enhancing exchange rate flexibility to better reflect underlying economic fundamentals, and structural reforms to foster job creation and contribute to global rebalancing;deleted
2011/05/24
Committee: ECON
Amendment 81 #

2011/2011(INI)

Motion for a resolution
Paragraph 8
8. Supports the establishment of a timetable for an action plan that will implement the G20 Framework for Strong, Sustainable and Balanced Growth;deleted
2011/05/24
Committee: ECON
Amendment 87 #

2011/2011(INI)

Motion for a resolution
Paragraph 9
9. Takes the view that the commitments given in the G20 need to be more concrete and that progress needs to be monitored by an independent body, such as the IMF;
2011/05/24
Committee: ECON
Amendment 91 #

2011/2011(INI)

Motion for a resolution
Paragraph 10
10. StresseRecalls the need to agree a set ofperform macroeconomic indicators that will allow this monitoring to take place at a global level; underlines that these indicators should cover internal imbalances, such asmonitoring at a global level; warmly welcomes therefore the adoption of a series of indicators at G20 level; is gratified that these indicators cover not only public debt and deficits andbut also private savings and debt, as well as external imbalances from trade and investment flows and transferin order to take into account internal imbalances; deplores, however, the fact that exchange rates and competitiveness are not among the indicators chosen, although they are useful for the purpose of assessing external imbalances;
2011/05/24
Committee: ECON
Amendment 96 #

2011/2011(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses that financial actors are evolving at global level and therefore considers it necessary to remedy very speedily the lacunae in coordination of financial regulation in order to prevent certain financial actors from taking advantage of regulatory arbitrage;
2011/05/24
Committee: ECON
Amendment 97 #

2011/2011(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Calls on the various international forums to continue with their efforts in relation to the issue of excessive salaries in the financial sector, and to develop comprehensive and balanced responses;
2011/05/24
Committee: ECON
Amendment 101 #

2011/2011(INI)

Motion for a resolution
Paragraph 12
12. Stresses that the European Union must play a leading role in global economic reform to make international institutions more legitimate, transparent and accountable; Takes the view that global economic governance must enhance the complementarity of legitimate supra- national institutions operating in specific sectors, which act as shock absorbers and help to preserve global financial stability; emphasises, however, that institutional forums (such as the G7, G10 and G20) play a significant role in those areas in which the decision-making process continues to be confined to national level, in helping to develop standards and codes and facilitating the coordination of macro-economic policies;
2011/05/24
Committee: ECON
Amendment 107 #

2011/2011(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Maintains that global economic governance must be sufficiently responsive, flexible and pragmatic to make it possible to establish which arrangements are the most suitable, depending on the circumstances and in accordance with the principle of subsidiarity;
2011/05/24
Committee: ECON
Amendment 108 #

2011/2011(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Stresses that the European Union must play a leading role in global economic reform to make international institutions and informal forums more legitimate, transparent and accountable;
2011/05/24
Committee: ECON
Amendment 109 #

2011/2011(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Notes that these institutions and forums, in particular the G20, lack a certain parliamentary legitimacy at the global level, and consequently calls on them to involve parliaments in their decision-making processes; deplores the democratic shortcomings of some partners;
2011/05/24
Committee: ECON
Amendment 110 #

2011/2011(INI)

Motion for a resolution
Paragraph 12 d (new)
12d. Considers the G20 to be a crucial stage in, and a key forum for, global cooperation, notwithstanding issues of representativeness; calls, therefore, for adjustments to ensure more satisfactory representation of the states within it, and for similar adjustments to international economic and financial institutions;
2011/05/24
Committee: ECON
Amendment 111 #

2011/2011(INI)

Motion for a resolution
Paragraph 12 e (new)
12e. Notes the problems that may arise if the policies pursued by the various informal forums and international economic and financial institutions lack coherence; maintains that measures to promote global institutional coordination should be adopted via the IMF;
2011/05/24
Committee: ECON
Amendment 112 #

2011/2011(INI)

Motion for a resolution
Paragraph 13
13. Underlines the need for a global understanding and a common approach regarding monetary policy, sustainable public finances and flexible currencies based on economic fundamentals; considers that the global economy should be characterised by free trade in all sectorsmost sectors, where this is possible in the light of extra-economic conditions of production (such as social and environmental conditions); stresses that the IMF and WTO should be the core of such a process, with input from the G20 and other relevant bodies;
2011/05/24
Committee: ECON
Amendment 119 #

2011/2011(INI)

Motion for a resolution
Paragraph 14
14. Recommends a strong and independent IMF with sufficient tools and resources enabling it to increase its attention to cross- country linkages by not only strengthening multilateral surveillance but also focussing on economies of systemic importance and developing indicators to assess durable large imbalances;
2011/05/24
Committee: ECON
Amendment 123 #

2011/2011(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Emphasises the importance of the international initiatives undertaken in the areas of accounting and audit standards, for example; notes, accordingly, that the IMF and the G20 are not the only players in global economic governance;
2011/05/24
Committee: ECON
Amendment 124 #

2011/2011(INI)

Motion for a resolution
Paragraph 15
15. Considers the G20 to be a key forum for global cooperation, but also underlines a lack of representativeness; stresses that actions for global institutional coordination should be carried out through the IMF;deleted
2011/05/24
Committee: ECON
Amendment 145 #

2011/2011(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Emphasises the progress made in the European Union thanks to the establishment of the European Systemic Risk Board (ESRB) and the three European Supervisory Authorities (ESAs); hopes that this experience can yield valuable lessons for the establishment of a financial supervisory system at the global level;
2011/05/24
Committee: ECON
Amendment 146 #

2011/2011(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Stresses the need to give European financial supervisory bodies a clear mandate to work in close cooperation with their non-EU or international counterparts, as the ESRB does with the Financial Stability Board (FSB);
2011/05/24
Committee: ECON
Amendment 147 #

2011/2011(INI)

Motion for a resolution
Paragraph 16 c (new)
16c. Stresses the need to combine micro- and macro-prudential supervision as part of a coherent, uniform approach;
2011/05/24
Committee: ECON
Amendment 150 #

2011/2011(INI)

Motion for a resolution
Paragraph 17
17. Recommends an enhanced macro- prudential dialogue, with a focus on the Atlantic dialogue, even-handed implementation of the Basel III packageprinciples of the Basel III package – with due regard for the existing range of banking structures – and further discussions on widening the scope of supervision to non-bank financial institutions;
2011/05/24
Committee: ECON
Amendment 154 #

2011/2011(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Welcomes the establishment of the Global Economy Meeting of central bank governors under the auspices of the Bank for International Settlements (BIS), as a reference group for the organisation of cooperation among central banks;
2011/05/24
Committee: ECON
Amendment 155 #

2011/2011(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Is concerned about the risk of fragmentation as a result of the variety of regulations affecting the activities of global financial players; calls, therefore, for a greater degree of integration between the mechanisms put in place in different sectors;
2011/05/24
Committee: ECON
Amendment 183 #

2011/2011(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Recalls that, under Article 138 of the Lisbon Treaty, the eurozone is supposed to introduce unified external representation; urges the Commission to put forward a legislative proposal to that effect;
2011/05/24
Committee: ECON
Amendment 17 #

2011/0442(COD)

Proposal for a decision
Recital 1 a (new)
(1a) The countries of the Southern and Eastern Mediterranean referred to in this Regulation consist of member countries of the Union for the Mediterranean that are located on the southern and eastern shoreline of the Mediterranean and Jordan which is closely integrated into that region.
2012/03/23
Committee: ECON
Amendment 103 #

2011/0386(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Under a redemption fund, the debt above the reference value laid down in Protocol (No 12) on the excessive deficit procedure could be transferred to a common fund subject to joint liability. A consolidation path would need to be laid down for each Member State according to which it would be obliged to autonomously redeem the transferred debt over a period of 20 to 25 years.
2012/03/13
Committee: ECON
Amendment 118 #

2011/0386(COD)

Proposal for a regulation
Article -1 (new)
Article -1 Economic dialogue The competent committee of the European Parliament may invite the President of the Council, the Commission and, where appropriate, the President of the European Council or the President of the Eurogroup, to appear before the committee to discuss Council decisions under Article 126(6) TFEU, Council recommendations under Article 126(7) TFEU, notices under Article 126(9) TFEU or Council decisions under Article 126(11) TFEU. The competent committee of the European Parliament may offer the opportunity to the Member State concerned by the closer monitoring referred to in Article 6(6) to participate in an exchange of views. The Council and the Commission shall regularly inform the European Parliament of the application of this Regulation.
2012/03/13
Committee: ECON
Amendment 145 #

2011/0386(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall have in place numerical fiscal rules on the budget balance that implement in the national budgetary processes their medium-term budgetary objective as defined in Article 2a of Regulation (EC) No 1466/97. Such rules shall cover the general government as a whole and be of binding, preferably constitutional, nature. Member States may deviate temporarily from the medium- term objective or the adjustment path towards it in exceptional circumstances, provided that such deviation does not endanger fiscal sustainability in the medium term.
2012/03/13
Committee: ECON
Amendment 152 #

2011/0386(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that the annual budgetary position of the general government is balanced or in surplus. To that end, as a special agreement among Member States to go beyond Regulation (EC) No 1466/97, the annual structural balance of the general government shall not exceed a country-specific reference value, with a limit of a structural deficit of 0,5% of GDP. Where the general government debt level is significantly below 60% of GDP and risks to long-term fiscal sustainability are low, the country- specific reference value for the annual structural balance of the general government may reach a limit of a structural deficit of at most 1% of nominal GDP.
2012/03/13
Committee: ECON
Amendment 157 #

2011/0386(COD)

Proposal for a regulation
Article 4 – paragraph 1 b (new)
1b. Member States shall put in place a correction mechanism to be triggered automatically with the aim of correcting significant observed deviations from the medium-term objective or the adjustment path towards it, including their accumulated impact on government debt dynamics. The Commission shall adopt delegated acts further specifying the nature, size and time frame of the correction mechanism, including in the case of exceptional circumstances.
2012/03/13
Committee: ECON
Amendment 161 #

2011/0386(COD)

Proposal for a regulation
Article 4 – paragraph 1 c (new)
1c. Member States shall ensure rapid convergence of their medium-term objectives on the basis of ambitious and binding time frames proposed by the Commission, which take country-specific fiscal sustainability risks into consideration. The proposed time frames shall be made public.
2012/03/13
Committee: ECON
Amendment 202 #

2011/0386(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 1
5. Where the Commission identifies particularly serious non-compliance with the budgetary policy obligations laid down in the Stability and Growth Pact, it shall, within two weeks from the submission of the draft budgetary plan, request a revised draft budgetary plan from the Member State concerned. This request shall be made public and the Commission shall explain its request in front of the competent committee of the European Parliament.
2012/03/13
Committee: ECON
Amendment 222 #

2011/0386(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The Commission shall make an overall assessment of the budgetary situation and prospects in the euro area as a whole. The assessment shall be made publicCommission shall present in public its overall assessment to the competent committee of the European Parliament.
2012/03/13
Committee: ECON
Amendment 228 #

2011/0386(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. The Eurogroup and the competent committee of the European Parliament shall discuss opinions of the Commission on the national budgetary plans and. They shall also discuss the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the Commission in accordance with paragraph 3. The assessment shall be made public.
2012/03/13
Committee: ECON
Amendment 248 #

2011/0386(COD)

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
Member State shall report regularly to the Commission and to the Economic and Financial Committee or any sub-committee it will designate for that purpose, for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues, as well as information on the measures adopted and the nature of those envisaged to achieve the targets. The report shall be made public. The competent committee of the European Parliament may offer the opportunity to the Member State concerned to participate in an exchange of views.
2012/03/13
Committee: ECON
Amendment 256 #

2011/0386(COD)

Proposal for a regulation
Article 7 – paragraph 6 a (new)
6a. The competent committee of the European Parliament may offer the opportunity to the Member State concerned by the closer monitoring referred to in paragraph 6 to participate in an exchange of views.
2012/03/13
Committee: ECON
Amendment 273 #

2011/0386(COD)

Proposal for a regulation
Article -11 (new)
Article -11 European Redemption Fund 1. A European redemption fund (ERF), based on joint liability and strict fiscal discipline is established with the aim of reducing excessive debt over a period of maximum 25 years after which the ERF will be wound up. 2. Member States whose currency is the euro and who are not under an assistance or adjustment programme shall: (a) transfer debt amounts above 60 % of GDP to the ERF over a roll-in period of five years; (b) implement a budget rule with a lower limit of a structural deficit of 0,5 % of GDP in their national constitution; (c) implement a fiscal consolidation strategy and a structural reform agenda; (d) lodge guarantees to cover their liabilities in the form of international currency reserves and tax revenues which accrue directly to the ERF; (e) reduce their structural deficit during the roll-in period to comply with the budget rule in point (b). 3. The Commission shall ensure the setting up and day-to-day management of the ERF. It shall, in particular: (a) set up a Board of Governors composed of one member of government who is responsible for finance from each participating Member State and chaired by the Member of the European Commission in charge of economic and monetary affairs; (b) propose to the Board of Governors the technical terms for the functioning of the ERF based on paragraph 1 and 2; (c) establish a fiscal consolidation strategy including a binding target of medium term government expenditure and a binding structural reform agenda for each participating Member State; (d) set the conditions for the interest and redemption payments for the participating Member States; (e) suspend a Member States' participation if the Member State does not comply with one of the criteria in Article 11(2); (f) provide the ERF with sufficient human resources in the form of a secretariat. 4. The decisions of the Board of Governors shall be taken by qualified majority. The Board of Governors shall make in particular the following decisions: (a) approve the technical terms for the functioning of the ERF proposed by the Commission; (b) approve the participation of Member States; (c) appoint and end the term of a Managing Director from among candidates having the nationality of an ERF Member, relevant international experience and a high level of competence in economic and financial matters. Whilst holding office, the Managing Director shall not be a Governor. The Managing Director shall be the head of the ERF secretariat. 5. Participation in the ERF shall be open to other Member States as from the entry into force of the decision of the Council of the European Union taken in accordance with Article 140(2) TFEU to abrogate their derogation from adopting the euro. Admittance of new Members shall be approved by the Board of Governors. 6. Member States shall implement provisions in national law to ensure winding up and terminating the ERF after a maximum of 25 years.
2012/03/13
Committee: ECON
Amendment 50 #

2011/0385(COD)

Proposal for a regulation
Recital 1
(1) The unprecedented global crisis that has hit the world over the last three years has seriously damaged economic growth and financial stability and provoked a strong deterioration in the government deficit and debt position of the Member States, leading a number of them to seek financial assistance outside the framework of the Union.
2012/03/13
Committee: ECON
Amendment 69 #

2011/0385(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) According to the case-law of the European Court of Justice of the European Union1, the free movement of capital, as a fundamental principle of the TFEU, can be limited by national regulation if this is justified for public- security reasons, which can include the fight against tax evasion, in particular for Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area. _____________ 1 See Cases C-463/00 and C-174/04.
2012/03/13
Committee: ECON
Amendment 70 #

2011/0385(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) Such tax evasion represents a shortfall, which can be equal or even superior to the amount of the financial assistance from one or several Member States, the IMF, the EFSF, the EFSM or the ESM, and first and foremost results from the faulty implementation of the national tax policy.
2012/03/13
Committee: ECON
Amendment 71 #

2011/0385(COD)

Proposal for a regulation
Recital 5 c (new)
(5c) Upon a proposal by the Commission and after consulting the European Central Bank, the Council can authorise restrictions concerning third countries responsible for movements of capital dangerous for the functioning of the EMU, in accordance with Article 66 TFEU.
2012/03/13
Committee: ECON
Amendment 87 #

2011/0385(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation sets out provisions for strengthening the economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability and/or that receive or mayhave requested or receive financial assistance from one or several other States, the European Financial Stability Facility (EFSF), the European Financial Stability Mechanism (EFSM), the European Stability Mechanism (ESM) or other International Financial Institutions (IFI), such as the International Monetary Fund (IMF). Financial assistance covers all forms of financial support including pre- cautionary financial assistance.
2012/03/13
Committee: ECON
Amendment 107 #

2011/0385(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. The Commission shall decide to make a Member State requesting or receiving a financial assistance on a precautionary basis from one or several other States, the EFSF, the ESM or any other International Financial Institution, such as the IMF, subject to enhanced surveillance. The Commission shall establish a list of the precautionary financial assistance instruments concerned and keep it updated to take into account possible changes in the financial support policy of the EFSF, the EFSM, ESM or of any other relevant International Financial Institution.
2012/03/13
Committee: ECON
Amendment 112 #

2011/0385(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. PThe Commission may decide that paragraph 2 shall not apply to a Member State receiving a financial assistance on a precautionary basis in the form of a credit line which is not conditioned to the adoption of new policy measures by the concerned Member State, as long as the credit line is not drawn.
2012/03/13
Committee: ECON
Amendment 122 #

2011/0385(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. On a request from the Commissionuncil or on its own initiative, the Commission may decide that, the Member State under enhanced surveillance shall:
2012/03/13
Committee: ECON
Amendment 136 #

2011/0385(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. The Commission shall conduct, in liaison with the ECB, regular review missions in the Member State under surveillance to verify the progresses made in the implementation of the measures mentioned in paragraph 1, 2 and 3. It shall communicate every quarter its findings to the Economic and Financial Committee (EFC) - or to any subcommittee the latter may designate for that purpose - and to the competent committee of the European Parliament and assess notably whether further measures are needed. These review missions shall replace the onsite monitoring foreseen in Article 10a(2) of Regulation (EC) No 1467/97.
2012/03/13
Committee: ECON
Amendment 146 #

2011/0385(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. Where it is concluded - on the basis of the assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the Member State concerned has significant adverse effects on the financial stability of the euro area, the Council, acting by qualified majority on a proposal from the Commission, mayshall recommend to the Member State concerned to seek financial assistance and to prepare a macro- economic adjustment programme. The Council mayshall decide to make this recommendation public.
2012/03/13
Committee: ECON
Amendment 148 #

2011/0385(COD)

Proposal for a regulation
Article 3 – paragraph 5 a (new)
5a. When taking a decision in accordance with paragraph 5, the Commission's proposal shall be deemed to have been adopted by the Council, unless the Council decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may request that a meeting of the Council be convened within that period to take a vote on the decision.
2012/03/13
Committee: ECON
Amendment 157 #

2011/0385(COD)

Proposal for a regulation
Article 4 – paragraph 1
A Member State wishintending to obtainrequest financial assistance from one or several other States, the EFSF, the EFSM, the ESM, the International Monetary Fund (IMF) or another institution outside of the Union framework shall immediately inform the Council, the Commission and the ECB of its intention. The EFC, or any subcommittee the latter may designate for that purpose, shall hold a discussion on this envisaged request, after having received an assessment from the Commission.
2012/03/13
Committee: ECON
Amendment 163 #

2011/0385(COD)

Proposal for a regulation
Article 5 – paragraph 1
Where financial assistance is sought from the EFSF, the EFSM or the ESM, the Commission shall prepare – in liaison with the ECB and wherever possible, the IMF - an analysis of the sustainability of the government debt of the Member State concerned, including the Member State's ability to repay the envisaged financial assistance, and forward it to the EFC or to any subcommittee the latter may designate for that purpose.
2012/03/13
Committee: ECON
Amendment 169 #

2011/0385(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. A Member State requesting or receiving financial assistance from one or several other States, the IMF, the EFSF, the EFSM or the ESM shall prepare in agreement with the Commission - acting in liaison with the ECB - a draft adjustment programme aimed at re- establishing a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets. The draft adjustment programme shall take due account of the current recommendations addressed to the Member State concerned under Articles 121, 126 and/or 148 of the Treaty- and its actions to comply with them - while aiming at broadening, strengthening and deepening the required policy measures.
2012/03/13
Committee: ECON
Amendment 178 #

2011/0385(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The Council, acting by qualified majority on a proposal from the Commission, shall approve the adjustment programmeon a proposal from the Commission, shall approve the adjustment programme. The Commission's proposal shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may request that a meeting of the Council be convened within that period to take a vote on the decision. The Council shall make the decision public.
2012/03/13
Committee: ECON
Amendment 181 #

2011/0385(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The Commission, in liaison with the ECB, shall monitor the progress made in the implementation of the adjustment programme and inform every three months the EFC or any subcommittee the latter may designate for that purpose and the competent committee of the European Parliament. The Member State concerned shall give the Commission its full cooperation. It shall in particular provide to the Commission all the information that the latter deems necessary for the monitoring of the programme. Article 3(3) shall apply. In the case of insufficient cooperation, the Council, on a proposal from the Commission, may address a public request to the Member State concerned laying down the action to be taken by that Member State.
2012/03/13
Committee: ECON
Amendment 187 #

2011/0385(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. The Commission - in liaison with the ECB - shall examine with the Member State concerned the changes that may be needed to its adjustment programme. The Council, acting by a qualified majority on a proposal from the Commission, shall decide on any change to be made to the adjustment programme. The Commission's proposal shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may request that a meeting of the Council be convened within that period to take a vote on the decision. The Council shall make the decision public.
2012/03/13
Committee: ECON
Amendment 194 #

2011/0385(COD)

Proposal for a regulation
Article 6 – paragraph 5
5. If the monitoring referred to in paragraph 3 highlights significant deviations from the macro-economic adjustment programme, the Council, acting by qualified majority on a proposal from the Commission, mayshall decide that the Member State concerned does not comply with the policy requirements contained in the adjustment programme. The Commission's proposal shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may request that a meeting of the Council be convened within that period to take a vote on the decision. The Council shall make the decision public.
2012/03/13
Committee: ECON
Amendment 208 #

2011/0385(COD)

Proposal for a regulation
Article 6 a (new)
Article 6a Measures to safeguard the tax revenues 1. The Member State concerned shall take, in accordance with Article 65 TFEU and in close cooperation with the Commission and in liaison with the ECB, measures aimed at preventing infringements of national law and regulations in particular in the field of taxation. 2. The Member State concerned shall request the Commission to make a proposal to the Council, in accordance with Article 66 TFEU, to take safeguard measures regarding movements of capital to or from third countries causing, or threatening to cause, serious difficulties for the operation of the economic and monetary union. The Commission shall consult the ECB.
2012/03/13
Committee: ECON
Amendment 231 #

2011/0385(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A Member State shall be under post- programme surveillance as long as a minimum of 75% of the financial assistance received from one or several other Member State(s), the EFSM, the EFSF or the ESM has not been repaid. The Council, acting on a qualified majority on a proposal from the Commission, may extend the duration of the post programme surveillance. The Commission's proposal shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may request that a meeting of the Council be convened within that period to take a vote on the decision. The Council shall make its decision public.
2012/03/13
Committee: ECON
Amendment 240 #

2011/0385(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The Council, acting by qualified majority on a proposal from the Commission, may adopt a recommend toation that the Member State under post programme surveillance to adopt corrective measures. The Commission's proposal shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the recommendation within 10 days of its adoption by the Commission. The Member State concerned may request that a meeting of the Council be convened within that period to take a vote on the decision. The Council shall make the recommendation public.
2012/03/13
Committee: ECON
Amendment 243 #

2011/0385(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. The competent committee of the European Parliament may invite the Member State concerned to participate to an exchange of views on the progress made under post-programme surveillance.
2012/03/13
Committee: ECON
Amendment 244 #

2011/0385(COD)

Proposal for a regulation
Article 11 – paragraph 4 b (new)
4b. The parliament of the Member State concerned may invite the Commission to participate in an exchange of views on the post-programme monitoring.
2012/03/13
Committee: ECON
Amendment 245 #

2011/0385(COD)

Proposal for a regulation
Article 12 – paragraph 1
For the measures referred to in Articles 2(1), 3, 6(2), 6(4) and 11(4),this Regulation only members of the Council representing Member States whose currency is the euro shall vote and the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.
2012/03/13
Committee: ECON
Amendment 250 #

2011/0385(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a The Council and the Commission shall regularly inform the European Parliament of the application of this Regulation.
2012/03/13
Committee: ECON
Amendment 251 #

2011/0385(COD)

Proposal for a regulation
Article 13 b (new)
Article 13b Commission report on representation in international financial institutions Before 31 December 2012 and in accordance with Article 138(2) TFEU, the Commission shall submit a proposal to the Council to adopt appropriate measures to ensure unified representation within the international financial institutions and conferences and in particular the IMF. The Council shall act after consulting the European Central Bank.
2012/03/13
Committee: ECON
Amendment 204 #

2011/0361(COD)

Proposal for a regulation
Recital 37 a (new)
(37a) The Commission should assess the latest regulatory and supervisory developments in the Union in order to see if investors and the wider public are able to make their own credit risk assessment. This could be achieved, in particular, through a significant increase of public disclosure requirements on issuers and, in parallel, a reduction of credit rating agencies' access to non-public or privileged information.
2012/04/17
Committee: ECON
Amendment 249 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b
Article 6b Maximum duration of the contractual relationship with a credit rating agency 1. Where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on that issuer, it shall not issue credit ratings on that issuer for a period exceeding three years. 2. Where a credit rating agency has entered into a contract with an issuer or its related third party for the issuing of credit ratings on the debt instruments of that issuer, the following shall apply: a) when those credit ratings are issued within a period exceeding an initial period of twelve months but shorter than three years, the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment that ten debt instruments have been rated; b) when at least ten credit ratings are issued within an initial period of twelve months, that credit rating agency shall not issue any further credit ratings on those debt instruments after the end of that period; c) when less than ten credit ratings are issued, the credit rating agency shall not issue any further credit ratings on those debt instruments from the moment a period of 3 years have elapsed. 3. Where an issuer has entered into a contract regarding the same matter with more than one credit rating agency, the limitations set out in paragraphs 1 and 2 shall only apply to one of these agencies. However, none of these agencies shall have a contractual relationship with the issuer exceeding a period of six years. 4. The credit rating agency referred to in paragraphs 1 to 3 shall not enter into a contract with the issuer or its related third parties for the issuing of credit ratings on the issuer or its debt instruments for a period of four years from the end of the maximum duration period of the contractual relationship referred to in paragraphs 1 to 3. The first subparagraph shall also apply to: a) a credit rating agency belonging to the same group of credit rating agencies as the credit rating agency referred to in paragraphs 1 and 2; b) a credit rating agency which is a shareholder or member of the credit rating agency referred to in paragraphs 1 and 2; c) a credit rating agency in which the credit rating agency referred to in paragraph 1 and 2 is a shareholder or member. 5. Paragraphs 1 to 4shall not apply to sovereign ratings. 6. Where following the end of the maximum duration period of the contractual relationship, pursuant to the rules in paragraphs 1 and 2, a credit rating agency is replaced by another credit rating agency, the exiting credit rating agency shall provide the incoming credit rating agency with a handover file. Such file shall include relevant information concerning the rated entity and the rated debt instruments as may reasonably be necessary to ensure the comparability with the ratings carried out by the exiting credit rating agency. The exiting rating agency shall be able to demonstrate to ESMA that such information has been provided to the incoming credit rating agency. 7. ESMA shall develop draft regulatory technical standards to specify technical requirements on the content of the handover file referred to in paragraph 5. ESMA shall submit those draft regulatory technical standards to the Commission by 1 January 2013. Power is delegated to the Commission to adopt the regulatory technical standards referred to in this paragraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1095/2010.deleted
2012/04/17
Committee: ECON
Amendment 348 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 20
Regulation (EC) No 1060/2009
Title IIIa
(20) The following Title IIIa is inserted after Article 35: 'TITLE IIIa CIVIL LIABILITY OF CREDIT RATING AGENCIES Article 35a Civil liability 1. Where a credit rating agency has committed intentionally or with gross negligence any of the infringements listed in Annex III having an impact on a credit rating on which an investor has relied when purchasing a rated instrument, such an investor may bring an action against that credit rating agency for any damage caused to that investor. 2. An infringement shall be considered to have an impact on a credit rating if the credit rating that has been issued by the credit rating agency is different from the rating that would have been issued had the credit rating agency not committed that infringement. 3. A credit rating agency acts with gross negligence if it seriously neglects duties imposed upon it by this Regulation. 4. Where an investor establishes facts from which it may be inferred that a credit rating agency has committed any of the infringements listed in Annex III, it will be for the credit rating agency to prove that it has not committed that infringement or that that infringement did not have an impact on the issued credit rating. 5. The civil liability referred to in paragraph 1 shall not be excluded or limited in advance by agreement. Any clause in such agreements excluding or limiting the civil liability in advance shall be deemed null and void.'deleted
2012/04/17
Committee: ECON
Amendment 379 #

2011/0361(COD)

Proposal for a regulation
Article 1 – point 24 – point b
Regulation (EC) No 1060/2009
Article 39 – paragraph 4 a (new)
4a. By 31 December 2013, the Commission shall, in light of developments in the regulatory and supervisory framework of the Union, present a report to the European Parliament and to the Council concerning the tools enabling investors and the wider public to make their own credit risk assessment of issuers, accompanied, where appropriate, by proposals.
2012/04/17
Committee: ECON
Amendment 227 #

2011/0298(COD)

Proposal for a directive
Recital 12
(12) All trading venues, namely regulated markets, MTFs, and OTFSystematic Internalisers, should lay down transparent rules governing access to the facility. However, while regulated markets and MTFs should continue to be subject to highly similar requirements regarding whom they may admit as members or participants, OTFSystematic Internalisers should be able to determine and restrict access based inter alia on the role and obligations which their operators have in relation to their clients.
2012/05/15
Committee: ECON
Amendment 234 #

2011/0298(COD)

Proposal for a directive
Recital 13
(13) An investment firm executing client orders against own proprietary capital should be deemed a systematic internaliser, unless the transactions are carried out on OTC basis where trading refers to bilateral trading outside regulated markets, MTFs and OMTFs on an occasional, ad hoc and irregular basis and at sizes above standard market size and with eligible counterparties. Systematic internalisers should be defined as investment firms which, on an organised, frequent and systematic basis, deal on own account by executing client orders outside a regulated market, an MTF or an OMTF. In order to ensure the objective and effective application of this definition to investment firms, any bilateral trading carried out with clients should be relevant and quantitative criteria should complement the qualitative criteria for the identification of investment firms required to register as systematic internalisers, laid down in Article 21 of Commission Regulation No 1287/2006 implementing Directive 2004/39/EC. While an OTF is any system or facility in which multiple third party buying and selling interests interact in the system, aA systematic internaliser should not be allowed to bring together third party buying and selling interests.
2012/05/15
Committee: ECON
Amendment 265 #

2011/0298(COD)

Proposal for a directive
Recital 47
(47) These potential risks from increased use of technology are best mitigated by a combination of specific risk controls directed at firms who engage in algorithmic or high frequency trading and other measures directed at operators of trading venues that are accessed by such firms. It is desirable to ensure that allgorithmic and high frequency trading firms be authorised when they are a direct member of a trading venue. This should ensure they areis considered as investment services or activities including when they are conducted on own account. This should ensure they that firms providing these activities are authorised as investment firms and subject to organisational requirements under the Directive and are properly supervised.
2012/05/15
Committee: ECON
Amendment 312 #

2011/0298(COD)

Proposal for a directive
Recital 61
(61) When establishing the business relationship with the client the investment firm might ask the client or potential client to consent at the same time to the execution policy as well as to the possibility that his orders may be executed outside a regulated market MTF, OTF or systematic internaliser.
2012/05/15
Committee: ECON
Amendment 314 #

2011/0298(COD)

Proposal for a directive
Recital 72
(72) The provision of services by third country firms 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 firms accessing the Union, ensure that and equivalence 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.deleted
2012/05/15
Committee: ECON
Amendment 318 #

2011/0298(COD)

Proposal for a directive
Recital 73
(73) The provision of services to retail clients should always require the establishment of a branch in the Union. The establishment of the branch shall be subject to authorisation and supervision in the Union. Proper cooperation arrangements should be in place between the competent authority concerned and the competent authority in the third country. Sufficient initial capital should be at free disposal of the branch. Once authorised the branch should be subject to supervision in the Member State where the branch is established; the third country firm should be able to provide services in other Member States through the authorised and supervised branch, subject to a notification procedure. The provision of services without branches should be limited to eligible counterparties. It should be subject to registration by ESMA and to supervision in the third country. Proper cooperation arrangements should be in place between ESMA and the competent authorities in the third country.deleted
2012/05/15
Committee: ECON
Amendment 325 #

2011/0298(COD)

Proposal for a directive
Recital 74
(74) The provision of this directive regulating the provision of services by third country firms in the Union should not affect the possibility for persons established in the Union to receive investment services by a third country firm at their own exclusive initiative. When a third country firm provides services at own exclusive initiative of a person established in the Union, the services should not be deemed as provided in the territory of the Union. In case a third country firm solicits clients or potential clients in the Union or promotes or advertises investment services or activities together with ancillary services in the Union, it should not be deemed as a service provided at the own exclusive initiative of the client.deleted
2012/05/15
Committee: ECON
Amendment 333 #

2011/0298(COD)

Proposal for a directive
Recital 75
(75) The authorisation to operate a regulated market should extend to all activities which are directly related to the display, processing, execution, confirmation and reporting of orders from the point at which such orders are received by the regulated market to the point at which they are transmitted for subsequent finalisation, and to activities related to the admission of financial instruments to trading. This should also include transactions concluded through the medium of designated market makers appointed by the regulated market which are undertaken under its systems and in accordance with the rules that govern those systems. Not all transactions concluded by members or participants of the regulated market, MTF or OMTF are to be considered as concluded within the systems of a regulated market, MTF or OTF . Transactions which members or participants conclude on a bilateral basis and which do not comply with all the obligations established for a regulated market, an MTF or an OMTF under this Directive should be considered as transactions concluded outside a regulated market, an MTF or an OMTF for the purposes of the definition of systematic internaliser. In such a case the obligation for investment firms to make public firm quotes should apply if the conditions established by this Directive are met.
2012/05/15
Committee: ECON
Amendment 356 #

2011/0298(COD)

Proposal for a directive
Recital 94
(94) In view of the significant impact and market share acquired by various MTFs, it is appropriate to ensure that adequate cooperation arrangements are established between the competent authority of the MTF and that of the jurisdiction in which the MTF is providing services. In order to anticipate any similar developments, this should be extended to OTFs.
2012/05/15
Committee: ECON
Amendment 360 #

2011/0298(COD)

Proposal for a directive
Recital 108
(108) Technical standards in financial services should ensure consistent harmonisation and adequate protection of depositors, investors and consumers across the Union. As a body with highly specialised expertise, it would be efficient and appropriate to entrust ESMA, with the elaboration of draft regulatory and implementing technical standards which do not involve policy choices, for submission to the Commission. To ensure consistent investor and consumer protection across financial services sectors, ESMA should carry out its tasks, to the extent possible, in close cooperation with the other two ESAs within the framework of the Joint Committee.
2012/05/15
Committee: ECON
Amendment 362 #

2011/0298(COD)

Proposal for a directive
Recital 110
(110) The Commission should also be empowered to adopt implementing technical standards by means of implementing acts pursuant to Article 291 TFEU and in accordance with Article 15 of Regulation (EU) No 1095/2010. ESMA should be entrusted with drafting implementing technical standards for submission to the Commission with regard to Article 7 regarding procedures for granting and refusing requests for authorisation of investment firms, Article 12 regarding acquisition of qualifying holding, Article 18 regarding trading process on finalisation of transactions in MTFs and OTFs, Articles 32, 33 and 53 regarding suspension and removal of instruments from trading, Article 36 regarding freedom to provide investment services and activities, Article 37 regarding establishment of a branch, Article 44 regarding provision of services by third country firms, Article 60 regarding position reporting by categories of traders, Article 78 regarding submission of information to ESMA, Article 83 regarding obligation to cooperate, Article 84 regarding cooperation among competent authorities, Article 85 regarding exchange of information and Article 88 regarding consultation prior to authorisation.
2012/05/15
Committee: ECON
Amendment 385 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – point ii a (new)
(iia) engage in algorithmic trading; or
2012/05/15
Committee: ECON
Amendment 389 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – point iii
(iii) deal on own account bywhen executing client orders outside a regulated market or an MTF on an organised, frequent and systematic basis by providing a system accessible to third parties in order to engage in dealings with them;
2012/05/15
Committee: ECON
Amendment 393 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point d – subparagraph 2
This exemption does not apply to persons exempt under Article 2(1)(i) who deal on own account in financial instruments as members or participants of a regulated market or MTF, including as market makers in relation to commodity derivatives, emission allowances, or derivatives thereof;deleted
2012/05/15
Committee: ECON
Amendment 403 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point i – indent 1
– deal on own account in financial instruments, excluding persons who deal on own account bywhen executing client orders, or
2012/05/15
Committee: ECON
Amendment 410 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point i – subparagraph 2
provided that in all cases thissuch provision of investment services is of limited importance and is an ancillary activity to their main business, when considered on a group basis, and that main business is not the provision of investment services within the meaning of this Directive or banking services under Directive 2006/48/EC ;
2012/05/15
Committee: ECON
Amendment 414 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 1 – point k
(k) firms which provide investment services and/or perform investment activities consisting exclusively in dealing on own account on markets in financial futures or options or other derivatives and on cash markets for the sole purpose of hedging positions on derivatives markets or which deal for the accounts of other members of those markets or make prices for them and which are guaranteed by clearing members of the same markets, where responsibility for ensuring the performance of contracts entered into by such firms is assumed by clearing members of the same markets;deleted
2012/05/15
Committee: ECON
Amendment 423 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 1
The Commission shall adopt delegated acts in accordance with Article 94 concerning measures in respect of exemptions (c) and (i), to clarifying when an activity is to be considered as ancillary to the main business on a group level and of limited importance as well as for determining when an activity is provided in an incidental manner.
2012/05/15
Committee: ECON
Amendment 425 #

2011/0298(COD)

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
The criteria for determining whether an activity is ancillary to the main business shall take into account at least the following elements: – the extent to which the activity is objectively measurable as reducing risks directly related to the commercial activity or treasury financing activity, – the capital employed for carrying out the activity.deleted
2012/05/15
Committee: ECON
Amendment 502 #

2011/0298(COD)

Proposal for a directive
Article 5 – paragraph 2
2. By way of derogation from paragraph 1, Member States shall allow any market operator to operate an MTF or an OTF, subject to the prior verification of their compliance with the provisions of this Chapter.
2012/05/15
Committee: ECON
Amendment 523 #

2011/0298(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c – subparagraph 3
Where the market operator that seeks authorisation to operate an MTF or an OTF and the persons that effectively direct the business of the MTF or the OTF are the same as the members of the management body of the regulated market, those persons shall be deemed to comply with the requirements laid down in the first subparagraph.
2012/05/15
Committee: ECON
Amendment 584 #

2011/0298(COD)

Proposal for a directive
Article 17 – paragraph 2
2. An investment firm that engages in algorithmic trading shall at least annually provide to its home Competent Authority a description of the nature of its algorithmic trading strategies, details of the trading parameters or limits to which the system is subject, the key compliance and risk controls that it has in place to ensure the conditions in paragraph 1 are satisfied and details of the testing of its systems. A competent authority may at any time request further information from an investment firmn investment firm shall, at the request of a competent authority, submit further information about its algorithmic trading and the systems used for that trading.
2012/05/15
Committee: ECON
Amendment 613 #

2011/0298(COD)

Proposal for a directive
Article 18 – title
Trading process and finalisation of transactions in an MTF and an OTF
2012/05/15
Committee: ECON
Amendment 615 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall require that investment firms or market operators operating an MTF or an OTF, in addition to meeting the requirements laid down in Article 16, establish transparent and non- discretionary rules and procedures for fair and orderly trading and establish objective and non-discretionary criteria for the efficient execution of orders. They shall have arrangements for the sound management of the technical operations of the facility, including the establishment of effective contingency arrangements to cope with risks of systems disruption.
2012/05/15
Committee: ECON
Amendment 617 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
2. Member States shall require that investment firms or market operators operating an MTF or an OTF establish transparent rules regarding the criteria for determining the financial instruments that can be traded under its systems.
2012/05/15
Committee: ECON
Amendment 618 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Member States shall require that, where applicable, investment firms or market operators operating an MTF or an OTF provide, or are satisfied that there is access to, sufficient publicly available information to enable its users to form an investment judgement, taking into account both the nature of the users and the types of instruments traded.
2012/05/15
Committee: ECON
Amendment 620 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 3
3. Member States shall require that investment firms or market operators operating an MTF or an OTF establish, publish and maintain transparent rules, based on objective criteria, governing access to its facility.
2012/05/15
Committee: ECON
Amendment 622 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 4
4. Member States shall require that investment firms or market operators operating an MTF or an OTF clearly inform its users of their respective responsibilities for the settlement of the transactions executed in that facility. Member States shall require that investment firms or market operators operating an MTF or an OTF have put in place the necessary arrangements to facilitate the efficient settlement of the transactions concluded under the systems of the MTF or an OTF.
2012/05/15
Committee: ECON
Amendment 623 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 5
5. Where a transferable security, which has been admitted to trading on a regulated market, is also traded on an MTF or an OTF without the consent of the issuer, the issuer shall not be subject to any obligation relating to initial, ongoing or ad hoc financial disclosure with regard to that MTF or an OTF .
2012/05/15
Committee: ECON
Amendment 625 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 6
6. Member States shall require that any investment firm or market operator operating an MTF or an OTF comply immediately with any instruction from its competent authority pursuant to Article 72(1) to suspend or remove a financial instrument from trading.
2012/05/15
Committee: ECON
Amendment 627 #

2011/0298(COD)

Proposal for a directive
Article 18 – paragraph 8
8. Member States shall require investment firms and market operators operating an MTF or an OTF to provide the competent authority with a detailed description of the functioning of the MTF or OTF. Every authorisation to an investment firm or market operator as an MTF and an OTF shall be notified to ESMA. ESMA shall establish a list of all MTFs and OTFs in the Union. The list shall contain information on the services an MTF or an OTF provides and entail the unique code identifying the MTF and the OTF for use in reports in accordance with Article 23 and Articles 5 and 9 of Regulation (EU) No …/… [MiFIR]. It shall be updated on a regular basis. ESMA shall publish and keep up-to-date that list on its website.
2012/05/15
Committee: ECON
Amendment 641 #

2011/0298(COD)

Proposal for a directive
Article 20
[…]Article deleted
2012/05/15
Committee: ECON
Amendment 670 #

2011/0298(COD)

Proposal for a directive
Article 23 – paragraph 2
2. WThere organisational or administrative arrangements made by theopted by investment firm in accordance with Article 16(3) to manage conflicts of interest are not sufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, the investment firm shall clearly disclose the general nature and/or sources of conflictss for assessing, paying, rewarding or promoting the persons mentioned in paragraph (1) should not incentivise them to act at any time in a manner that would not comply with the best interest of their clients. In particular, these arrangements should not incentivise any person including themselves, their managers, employees and tied agents, or any person directly ofr interest to the client before undertaking business on its behalfdirectly linked to them by control to recommend a specific financial instrument or a specific category of financial instruments to their clients.
2012/05/15
Committee: ECON
Amendment 694 #

2011/0298(COD)

Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 1
– the investment firm and its services; when investment advice is provided, information shall specify whether the advice is provided on an independent basis and whether it is based on a broad or on a more restricted analysis of the market and shall indicate whether the investment firm will provide the client with the on- going periodical assessment of the suitability of the financial instruments recommended to clients,
2012/05/15
Committee: ECON
Amendment 730 #

2011/0298(COD)

Proposal for a directive
Article 24 – paragraph 5 – point i
(i) shall assess a sufficiently large number of financial instruments available on the market. The financial instruments should be diversified with regard to their type and issuers or product providers and should not be limited to financial instruments issued or provided binform the client whether and to what extent it has accepted or received fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients. Fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients shall be deducted in all from the fees, commissions or any monetary bentities having closefits paid by the clinksent with regards to the investment firm,advice
2012/05/15
Committee: ECON
Amendment 746 #

2011/0298(COD)

Proposal for a directive
Article 24 – paragraph 5 – point ii
(ii) shall not accept or reperceive fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients, that are in excess of the remuneration due to be paid by the client in relation to its investment advice.
2012/05/15
Committee: ECON
Amendment 750 #

2011/0298(COD)

Proposal for a directive
Article 24 – paragraph 5 – point ii a (new)
(ii a) shall not perceive excessive fees, commissions or any monetary benefits, from the portfolio turnover of its client.
2012/05/15
Committee: ECON
Amendment 751 #

2011/0298(COD)

Proposal for a directive
Article 24 – paragraph 5 – point ii b (new)
(ii b) shall receive any fees, commissions or any monetary benefits from any third party or a person acting on behalf of a third party on an ongoing basis only to the extent that during the same period of time it provides an ongoing periodical assessment of the financial instruments recommended. Such an ongoing assessment shall include, at least, the application of a warning mechanism for products which behaviour diverges from what might have been anticipated in normal circumstance or which gain probabilities are greatly altered from what might have been anticipated.
2012/05/15
Committee: ECON
Amendment 755 #

2011/0298(COD)

Proposal for a directive
Article 24 – paragraph 5 a (new)
5 a. ESMA shall develop draft regulatory technical standards to determine acceptable ratios of portfolio turnover and induced compensation. ESMA shall submit those draft regulatory technical standards to the Commission by 31 December 2014. 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 1095/2012.
2012/05/15
Committee: ECON
Amendment 781 #

2011/0298(COD)

Proposal for a directive
Article 24 – paragraph 7 – subparagraph 2
ESMA, in cooperation with EBA and EIOPA, through the Joint Committee, shall develop by [] at the latest, and update periodically, guidelines for the assessment and the supervision of cross- selling practices indicating, in particular, situations in which cross-selling practices are not compliant with obligations in paragraph 1.
2012/05/15
Committee: ECON
Amendment 815 #

2011/0298(COD)

Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a – point iv
(iv) shares or units in UCITS excluding structured UCITS as referred to in Article 36 paragraph 1 subparagraph 2 of Commission Regulation 583/2010;deleted
2012/05/15
Committee: ECON
Amendment 829 #

2011/0298(COD)

Proposal for a directive
Article 25 – paragraph 4
4. TWhen the investment firm shall establish a record that includes the document or documents agreed between the firm and the client that set out the rights and obligations of the parties, and the other terms on which theservice relates to an investment advice in relation to a complex product as mentioned in paragraph 3. a) which has been subscribed by a client, the investment firm wishall provide services to the client. The rights and duties of the parties to the contract may be incorporated by reference to other documents or legal textsthe client with an ongoing periodical assessment of the appropriateness or suitability of such financial instrument.
2012/05/15
Committee: ECON
Amendment 849 #

2011/0298(COD)

Proposal for a directive
Article 27 – paragraph 4 – subparagraph 3
Member States shall require that, where the order execution policy provides for the possibility that client orders may be executed outside a regulated market, MTF or OMTF, the investment firm shall, in particular, inform its clients about this possibility. Member States shall require that investment firms obtain the prior express consent of their clients before proceeding to execute their orders outside a regulated market MTF or OTF or an MTF. Investment firms may obtain this consent either in the form of a general agreement or in respect of individual transactions.
2012/05/15
Committee: ECON
Amendment 878 #

2011/0298(COD)

Proposal for a directive
Article 31 – title
Monitoring of compliance with the rules of the MTF or the OTF and with other legal obligations
2012/05/15
Committee: ECON
Amendment 881 #

2011/0298(COD)

Proposal for a directive
Article 31 – paragraph 1
1. Member States shall require that investment firms and market operators operating an MTF or OTF establish and maintain effective arrangements and procedures, relevant to the MTF or OTF, for the regular monitoring of the compliance by its users or clients with their rules. Investment firms and market operators operating an MTF or an OTF shall monitor the transactions undertaken by their users or clients under their systems in order to identify breaches of those rules, disorderly trading conditions or conduct that may involve market abuse.
2012/05/15
Committee: ECON
Amendment 883 #

2011/0298(COD)

Proposal for a directive
Article 31 – paragraph 2
2. Member States shall require investment firms and market operators operating an MTF or an OTF to report significant breaches of its rules or disorderly trading conditions or conduct that may involve market abuse to the competent authority. Member States shall also require investment firms and market operators operating an MTF or an OTF to supply the relevant information without delay to the authority competent for the investigation and prosecution of market abuse and to provide full assistance to the latter in investigating and prosecuting market abuse occurring on or through its systems.
2012/05/15
Committee: ECON
Amendment 888 #

2011/0298(COD)

Proposal for a directive
Article 32 – paragraph 1
1. Member States shall require that an investment firm or a market operator operating an MTF that suspends or removes from trading a financial instrument makes public this decision, communicates it to regulated markets, other MTFs and OTFs trading the same financial instrument and communicates relevant information to the competent authority. The competent authority shall inform the competent authorities of the other Member States. Member States shall require that other regulated markets, MTFs and OTFs trading the same financial instrument shall also suspend or remove that financial instrument from trading where the suspension or removal is due to the non- disclosure of information about the issuer or financial instrument except where this could cause significant damage to the investors' interests or the orderly functioning of the market. Member States shall require the other regulated markets, MTFs and OTFs to communicate their decision to their competent authority and all regulated markets, MTFs and OTFs trading the same financial instrument, including an explanation if the decision was not to suspend or remove the financial instrument from trading.
2012/05/15
Committee: ECON
Amendment 893 #

2011/0298(COD)

Proposal for a directive
Article 33
[…]Article deleted
2012/05/15
Committee: ECON
Amendment 895 #

2011/0298(COD)

Proposal for a directive
Article 34 – title
Cooperation and exchange of information for MTFs and OTFs
2012/05/15
Committee: ECON
Amendment 896 #

2011/0298(COD)

Proposal for a directive
Article 34 – paragraph 1 – introductory part
1. Member States shall require that an investment firm or a market operator operating an MTF or an OTF immediately informs investment firms and market operators of other MTFs, OTFs and regulated markets of:
2012/05/15
Committee: ECON
Amendment 904 #

2011/0298(COD)

Proposal for a directive
Article 35 – paragraph 7
7. Member States shall require that where a financial instrument of an issuer is admitted to trading on one SME growth market, the financial instrument may also be traded on another SME growth market but only without the explicit consent of the issuer. In such a case however, the issuer shall not be subject to any obligation relating to corporate governance or initial, ongoing or ad hoc disclosure with regard to the latter SME market.
2012/05/15
Committee: ECON
Amendment 908 #

2011/0298(COD)

Proposal for a directive
Article 39 – paragraph 1 – subparagraph 2
Member States shall require that access of those investment firms to such facilities be subject to the same non-discriminatory, transparent and objective criteria as apply to local participants. Member States shall not restrict the use of those facilities to the clearing and settlement of transactions in financial instruments undertaken on a regulated market or MTF or OTF in their territory.
2012/05/15
Committee: ECON
Amendment 909 #

2011/0298(COD)

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 2
This assessment of the competent authority of the regulated market shall be without prejudice to the competencies of the nationalrelevant central banks as overseers of settlement systems or other supervisory authorities on such systems. The competent authority shall take into account the oversight/supervision already exercised by those institutions in order to avoid undue duplication of control.
2012/05/15
Committee: ECON
Amendment 912 #

2011/0298(COD)

Proposal for a directive
Article 40 – paragraph 2 – subparagraph 2
In order to avoid undue duplication of control, the competent authority shall take into account the oversight and supervision of the clearing and settlement system already exercised by the nationalrelevant central banks as overseers of clearing and settlement systems or by other supervisory authorities with a competence in such systems.
2012/05/15
Committee: ECON
Amendment 914 #

2011/0298(COD)

Proposal for a directive
Chapter 4
[...]Chapter deleted
2012/05/15
Committee: ECON
Amendment 1063 #

2011/0298(COD)

Proposal for a directive
Article 53 – paragraph 1 – subparagraph 2
Member States shall require that an operator of a regulated market that suspends or removes from trading a financial instrument makes public this decision , communicates it to other regulated markets, MTFs and OMTFs trading the same financial instrument and communicates relevant information to the competent authority. The competent authority shall inform the competent authorities of the other Member States of this . Member States shall require that other regulated markets, MTFs and OMTFs trading the same financial instrument also suspend or remove that financial instrument from trading where the suspension or removal is due to the non- disclosure of information about the issuer or financial instrument except for cases where this could cause significant damage to the investors' interests or the orderly functioning of the market. Member States shall require the other regulated markets, MTFs and OMTFs to communicate their decision to their competent authority and all regulated markets, MTFs and OMTFs trading the same financial instrument, including an explanation where it was decided not to suspend or remove the financial instrument from trading.
2012/05/15
Committee: ECON
Amendment 1064 #

2011/0298(COD)

Proposal for a directive
Article 53 – paragraph 2
2. A competent authority which requests the suspension or removal of a financial instrument from trading on one or more regulated markets MTFs or OMTFs shall immediately make public its decision and inform ESMA and the competent authorities of the other Member States. Save where it is likely to cause significant damage to the investors' interests or the orderly functioning of the internal market, the competent authorities of the other Member States shall request the suspension or removal of that financial instrument from trading on the regulated markets, MTFs and OMTFs that operate under their supervision.
2012/05/15
Committee: ECON
Amendment 1067 #

2011/0298(COD)

Proposal for a directive
Article 54 – paragraph 1 – introductory part
1. Member States shall require that, in relation to a financial instrument, an operator of a regulated market immediately informs operators of other regulated markets, MTFs and OMTFs of:
2012/05/15
Committee: ECON
Amendment 1088 #

2011/0298(COD)

Proposal for a directive
Article 56 – paragraph 2 – subparagraph 1 a (new)
When the operations of a regulated market or an MTF that offers trading on a financial instrument that was first admitted to trading on a regulated market in a different Member State, have become of substantial importance in the trading activity of that financial instrument, the competent authority of that MTF or regulated market shall establish proportionate but effective cooperation arrangements with the competent authority of the regulated market where the financial instrument was first admitted to trading.
2012/05/15
Committee: ECON
Amendment 1089 #

2011/0298(COD)

Proposal for a directive
Article 57 – paragraph 2 – subparagraph 2
In order to avoid undue duplication of control, the competent authority shall take into account the oversight/supervision of the clearing and settlement system already exercised by the nationalrelevant central banks as overseers of clearing and settlement systems or by other supervisory authorities with competence in relation to such systems.
2012/05/15
Committee: ECON
Amendment 1104 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that regulated markets, operators of MTFs and OTFs which admit to trading or trade commodity derivatives apply limits on the number of contracts which any given market members or participantsperson can enter into over a specified period of time, or alternative arrangements with equivalent effect such as position management with automatic review thresholds , to be imposed in order to:
2012/05/15
Committee: ECON
Amendment 1122 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2
The limits or arrangements shall be determined by the competent authority of the regulated market and MTF. They shall be transparent and non- discriminatory, specifying the persons to whom they apply and any exemptions, and taking account of the nature and composition of market participants and of the use theysuch persons make of the contracts admitted to trading. They shall specify clear quantitative thresholds such as the maximum number of contracts a person or persons can enter into, taking account of the characteristics of the underlying commodity market, including patterns of production, consumption and transportation toivatives market and the underlying commodity market.
2012/05/15
Committee: ECON
Amendment 1123 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 a (new)
Member States shall ensure that similar limits or arrangements apply to commodity derivatives not admitted to trading or traded on a regulated market or MTF no later than [X] years after the entry into force of the above limits and arrangements, at which time the relevant competent authority shall assume responsibility for applying all such limits and arrangements.
2012/05/15
Committee: ECON
Amendment 1131 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 2
2. Regulated markets, MTF and OTFs shall inform their competent authority of the details of the limits or arrangements. The competent authority shall communicate the same information to ESMA which shall publish and maintain on its website a database with summaries of the limits or arrangements in force.
2012/05/15
Committee: ECON
Amendment 1139 #

2011/0298(COD)

Proposal for a directive
Article 59 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 94 to determine the limits or alternative arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary equivalent effects of the alternative arrangements established in accordance with paragraph 1, as well as the conditions for exemptions. The limits or alternative arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets, MTFs and OTFsthe competent authority. The limits or alternative arrangements determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to Article 72(1) paragraph (g) of this Directive.
2012/05/15
Committee: ECON
Amendment 1147 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that regulated markets, MTFs, and OMTFs which admit to trading or trade commodity derivatives or emission allowances or derivatives thereof:
2012/05/15
Committee: ECON
Amendment 1150 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – point a
(a) make public a weekly report with the aggregate positions held by the different categories of traderpersons for the different financial instruments traded on their platforms in accordance with paragraph 3;
2012/05/15
Committee: ECON
Amendment 1154 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) provide on a daily basis the competent authority with a complete breakdown of the positions of any or all market members or participants, including anyll positions heold on behalf of their clients, upon requesters at the close of the preceding trading day.
2012/05/15
Committee: ECON
Amendment 1158 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 1 – subparagraph 2
The obligation laid down in point (a) shall only apply when both the number of traposition holders' and their open positions in a given financial instrument exceed minimum thresholds.
2012/05/15
Committee: ECON
Amendment 1162 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 2
2. In order to enable the publication and reporting mentioned in point (a) of paragraph 1, Member States shall require members and participants ofall persons holding a position in a relevant financial instrument admitted to trading or traded on a regulated markets, or MTFs and OTFs to report to the respective trading venue the details of their positions in real-time, including any positions held on behalf of their clients. at the end of each trading day, as well as during the trading day at defined intervals where appropriate.
2012/05/15
Committee: ECON
Amendment 1169 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 3 – subparagraph 1 – introductory part
The members, participants and their cliPersons holding a position in a relevant financial instruments shall be classified by the regulated market, MTF or OTF as traders according to the nature of their main business, taking account of any applicable authorisation, as either:
2012/05/15
Committee: ECON
Amendment 1174 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 3 – subparagraph 2
The reports mentioned in point (a) of paragraph 1 should specify the number of long and short positions by category of traposition holder, changes thereto since the previous report, percent of total short and long open interest represented by each category, and the number of traposition holders in each category.
2012/05/15
Committee: ECON
Amendment 1181 #

2011/0298(COD)

Proposal for a directive
Article 60 – paragraph 5 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 94 concerning measures to specify the thresholds mentioned in the last subparagraph of paragraph 1 and to refine the categories of members, participants or clientposition holders mentioned in paragraph 3.
2012/05/15
Committee: ECON
Amendment 1187 #

2011/0298(COD)

Proposal for a directive
Article 61 – paragraph 2
2. By way of derogation from paragraph 1, Member States shall allow any market operator to operate the data reporting services of an APA, a CTP and an ARM, subject to the prior verification of their compliance with the provisions of this Title. Such a service shall be included in their authorisation.
2012/05/15
Committee: ECON
Amendment 1190 #

2011/0298(COD)

Proposal for a directive
Article 65 – paragraph 1 – subparagraph 3
Where a market operator seeks authorisation to operate an APA, a CTP or an ARM and the members of the management body of the APA, the CTP or the ARM are the same as the members of the management body of the regulated market, those persons are deemed to comply with the requirement laid down in the first subparagraph.
2012/05/15
Committee: ECON
Amendment 1191 #

2011/0298(COD)

Proposal for a directive
Article 65 a (new)
Article 65 a Establishment of a European Consolidated Tape 1. A single European Consolidated Tape shall be established to consolidate all data on transactions in equities and equity-like instruments admitted to trading on a regulated market or which are traded on a regulated market or an MTF. 2. The European Consolidated Tape shall be governed by a single EU entity, along requirements determined by the European Commission through delegated acts. The delegated acts shall also describe the procedure for designation of this entity by public tender made by the European Commission. 3. The European Consolidated Tape shall be extended to non-equity financial instruments, in particular to bonds, at least (2) years after this Directive has come into force.
2012/05/15
Committee: ECON
Amendment 1203 #

2011/0298(COD)

Proposal for a directive
Article 67 – paragraph 3
3. The home Member State shall require the CTP to ensure that the data provided is consolidated from at least the regulated markets, MTFs, OTFs and APAs and for the financial instruments specified by delegated acts under paragraph 8(c).
2012/05/15
Committee: ECON
Amendment 1234 #

2011/0298(COD)

Proposal for a directive
Article 75 – paragraph 1 – point k
(k) a MTF or an OTF failing to establish rules, procedures and arrangements or failing to comply with instructions in accordance with the national provisions implementing Articles 18, 19 and 20;
2012/05/15
Committee: ECON
Amendment 1261 #

2011/0298(COD)

Proposal for a directive
Article 83 – paragraph 2
2. When, taking into account the situation of the securities markets in the host Member State, the operations of a regulated market an MTF, or an OMTF that has established arrangements in a host Member State have become of substantial importance for the functioning of the securities markets and the protection of the investors in that host Member State, the home and host competent authorities of the regulated market shall establish proportionate cooperation arrangements.
2012/05/15
Committee: ECON
Amendment 1269 #

2011/0298(COD)

Proposal for a directive
Article 90 – paragraph 3 – subparagraph 1
Where the competent authority of the host Member State of a regulated market, or an MTF or OTF has clear and demonstrable grounds for believing that such regulated market, MTF or OMTF is in breach of the obligations arising from the provisions adopted pursuant to this Directive, it shall refer those findings to the competent authority of the home Member State of the regulated market or the MTF or OTF .
2012/05/15
Committee: ECON
Amendment 1271 #

2011/0298(COD)

Proposal for a directive
Article 91 – title
Cooperation and exchange of information with ESMA within the European System of Financial Supervision (ESFS), and with the European System of Central Banks (ESCB)
2012/05/15
Committee: ECON
Amendment 1272 #

2011/0298(COD)

Proposal for a directive
Article 91 – paragraph -1 (new)
-1. Competent authorities, as parties to the ESFS, shall cooperate with trust and full mutual respect, in particular when ensuring the flow of appropriate and reliable information between them and other parties to the ESFS in accordance with the principle of sincere cooperation pursuant to Article 4(3) of the Treaty on European Union.
2012/05/15
Committee: ECON
Amendment 1275 #

2011/0298(COD)

Proposal for a directive
Article 91 – paragraph 2
2. The competent authorities shall, without delay, provide ESMA with all information necessary to carry out its duties under this Directive and in accordance with Article 35 of Regulation (EU) No 1095/2010 and, where appropriate, provide the ESCB central banks with all information relevant for the performance of their respective tasks.
2012/05/15
Committee: ECON
Amendment 1280 #

2011/0298(COD)

Proposal for a directive
Article 96 – paragraph 1 – point a
(a) the functioning of organised trading facilities, taking into account supervisory experiences acquired by competent authorities, the number of OTFs authorised in the EU and their market share;deleted
2012/05/15
Committee: ECON
Amendment 1296 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section A – point 10
(10) Operation of Organised Trading Facilities.deleted
2012/05/15
Committee: ECON
Amendment 1308 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section C – point 6
(6) Options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market , OTF, or an MTF;
2012/05/15
Committee: ECON
Amendment 1309 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section C – point 7
(7) Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in C.6 and not being for commercial purposes, which have the characteristics of other derivative financial instruments, having regards to whether, inter alia, they are cleared and settled through recognised clearing houses or are subject to regular margin calls;
2012/05/15
Committee: ECON
Amendment 1311 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section C – point 10
(10) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event, as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market , OTF, or an MTF, are cleared and settled through recognised clearing houses or are subject to regular margin calls.
2012/05/15
Committee: ECON
Amendment 1316 #

2011/0298(COD)

Proposal for a directive
Annex 1 – Section D – point 2
(2) Operating a consolidated tape provider;deleted
2012/05/15
Committee: ECON
Amendment 18 #

2011/0297(COD)

Proposal for a directive
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaty. Specifically, it should be applied with due respect for the freedom of expression and information (Article 11), the freedom to conduct a business (Article 16), the right to an effective remedy and to a fair trial (Article 47), the presumption of innocence and right of defence (Article 48), the principles of legality and proportionality of criminal offences and penalties (Article 49), and the right not to be tried or punished twice for the same offence (Article 50). This Directive does not in any way prevent Member States from applying their constitutional rules relating to freedom of the press and freedom of expression in the media as well as self-regulatory instruments which apply to journalistic professions.
2012/07/13
Committee: ECON
Amendment 23 #

2011/0297(COD)

Proposal for a directive
Article 1 – paragraph 3 a (new)
3 a. This Directive shall not apply to information which is disseminated for the purposes of journalism.
2012/07/13
Committee: ECON
Amendment 100 #

2011/0296(COD)

Proposal for a regulation
Recital 6
(6) Definitions of regulated market and MTF should be introduced andstay closely aligned with each other to reflect the fact that they represent the same organised trading functionality. The definitions should exclude bilateral systems where an investment firm enters into every trade on own account, even as a riskless counterparty interposed between the buyer and seller. The term 'system' encompasses all those markets that are composed of a set of rules and a trading platform as well as those that only function on the basis of a set of rules. Regulated markets and MTFs are not obliged to operate a 'technical' system for matching orders. A market which is only composed of a set of rules that governs aspects related to membership, admission of instruments to trading, trading between members, reporting and, where applicable, transparency obligations is a regulated market or an MTF within the meaning of this Directive and the transactions concluded under those rules are considered to be concluded under the systems of a regulated market or an MTF. The term 'buying and selling interests' is to be understood in a broad sense and includes orders, quotes and indications of interest. The requiremento make the trading functionality of Regulated markets and MTFs explicit, the definitions of Regulated markets and MTFs should be subject to a clear set of rules. Hence, venue types' requirements should be stated separately. The requirements to be kept separately concerns the obligation that the interests be brought together in the system by means of non- discretionary rules set by the system operator, which means that they are brought together under the system's rules or by means of the system's protocols or internal operating procedures (including procedures embodied in computer software). The term 'non- discretionary rules' means that these rules leave the investment firm operating an MTF with no discretion as to how interests may interact. The definitions require that interests be brought together in such a way as to result in a contract, meaning that execution takes place under the system's rules or by means of the system's protocols or internal operating procedures.
2012/05/14
Committee: ECON
Amendment 104 #

2011/0296(COD)

Proposal for a regulation
Recital 7
(7) In order to make European markets more transparent and efficient, and to level the playing field between various venues offering trading services, it is necessary to introduce a new category of organised trading facility (OTF). This new category is broadly defined so that now and in the future it should be able to capture all types of organised execution and arranging of trading which do not correspond to the functionalities or regulatory specifications of existing venuesmake clear that venues that are in the same business have to be subject to the same rules. Now and in the future it the existing trading venues should be able to capture all types of organised execution and arranging of trading. Consequently appropriatsame organiszational requirements and transparency rules which support efficient price discovery need to be applied. The new category includesshould happen on platforms that provide identical rules on transparency, non-discretionary execution, non-discriminatory access, and full market surveillance. The definitions of the RM, MTF and SI should guarantee that broker crossing systems, which can be described as internal electronic matching systems operated by an investment firm which execute client orders against other client orders. The new category, are regulated either as MTFs or SIs, depending on which trading functionality they have, i.e. multilateral or bilateral. The new definitions of RMs, MTFs and SIs should also encompasses systems eligible for trading clearing- eligible and sufficiently liquid derivatives. It shall not includeHowever, facilities where there is no genuine trade execution or arranging taking place in the system, such as bulletin boards used for advertising buying and selling interests, other entities aggregating or pooling potential buying or selling interests, or electronic post-trade confirmation services, should continue to be defined as OTC.
2012/05/14
Committee: ECON
Amendment 113 #

2011/0296(COD)

Proposal for a regulation
Recital 8
(8) This new category of organisede clarification of the existing types of trading venues is needed to ensure that same trading facility will complement the existing types of trading venues. Whiletivities are subject to the same rules. In particular, the clarifications of the definitions of regulated markets and multilateral trading facilities are characterised byshould clarify that the non- discretionary execution of transactions, the operator of an organised trading facility should have discretion over how a transaction is to be executed in a RM or MTF is fully separate from, and complementary to, the client-facing requirements imposed on intermediaries when executing client orders. Consequently, conduct of business rules, best execution and client order handling obligations should continue to apply to the transactions concluded on an O RM or MTF operated by an investment firm or a market operator. However, because an OTF constitutes a genuine tthe market- facing rules linked with operadting platform, the platform operator should be neutral. Therefore, the operator of an OTF should not be allowed to execute in the OTF any transaction between multiple third-party buying and selling interests including client orders brought together in the system against his own proprietary capital. This also excludes them from acting as systematic internalisers in the OTF operated by thema trading platform are different from the client-facing duties of an intermediary, both types of platforms must continue to be subject to the requirement of non- discretionary execution.
2012/05/14
Committee: ECON
Amendment 121 #

2011/0296(COD)

Proposal for a regulation
Recital 12
(12) The financial crisis exposed specific weaknesses in the way information on trading opportunities and prices in financial instruments other than shares is available to market participants, namely in terms of timing, granularity, equal access, and reliability. Pre- and post-trade transparency requirements taking account of the different characteristics and market structures of specific types of instruments other than shares should thus be introduced. In order to provide a sound transparency framework for all relevant instruments, these should apply to bonds and structured finance products with a prospectus or which are admitted to trading either on a regulated market or are traded on a multilateral trading facility (MTF) or an organised trading facility (OTF), to derivatives which are traded or admitted to trading on regulated markets, MTFs and OTFs or considered eligible for central clearing, as well as, in the case of post- trade transparency, to derivatives reported to trade repositories. Therefore only those financial instruments traded purely OTC which are deemed particularly illiquid or are bespoke in their design would be outside the scope of the transparency obligations.
2012/05/14
Committee: ECON
Amendment 135 #

2011/0296(COD)

Proposal for a regulation
Recital 16
(16) An investment firm executing client orders against own proprietary capital should be deemed a systematic internaliser, unless the transactions are carried out on OTC basis where trading refers to bilateral trading outside regulated markets, MTFs and OMTFs on an occasional, ad hoc and irregular basis at sizes above standard market size and with eligible counterparties. Systematic internalisers should be defined as investment firms which, on an organised, frequent and systematic basis, deal on own account by executing client orders outside a regulated market, an MTF or an OMTF. In order to ensure the objective and effective application of this definition to investment firms, any bilateral trading carried out with clients should be relevant and quantitative criteria should complement the qualitative criteria for the identification of investment firms required to register as systematic internalisers, laid down in Article 21 of Commission Regulation No 1287/2006 implementing Directive 2004/39/EC. While an OTF is any system or facility in which multiple third party buying and selling interests interact in the system, aA systematic internaliser should not be allowed to bring together third party buying and selling interests.
2012/05/14
Committee: ECON
Amendment 151 #

2011/0296(COD)

Proposal for a regulation
Recital 18
(18) It is not the intention of this Regulation to require the application of pre-trade transparency rules as well as all market-facing rules requested on trading venues to transactions carried out on an OTC basis, the characteristics of which includare that they are bilateral, ad-hoc and irregular and are carried out with wholesaeligible counterparties and are part of a business relationship which is itself 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.
2012/05/14
Committee: ECON
Amendment 159 #

2011/0296(COD)

Proposal for a regulation
Recital 27
(27) The details of transactions in financial instruments should be reported to competent authorities to enable them to detect and investigate potential cases of market abuse, to monitor the fair and orderly functioning of markets, as well as the activities of investment firms. The scope of this oversight includes all instruments which are admitted to trading on a regulated market, MTF or OTF, as well as all instruments the value of which depends on or influences the value of those instruments. In order to avoid an unnecessary administrative burden on investment firms, financial instruments not traded in an organised way and that are not susceptible to market abuse should be excluded from the reporting obligation.
2012/05/14
Committee: ECON
Amendment 162 #

2011/0296(COD)

Proposal for a regulation
Recital 28 a (new)
(28 a) The provision of services by third country firms in the Union is subject to national regimes and requirements. These regimes are highly differentiated and should be harmonized to ensure certainty and uniform treatment of third country firms accessing the Union based on an equivalence assessment carried out by the Commission in relation to the regulatory and supervisory framework of third countries that should provide for a comparable level of protections to investors in the EU receiving services by third country firms and provided also that EU investment firms are subject to a reciprocal access in third countries.
2012/05/14
Committee: ECON
Amendment 163 #

2011/0296(COD)

Proposal for a regulation
Recital 28 b (new)
(28 b) The provision of services shall be restricted to eligible counterparties only and should require the establishment of a branch in the Union. The branch shall be established in the Member State where the third country firm has its most significant activity. The establishment of the branch shall be subject to registration by ESMA. Once registered by ESMA, the branch should be subject to supervision in the Member State where the branch is established. The third country firm should be able to provide services in other Member States through the branch, subject to a notification procedure.
2012/05/14
Committee: ECON
Amendment 164 #

2011/0296(COD)

Proposal for a regulation
Recital 28 c (new)
(28 c) The provision of this regulation regulating the provision of services by third country firms in the Union should not affect the possibility for retail or professional clients established in the Union to receive investment services by a third country firm provided at their own and exclusive initiative only. In this case, the services by the third country firm should not be deemed as being provided in the territory of the Union.
2012/05/14
Committee: ECON
Amendment 200 #

2011/0296(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. The post-trade disclosure of transactions referred to in Articles 19 and 20, and the obligation to report transactions laid down in Article 23, do not apply to transactions to which an ESCB central bank is counterparty.
2012/05/14
Committee: ECON
Amendment 207 #

2011/0296(COD)

Proposal for a regulation
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;
2012/05/14
Committee: ECON
Amendment 212 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘regulated market’ means a multilateral system operated and/or managed by a market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments – in the system and in accordance with its non-discretionary rules – in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules and/or systems, and which is authorised and functions regularly and in accordance with the provisions of Title III of Directive [new MiFID];
2012/05/14
Committee: ECON
Amendment 218 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘multilateral trading facility (MTF)’ means a multilateral system, operated by an investment firm or a market operator, which brings together multiple third-party buying and selling interests in financial instruments – in the system and in accordance with non-discretionary rules – in a way that results in a contract in accordance with the provisions of Title II of Directive [new MiFID];
2012/05/14
Committee: ECON
Amendment 222 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
(6 a) 'Over-the-counter (OTC) trading' means any bilateral trading carried out on an occasional, 'ad hoc' and irregular basis with eligible counterparties by a broker on its own account and always at above the standard market size. Any trading that brings together multilateral and bilateral trading should not be considered as OTC, and instead be split into multilateral and bilateral trading components obligations.
2012/05/14
Committee: ECON
Amendment 224 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘organised trading facility (OTF)’ means any system or facility, which is not a regulated market or MTF, operated by an investment firm or a market operator, in which multiple third-party buying and selling interests in financial instruments are able to interact in the system in a way that results in a contract in accordance with the provisions of Title II of Directive [new MiFID];deleted
2012/05/14
Committee: ECON
Amendment 237 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 19
(19) ‘consolidated tape provider (CTP)’ means a person authorised under the provisions established in Directive [new MiFID] to provide the service of collecting trade reports for financial instruments listed in Articles [5, 6, 11 and 12] of this Regulation from regulated markets, MTFs, OTFs and APAs and consolidating them into a continuous electronic live data stream providing real-time price and volume data per financial instrument;
2012/05/14
Committee: ECON
Amendment 241 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 25
(25) ‘trading venue’ means any regulated market, MTF or OTF.Systematic Internaliser;
2012/05/14
Committee: ECON
Amendment 243 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
(25 a) 'Multilateral system' means a trading system that brings together buying and selling interests in financial instruments, where the operator does not take on capital risk hence it is neutral, irrespective of the actual number of orders that are executed in the resulting transactions.
2012/05/14
Committee: ECON
Amendment 244 #

2011/0296(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 25 b (new)
(25 b) 'Bilateral system' is a system that brings together buying and selling interests in financial instruments, whereby the operator of the investment firms deals on own account.
2012/05/14
Committee: ECON
Amendment 256 #

2011/0296(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public current bid and offer prices and the depth of trading interests at those prices which are advertised through their systems for shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments admitted to trading or which are traded on an MTF or an OTF. This requirement shall also apply to actionable indications of interests. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make this information available to the public on a continuous basis during normal trading hours.
2012/05/14
Committee: ECON
Amendment 259 #

2011/0296(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall give access, on reasonable commercial terms and on a non- discriminatory basis, to the arrangements they employ for making public the information under the first paragraph to investment firms which are obliged to publish their quotes in shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments pursuant to Article 13.
2012/05/14
Committee: ECON
Amendment 261 #

2011/0296(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Competent authorities shall be able to waive the obligation for regulated markets and investment firms and market operators operating an MTF or an OTF to make public the information referred to in Article 3(1) based on the market model or the type and size of orders in the cases defined in accordance with paragraph 3. In particular, the competent authorities shall be able to waive the obligation in in respect of orders that are large in scale compared with normal market size for the share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument or type of share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument in question.
2012/05/14
Committee: ECON
Amendment 269 #

2011/0296(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Before granting a waiver in accordance with paragraph 1, competent authorities shall notify ESMA and other competent authorities of the intended use of each individual waiver request and provide an explanation regarding their functioning. Notification of the intention to grant a waiver shall be made not less than 6 months before the waiver is intended to take effect. Within 3 months following receipt of the notification, ESMA shall issue an binding opinion to the competent authority in question assessing the compatibility of each waiver with the requirements established in paragraph 1 and specified in the delegated act adopted pursuant to paragraphs 3(b) and (c). Where that competent authority grants a waiver and a competent authority of another Member State disagrees with this, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010. ESMA shall monitor the application of the waivers and shall submit an annual report to the Commission on how they are applied in practice.
2012/05/14
Committee: ECON
Amendment 280 #

2011/0296(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point c
(c) the market model for which pre-trade disclosure may be waived under paragraph 1, and in particular, the applicability of the obligation to trading methods operated by regulated markets which conclude transactions under their rules by reference to prices established outside the regulated market or by periodic auction for each class of financial instrument concerned.deleted
2012/05/14
Committee: ECON
Amendment 286 #

2011/0296(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Waivers granted by competent authorities in accordance with Articles 29 (2) and 44 (2) of Directive 2004/39/EC and Articles 18 to 20 of Commission Regulation (EC) No 1287/2006 before the date of application of this Regulation shall be reviewed by ESMA by [2 years following the date of application of this Regulation]. ESMA shall issue an binding opinion to the competent authority in question assessing the continued compatibility of each of those waivers with the requirements established in this Regulation and any delegated act based on this Regulation.
2012/05/14
Committee: ECON
Amendment 287 #

2011/0296(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public the price, volume and time of the transactions executed in respect of shares, depositary receipts, exchange- traded funds, certificates and other similar financial instruments admitted to trading or which are traded on an MTF or an OTF. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make details of all such transactions public as close to real-time as is technically possible.
2012/05/14
Committee: ECON
Amendment 290 #

2011/0296(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall give access, on reasonable commercial terms and on a non- discriminatory basis, to the arrangements they employ for making public the information under paragraph 1 to investment firms which are obliged to publish the details of their transactions in shares, depositary receipts, exchange- traded funds, certificates and other similar financial instruments pursuant to Article 19.
2012/05/14
Committee: ECON
Amendment 294 #

2011/0296(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Competent authorities shall be able to authorise regulated markets to provide for deferred publication of the details of transactions based on their type or size. In particular, the competent authorities may authorise the deferred publication in respect of transactions that are large in scale compared with the normal market size for that share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument or that class of share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument. Regulated markets and investment firms and market operators operating an MTF or an OTF shall obtain the competent authority's prior approval of proposed arrangements for deferred trade- publication, and shall clearly disclose these arrangements to market participants and the public. ESMA shall monitor the application of these arrangements for deferred trade-publication and shall submit an annual report to the Commission on how they are applied in practice.
2012/05/14
Committee: ECON
Amendment 299 #

2011/0296(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) the details that need to be specified by regulated markets, investment firms, including systematic internalisers and investment firms and regulated markets operating a MTF or an OTF in the information to be made available to the public for each class of financial instrument concerned;
2012/05/14
Committee: ECON
Amendment 300 #

2011/0296(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) the conditions for authorising a regulated market, an investment firm, including a systematic internaliser or an investment firm or market operator operating an MTF or an OTF for a deferred publication of trades and the criteria to be applied when deciding the transactions for which, due to their size or the type of share, depositary receipt, exchange-traded fund, certificate or other similar financial instrument involved, deferred publication is allowed for each class of financial instrument concerned.
2012/05/14
Committee: ECON
Amendment 310 #

2011/0296(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF based on the trading system operated shall make public prices and the depth of trading interests at those prices for orders or quotes advertised through their systems for bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTF. This requirement shall also apply to actionable indications of interests. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make this information available to the public on a continuous basis during normal trading hours.
2012/05/14
Committee: ECON
Amendment 320 #

2011/0296(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall give access, on reasonable commercial terms and on a non- discriminatory basis, to the arrangements they employ for making public the information referred to in the first paragraph to investment firms which are obliged to publish their quotes in bonds, structured finance products, emission allowances and derivatives pursuant to Article 17.
2012/05/14
Committee: ECON
Amendment 326 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Competent authorities shall be able to waive the obligation for regulated markets and investment firms and market operators operating an MTF or an OTF to make public the information referred to in Article 7(1) for specific sets of products based on the market model, the specific characteristics of trading activity in a product and the liquidity in the cases defined in accordance with paragraph 4.
2012/05/14
Committee: ECON
Amendment 331 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Competent authorities shall be able to waive the obligation for regulated markets and investment firms and market operators operating an MTF or an OTF to make public the information referred to in paragraph 1 of Article 7 based on the type and size of orders and method of trading in accordance with paragraph 4. In particular, the competent authorities shall be able to waive the obligation in respect of orders that are large in scale compared with normal market size for the bond, structured finance product, emission allowance or derivative or type of bond, structured finance product, emission allowance or derivative in question.
2012/05/14
Committee: ECON
Amendment 339 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Before granting a waiver in accordance with paragraphs 1 and 2, competent authorities shall notify ESMA and other competent authorities of the intended use of waivers and provide an explanation regarding their functioning. Notification of the intention to grant a waiver shall be made not less than 6 months before the waiver is intended to take effect. Within 3 months following receipt of the notification, ESMA shall issue an binding opinion to the competent authority in question assessing the compatibility of each individual waiver request with the requirements established in paragraphs 1 and 2 and specified in the delegated act adopted pursuant to paragraph 4(b). Where that competent authority grants a waiver and a competent authority of another Member State disagrees with this, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010. ESMA shall monitor the application of the waivers and shall submit an annual report to the Commission on how they are applied in practice.
2012/05/14
Committee: ECON
Amendment 350 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point b – point i
(i) the market model;deleted
2012/05/14
Committee: ECON
Amendment 352 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point b – point iii
(iii) the liquidity profile, including the number and type of market participants in a given market and any other relevant criteria for assessing liquidity;deleted
2012/05/14
Committee: ECON
Amendment 363 #

2011/0296(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Waivers granted by competent authorities in accordance with Articles 29 (2) and 44 (2) of Directive 2004/39/EC and Articles 18 to 20 of Commission Regulation (EC) No 1287/2006 before the date of application of this Regulation shall be reviewed by ESMA by [2 years following the date of application of this Regulation]. ESMA shall issue an binding opinion to the competent authority in question assessing the continued compatibility of each of those waivers with the requirements established in this Regulation and any delegated act based on this Regulation.
2012/05/14
Committee: ECON
Amendment 366 #

2011/0296(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public the price, volume and time of the transactions executed in respect of bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTF. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make details of all such transactions public as close to real- time as is technically possible.
2012/05/14
Committee: ECON
Amendment 373 #

2011/0296(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Regulated markets and investment firms and market operators operating an MTF or an OTF shall give access, on reasonable commercial terms and on a non- discriminatory basis, to the arrangements they employ for making public the information under the first paragraph to investment firms which are obliged to publish the details of their transactions in bonds, structured finance products, emission allowances and derivatives pursuant to Article 20.
2012/05/14
Committee: ECON
Amendment 378 #

2011/0296(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Competent authorities shall be able to authorise regulated markets and investment firms and market operators operating an MTF or an OTF to provide for deferred publication of the details of transactions based on their type or size. In particular, the competent authorities may authorise the deferred publication in respect of transactions that are large in scale compared with the normal market size for that bond, structured finance product, emission allowance or derivative or that class of bond, structured finance product, emission allowance or derivative.
2012/05/14
Committee: ECON
Amendment 381 #

2011/0296(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Regulated markets and investment firms and market operators operating an MTF or an OTF shall obtain the competent authority's prior approval of proposed arrangements for deferred trade- publication, and shall clearly disclose these arrangements to market participants and the investing public. ESMA shall monitor the application of these arrangements for deferred trade- publication and shall submit an annual report to the Commission on how they are used in practice.
2012/05/14
Committee: ECON
Amendment 384 #

2011/0296(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) the details that need to be specified by regulated markets, investment firms, including systematic internalisers and investment firms and regulated markets operating a MTF or an OTF in the information to be made available to the public for each class of financial instrument concerned;
2012/05/14
Committee: ECON
Amendment 386 #

2011/0296(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point b
(b) the conditions for authorising for each class of financial instrument concerned a deferred publication of trades for a regulated market, an investment firm, including a systematic internaliser or an investment firm or market operator operating an MTF or an OTF and the criteria to be applied when deciding the transactions for which, due to their size or the type of bond, structured finance product, emission allowance or derivative involved, deferred publication and/or the omission of the volume of the transaction is allowed.
2012/05/14
Committee: ECON
Amendment 390 #

2011/0296(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Regulated markets and market operators and investment firms operating MTFs and OTFs shall make the information published in accordance with Articles 3 to 10 available to the public by offering pre- and post- trade transparency data separately.
2012/05/14
Committee: ECON
Amendment 395 #

2011/0296(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Regulated markets, MTFs and OTFs shall make the information published in accordance with Articles 3 to 10 available to the public on a reasonable commercial basis. The information shall be made available free of charge 15 minutes after the publication of a transaction.
2012/05/14
Committee: ECON
Amendment 401 #

2011/0296(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. Systematic internalisers in shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments shall publish a firm quote in those shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments admitted to trading on a regulated market or traded on an MTF or an OTF for which they are systematic internalisers and for which there is a liquid market. In the case of shares, depositary receipts, exchange- traded funds, certificates and other similar financial instruments for which there is not a liquid market, systematic internalisers shall disclose quotes to their clients on request.
2012/05/14
Committee: ECON
Amendment 420 #

2011/0296(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Systematic internalisers shall provide firm quotes in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are admitted to trading on a regulated market or are traded on an MTF or an OTF when the following conditions are fulfilled:
2012/05/14
Committee: ECON
Amendment 445 #

2011/0296(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. The quotes shall be such as to ensure that the firm complies with its obligations under Article 27 of Directive [new MiFID], and shall reflect prevailing market conditions in relation to prices at which transactions are concluded for the same or similar instruments on regulated markets, MTFs or OTFs.
2012/05/14
Committee: ECON
Amendment 450 #

2011/0296(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Competent authorities and ESMA shall monitor the application of this Article regarding the sizes at which quotes are made available to clients of the investment firm and made available to other market participants relative to other trading activity of the firm, and the degree to which the quotes reflect prevailing market conditions in relation to transactions in the same or similar instruments taking place on regulated markets, MTFs, or OTFs. Within 2 years from the date of entry into force, ESMA shall report to the Commission on the application of this Article. In case of significant quoting and trading activity just beyond the threshold mentioned in paragraph 3 of Article 17 or outside prevailing market conditions, they shall report to the Commission before this deadline.
2012/05/14
Committee: ECON
Amendment 457 #

2011/0296(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Investment firms which, either on own account or on behalf of clients, conclude transactions in shares, depositary receipts, exchange-traded funds, certificates or other similar financial instruments admitted to trading on a regulated market or which are traded on an MTF or an OTF, shall make public the volume and price of those transactions and the time at which they were concluded. This information shall be made public through an APA.
2012/05/14
Committee: ECON
Amendment 462 #

2011/0296(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The information which is made public in accordance with paragraph 1 and the time- limits within which it is published shall comply with the requirements adopted pursuant to Article 6. Where the measures adopted pursuant to Article 6 provide for deferred reporting for certain categories of transaction in shares, depositary receipts, exchange-traded funds, certificates or other similar financial instruments, this possibility shall also apply to those transactions when undertaken outside regulated markets, MTFs or OTFs.
2012/05/14
Committee: ECON
Amendment 465 #

2011/0296(COD)

Proposal for a regulation
Article 19 – paragraph 3 – point b a (new)
(b a) flags to identify and differentiate the various types of transactions including OTC transactions, depending on their nature.
2012/05/14
Committee: ECON
Amendment 469 #

2011/0296(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Investment firms which, either on own account or on behalf of clients, conclude transactions in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are reported to trade repositories in accordance with Article [6] of Regulation [EMIR] or are admitted to trading on a regulated market or are traded on an MTF or an OTF shall make public the volume and price of those transactions and the time at which they were concluded. This information shall be made public through an APA.
2012/05/14
Committee: ECON
Amendment 477 #

2011/0296(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The information which is made public in accordance with paragraph 1 and the time- limits within which it is published shall comply with the requirements adopted pursuant to Article 10. Where the measures adopted pursuant to Article 10 provide for deferred reporting for certain categories of transaction in bonds, structured finance products, emission allowances or derivatives, this possibility shall also apply to those transactions when undertaken outside regulated markets, MTFs or OTFs.
2012/05/14
Committee: ECON
Amendment 484 #

2011/0296(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The operator of a regulated market, MTF or OTF shall keep at the disposal of the competent authority, for at least five years, the relevant data relating to all orders in financial instruments which are advertised through their systems. The records shall contain all the details required for the purposes of Article 23(1) and (2). ESMA shall perform a facilitation and coordination role in relation to competent authorities' accessing information under the provisions of this paragraph.
2012/05/14
Committee: ECON
Amendment 489 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The obligation laid down in paragraph 1 shall not apply to financial instruments which are not admitted to trading or traded on an MTF or an OTF, to financial instruments whose value does not depend on that of a financial instrument admitted to trading or traded on an MTF or an OTF, nor to financial instruments which do not or are not likely to have an effect on a financial instrument admitted to trading or traded on an MTF or an OTF.
2012/05/14
Committee: ECON
Amendment 493 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. The reports shall, in particular, include details of the names and numbers of the instruments bought or sold, the quantity, the dates and times of execution, the transaction prices, a designation to identify the clients on whose behalf the investment firm has executed that transaction, a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction, and means of identifying the investment firms concerned. For transactions not carried out on a regulated market, MTF or OTF, the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to Article 19(3)(a) and Article 20(3)(a).
2012/05/14
Committee: ECON
Amendment 498 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. The operator of a regulated market, MTF or OTF shall report details of transactions in instruments traded on their platform which are executed through their systems by a firm which is not subject to this Regulation in accordance with paragraphs 1 and 3.
2012/05/14
Committee: ECON
Amendment 501 #

2011/0296(COD)

Proposal for a regulation
Article 23 – paragraph 6
6. The reports shall be made to the competent authority either by the investment firm itself, an ARM acting on its behalf or by the regulated market or MTF or OTF through whose systems the transaction was completed. Trade- matching or reporting systems, including trade repositories registered or recognised in accordance with Title VI of Regulation [ ] (EMIR), may be approved by the competent authority as an ARM. In cases where transactions are reported directly to the competent authority by a regulated market, an MTF, an OTF or an ARM, the obligation on the investment firm laid down in paragraph 1 may be waived. In cases where transactions have been reported to a trade repository in accordance with article [7] of Regulation [ ] (EMIR) and where these reports contain the details required under paragraphs 1 and 3, the obligation on the investment firm laid down in paragraph 1 shall be considered to have been complied with.
2012/05/14
Committee: ECON
Amendment 520 #

2011/0296(COD)

Proposal for a regulation
Article 24 – title
Obligation to trade on regulated markets, MTFs or OTFs
2012/05/14
Committee: ECON
Amendment 527 #

2011/0296(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) OTFs; ordeleted
2012/05/14
Committee: ECON
Amendment 554 #

2011/0296(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point a
(a) the class of derivatives or a relevant subset thereof has to be admitted to trading or traded on at least one regulated market, MTF or OMTF referred to in Article 24(1), and
2012/05/14
Committee: ECON
Amendment 597 #

2011/0296(COD)

Proposal for a regulation
Title 6
Non-discriminatory clearing access for financial instrumentsdeleted
2012/05/14
Committee: ECON
Amendment 599 #

2011/0296(COD)

Proposal for a regulation
Article 28
[...]deleted
2012/05/14
Committee: ECON
Amendment 622 #

2011/0296(COD)

Proposal for a regulation
Article 29
[...]deleted
2012/05/14
Committee: ECON
Amendment 658 #

2011/0296(COD)

Proposal for a regulation
Article 30
[...]deleted
2012/05/14
Committee: ECON
Amendment 761 #

2011/0296(COD)

Proposal for a regulation
Title 8
Provision of services without a branch by third country firms
2012/05/14
Committee: ECON
Amendment 769 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. A third country firm may provide the services listed in Article 30nnex I, Section A of Directive [new MiFID] except services listed from (8) to (10) to eligible counterparties only, when established in the Union without the establishment of a branch and only where it is registered in the register of third country firms kept by ESMA in accordance with an equivalence decision pursuant to Article 37.
2012/05/14
Committee: ECON
Amendment 771 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 1 a (new)
1a. The branch shall be established in the Member State where the third country firm has its most significant activity and subject to supervision of the competent authority where it is established. Cooperation arrangements should be in place between ESMA and the competent authority in the third country. Cooperation arrangements should be exist between the competent authority of the Member State where the branch is established and the competent authority in the third country.
2012/05/14
Committee: ECON
Amendment 776 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 4 – subparagraph 1
Third country firms providing services in accordance with this Article shall inform clients established in the Union, before the provision of any investment services, that they are not allowed to provide services to clients other than eligible counterparties and that they are not subject to supervision in the Union. They shall indicate the name and the address of the competent authority responsible for supervision in the third country.deleted
2012/05/14
Committee: ECON
Amendment 778 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 4 – subparagraph 2
The information in the first subparagraph shall be provided in writing and in a prominent way.deleted
2012/05/14
Committee: ECON
Amendment 781 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 4 – subparagraph 3
Persons established in the Union shall be allowed to receive investment services by a third country firm not registered in accordance with paragraph 1 only at their own exclusive initiativeonly at their own and exclusive initiative. In that case, the services should not be deemed as being provided in the territory of the Union. The third country firms shall inform such soliciting persons that they are not allowed to provide services in the Union and that they are not subject to supervision in the Union. The information shall be provided in a prominent way. Third country firm shall not be allowed to solicit persons in the Union or promote or advertise investment services or activities together with ancillary services in the Union. Third country firm shall only be allowed to solicit or promote or advertise investment services or activities together with ancillary services in the Union to persons that are qualified as eligible counterparties in the Union, provided the third country firm is registered in accordance to Articles 36 and 37.
2012/05/14
Committee: ECON
Amendment 784 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 6 – subparagraph 1
Powers are delegated to the Commission to adopt regulatoryESMA shall develop draft implementing technical standards specifying: the information that the applicant third country firm shall provide to ESMA in its application for registration in accordance with paragraph 3 and: (a) the format of information to be provided in accordance with paragraph 4, and (b) all the necessary information to be provided pursuant to Article 37.
2012/05/14
Committee: ECON
Amendment 785 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 6 – subparagraph 2
The regulatoryESMA shall submit those implementing technical standards to the Commission by [... ] Power is delegated to the Commission to adopt the implementing technical standards referred to in the first subparagraph shall be adopted in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
2012/05/14
Committee: ECON
Amendment 786 #

2011/0296(COD)

Proposal for a regulation
Article 36 – paragraph 6 – subparagraph 3
ESMA shall submit a draft to the Commission for those regulatory technical standards by [].deleted
2012/05/14
Committee: ECON
Amendment 791 #

2011/0296(COD)

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
The Commission mayshall adopt a decision on the equivalence of the third country in accordance with the procedure referred to in Article 42(2) in relation to a third country ifwhere the following conditions are met : (a) the legal and supervisory arrangements of that third country ensure that firms is authorised in that third country and complyies with legally binding requirements which have equivalent effect to the requirements set out in Directive No °[MiFID], in this Regulation and in Directive 2006/49/EC [Capital Adequacy Directive] and in their implementing measures and, (b) that third country provides for equivalent reciprocal recognition of the prudential framework applicable to investment firms authorised in accordance with this directive. regulation including a reciprocal access for EU firms to provide similar services to eligible counterparties in that third country. The Commission shall first consult ESMA to issue a binding opinion within 3 months on the equivalence of prudential framework of the third country.
2012/05/14
Committee: ECON
Amendment 799 #

2011/0296(COD)

Proposal for a regulation
Article 38 – paragraph 1
ESMA shall register the non-EU firms allowed to provide investment services or activities in the Union in accordance with Articles 36 and 37. The register shall be publicly accessible on the website of ESMA and shall contain information on the services or activities which the non-EU firms are permitted to provide and the reference of the competent authority responsible for their supervision in the third countryEU.
2012/05/14
Committee: ECON
Amendment 800 #

2011/0296(COD)

Proposal for a regulation
Article 39 – paragraph 1 – introductory part
1. ESMA shall withdraw, if the conditions in paragraph 2 are fulfilled, the registration of a non-EU firm in the register established in accordance with Article 38 when:
2012/05/14
Committee: ECON
Amendment 802 #

2011/0296(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point a
(a) ESMA has well-founded reasons based on documented evidence to believe that, in the provision of investment services and activities in the Union, the non-EU firm is acting in a manner which is clearly prejudicial to the interests of investors or the orderly functioning of markets, or
2012/05/14
Committee: ECON
Amendment 804 #

2011/0296(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point b
(b) ESMA has well-founded reasons based on documented evidence to believe that, in the provision of investment services and activities in the Union, the non-EU firm has seriously infringed the provisions applicable to it in the third country and on the basis of which the Commission has adopted the Decision in accordance with Article 37, paragraph 1. Such withdrawal may be requested to ESMA by the competent authority of any member states where the third country firms provides a service.
2012/05/14
Committee: ECON
Amendment 805 #

2011/0296(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point a
(a) ESMA has referred the matter to the competent authority of the third country and that third country competent authority has not taken the appropriate measures needed to protect investors and the proper functioning of the markets in the Union or has failed to demonstrate that the third country firm concerned complies with the requirements applicable to it in the third country; and
2012/05/14
Committee: ECON
Amendment 806 #

2011/0296(COD)

Proposal for a regulation
Article 39 – paragraph 3
3. ESMA shall inform the Commission of any measure adopted in accordance with paragraph 1 without delay and shall publish its decision on its websitewith regards to the third country firm on its website. The decision shall be published for a period of 5 years.
2012/05/14
Committee: ECON
Amendment 807 #

2011/0296(COD)

Proposal for a regulation
Article 39 – paragraph 4
4. The Commission shall assess again whether the conditions under which a Decision of equivalence in accordance with Article 37, paragraph 1, has been adopted continue to persist in relation to the third country concerned are still fulfilled.
2012/05/14
Committee: ECON
Amendment 809 #

2011/0296(COD)

Proposal for a regulation
Title 8 – Section 1 a (new)
Section 1a Provision of services with establishment of a branch Article 39a Establishment of a branch 1. Member States shall require that a third country firm intending to provide investment services or activities together with any ancillary services in their territory through a branch acquire a prior authorisation by the competent authorities of those Member States in accordance with the following provisions: (a) the Commission has adopted a decision in accordance with paragraph 3; (b) the provision of services for which the third country firm requests authorisation is subject to authorisation and supervision in the third country where the firm is established and the requesting firm is properly authorised. The third country where the third country firm is established shall not be listed as Non-Cooperative Country and Territory by the Financial Action Task Force on anti-money laundering and terrorist financing; (c) cooperation arrangements, that include provisions regulating the exchange of information for the purpose of preserving the integrity of the market and protecting investors, are in place between the competent authorities in the Member State concerned and competent supervisory authorities of the third country where the firm is established; (d) sufficient initial capital is at free disposal of the branch; (e) one or more persons responsible for the management of the branch are appointed and they comply with the requirement established under Article 9 (1); (f) the third country where the third country firm is established has signed an agreement with the Member State where the branch should be established, which fully comply with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including, if any, multilateral tax agreements; (g) the firm belongs to an investor- compensation scheme authorised or recognised in accordance with Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on Investor-Compensation Schemes at the time of authorisation. 2. Member States shall require that a third country firm intending to provide investment services or activities together with any ancillary services to retail clients in those Member States' territory shall establish a branch in the Union. 3. The Commission may adopt a decision in accordance with the procedure referred to in Article 95 in relation to a third country if the legal and supervisory arrangements of that third country ensure that firms authorised in that third comply with legally binding requirements which have equivalent effect to the requirements set out in this Regulation and in Directive No .../... (EU) [new MiFID] and in Directive 2006/49/EC [Capital Adequacy Directive] and their implementing measures and that third country provides for equivalent reciprocal recognition of the prudential framework applicable to investment firms authorised in accordance with this directive. The prudential framework of a third country may be considered equivalent where that framework fulfils all the following conditions: (a) firms providing investment services and activities in that third country are subject to authorisation and to effective supervision and enforcement on an ongoing basis; (b) firms providing investment services and activities in that third country are subject to sufficient capital requirements and appropriate requirements applicable to shareholders and members of their management body; (c) firms providing investment services and activities are subject to adequate organisational requirements in the area of internal control functions; (d) it ensures market transparency and integrity by preventing market abuse in the form of insider dealing and market manipulation. 4. The third country firm referred to in paragraph 1 shall submit its application to the competent authority of the Member State where it intends to establish a branch after the adoption by the Commission of the decision determining that the legal and supervisory framework of the third country in which the third country firm is authorised is equivalent to the requirements described in paragraph 3. Article 39b Obligation to provide information A third country firm intending to obtain authorisation for the provision of any investment services or activities together with any ancillary services in the territory of a Member State shall provide the competent authority of that Member State with the following: (a) the name of the authority responsible for its supervision in the third country concerned. When more than one authority is responsible for supervision, the details of the respective areas of competence shall be provided; (b) all relevant details of the firm (name, legal form, registered office and address, members of the management body, relevant shareholders) and a programme of operations setting out the investment services and/or activities as well as the ancillary services to be provided and the organisational structure of the branch, including a description of any outsourcing to third parties of essential operating functions; (c) the name of the persons responsible for the management of the branch and the relevant documents to demonstrate compliance with requirements under Article 9 (1) of Directive No .../... (EU) [new MiFID] ; (d) information about the initial capital at free disposal of the branch. Article 39c Granting of the authorisation 1. The competent authority of the Member State where the third country firm intends to establish its branch shall only grant the authorisation when the following conditions are met: (a) the competent authority is satisfied that conditions under Article 41 of Directive No .../... (EU) [new MiFID] are fulfilled; (b) the competent authority is satisfied that the branch of the third country firm will be able to comply with the provisions under paragraph 3. The third country firm shall be informed, within six months of the submission of a complete application, whether or not the authorisation has been granted. 2. The branch of the third country firm authorised in accordance with paragraph 1, shall comply with the obligations laid down in Articles 16, 17, 23, 24, 25, 27, 28(1) and 30 of this Regulation and in Articles 13 to 23 of Directive No .../... (EU) [new MiFID] and the measures adopted pursuant thereto and shall be subject to the supervision of the competent authority in the Member State where the authorisation was granted. Member States shall not impose any additional requirements on the organisation and operation of the branch in respect of the matters covered by this directive. Article 39d Provision of services in other Member States 1. A third country firm authorised in accordance with Article 43of Directive No .../... (EU) [new MiFID] shall be able to provide the services and activities covered under the authorisation in other Member States of the Union without the establishment of new branches. To this purpose, it shall communicate the following information to the competent authority of the Member State where the branch is established: (a) the Member State in which it intends to operate, (b) a programme of operations stating in particular the investment services or activities as well as the ancillary services which it intends to perform in that Member State. The competent authority of the Member State where the branch is established shall, within one month from receipt of the information, forward it to the competent authority of the host Member State designated as contact point in accordance with Article 83(1) of Directive No .../... (EU) [new MiFID]. The third country firm may then start to provide the service or the services concerned in the host Member States. In the event of a change in any of the particulars communicated in accordance with the first subparagraph, the third country firm shall give written notice of that change to the competent authority of the Member State where the branch is established at least one month before implementing the change. The competent authority of the Member State where the branch is established shall inform the competent authority of the host Member State of those changes. The firm shall remain subject to the supervision of the Member State where the branch is established in accordance with Article 43 of Directive No .../... (EU) [new MiFID]. 2. ESMA shall develop draft regulatory technical standards to determine: (a) the minimum content of the cooperation arrangements referred to in Article 41(1)(c) of Directive No .../... (EU) [new MiFID], so as to ensure that the competent authorities of the Member State granting an authorisation to a third country firm are able to exercise all their supervisory powers under this directive; (b) the detailed content of the programme of operation as required in Article 42, point b) of Directive No .../... (EU) [new MiFID]; (c) the content of the documents concerning the management of the branch as required in Article 42, point c) of Directive No .../... (EU) [new MiFID]; (d) the detailed content of information regarding the initial capital at free disposal of the branch as required under Article 42, point d) of Directive No .../... (EU) [new MiFID]. ESMA shall submit those draft regulatory technical standards to the Commission by [XXX]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) No 1095/2010. 3. ESMA shall develop draft implementing technical standards to determine standard forms, template and procedures for the provision of information and for the notification provided for in those paragraphs. ESMA shall submit those draft implementing technical standards to the Commission by [31 December 2016]. 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. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 40 concerning measures to define the conditions for the assessment of the sufficient initial capital at free disposal of the branch taking into account the investment services or activities provided by the branch and the type of clients to whom they should be provided. Section 1 b Registration and withdrawal of authorisations Article 39e Registration Member States shall register the firms authorised in accordance with Articles 41. The register shall be publicly accessible and shall contain information on the services or activities which the third country firms are authorised to provide. It shall be updated on a regular basis. Every authorisation shall be notified to the ESMA. ESMA shall establish a list of all third country firms authorised to provide services and activities in the Union. The list shall contain information on the services or activities for which the non- EU firm is authorised and it shall be updated on a regular basis. ESMA shall publish that list on its website and update it. Article 39f Withdrawal of authorisations The competent authority which granted an authorisation under Articles 43 may withdraw the authorisation issued to a third country firm where such a firm: (a) does not make use of the authorisation within 12 months, expressly renounces the authorisation or has provided no investment services or performed no investment activity for the preceding six months, unless the Member State concerned has provided for the authorisation to lapse in such cases; (b) has obtained the authorisation by making false statements or by any other irregular means; (c) no longer meets the conditions under which authorisation was granted; (d) has seriously and systematically infringed the provisions adopted pursuant to this Directive governing the operating conditions for investment firms and applicable to third country firms; (e) falls within any of the cases where national law, in respect of matters outside the scope of this Directive, provides for withdrawal. Every withdrawal of authorisation shall be notified to ESMA. The withdrawal shall be published on the list established in Article 45 for a period of 5 years.
2012/05/14
Committee: ECON
Amendment 815 #

2011/0296(COD)

Proposal for a regulation
Article 44 – subparagraph 1 a (new)
The following subparagraph shall be added to Article 1 of Regulation [EMIR]: "5a. The clearing obligation under Article 4 and the reporting obligation under Article 9 do not apply to derivative contracts to which a member of the ESCB is counterparty." (For the sake of clarity, the proposed amendment to Article 1 of [EMIR] Regulation is based on the compromise agreed by the European Parliament on 29 March 2012 in plenary in first reading ('the compromise') and not on the Commission's proposal of 15.9.2010, COM(2010)484 final ('the Commission's proposal).)
2012/05/14
Committee: ECON
Amendment 817 #

2011/0296(COD)

Proposal for a regulation
Article 44 a (new)
Article 44a Amendment of Regulation (EU) No 236/2012 of the European Parliament and of the Council on Short Selling and certain aspects of Credit Default Swaps Article 10 of the Regulation of the European Parliament and of the Council on Short Selling and certain aspects of Credit Default Swaps is amended as follows: ‘Articles 5, 6, 7, 8, 12 and 13 and Articles 18 to 29 shall apply to all natural and legal persons domiciled or established within the Union or in a third country.’
2012/05/14
Committee: ECON
Amendment 73 #

2011/0295(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) The prohibition to use inside information by issuing an order to acquire or dispose of the financial instruments to which the information relates applies irrespective of whether the order is acted upon or not. An order that is not accepted by the intermediary, trading venue or facility or that does not reach them, for example as a result of failed technology or controls, is still subject to the prohibition. The prohibition to engage in market manipulation applies irrespective of whether the transaction concerned is completed or not or the order concerned is acted upon or not. An order or transaction that is not accepted by the intermediary, trading venue or facility or that does not reach them, for example as a result of failed technology or controls, is still subject to the prohibition.
2012/05/11
Committee: ECON
Amendment 80 #

2011/0295(COD)

Proposal for a regulation
Recital 14 b (new)
(14 b) Market soundings consist in the questioning of one or more investors by market professionals, in advance of a non public possible future significant distribution or buy-back of securities, in which they are acting at the request of an issuer or seller, with a view to setting its terms and conditions. The ability to conduct such market soundings is important for the proper functioning of capital markets. However, care must be taken because of the risk of improper use of inside information that may be disclosed during the questioning. To ensure market soundings are conducted without compromising the integrity of the market, this Regulation should require market professionals to take appropriate measures to prevent improper communication of inside information and insider dealing.
2012/05/11
Committee: ECON
Amendment 92 #

2011/0295(COD)

Proposal for a regulation
Recital 19
(19) In order to complement the prohibition of market manipulation, this Regulation should include a prohibition against attempting to engage in market manipulation, given that failed attempts to manipulate the market should also be sanctioned. The attempt to engage in market manipulation should be distinguished from situations where behaviourSuch behaviour that does not have the desired effect on the price of a financial instrument. Such behaviour is considered to be market manipulation because it wais likely to give false or misleading signals.
2012/05/11
Committee: ECON
Amendment 93 #

2011/0295(COD)

Proposal for a regulation
Recital 20
(20) This Regulation should also clarify that engaging in market manipulation or attempting to engage in market manipulation in a financial instrument may take the form of using related financial instruments such as derivative instruments that are traded on another trading venue or over the counter.
2012/05/11
Committee: ECON
Amendment 99 #

2011/0295(COD)

Proposal for a regulation
Recital 22
(22) Manipulation or attempted manipulation of financial instruments may also consist in placing orders which may not be executed. Further, a financial instrument may be manipulated through behaviour which occurs outside a trading venue. Therefore, persons who professionally arrange or execute transactions and are required to have systems in place to detect and report suspicious transactions should also report suspicious orders and suspicious transactions that take place outside a trading venue.
2012/05/11
Committee: ECON
Amendment 100 #

2011/0295(COD)

Proposal for a regulation
Recital 23
(23) Manipulation or attempted manipulation of financial instruments may also consist in disseminating false or misleading information. The spreading of false or misleading information can have a significant impact on the prices of financial instruments in a relatively short period of time. It may consist in the invention of manifestly false information, but also the wilful omission of material facts, as well as the knowingly inaccurate reporting of information. This form of market manipulation is particularly harmful to investors, because it causes them to base their investment decisions on incorrect or distorted information. It is also harmful to issuers, because it reduces the trust in the available information related to them. A lack of market trust can in turn jeopardise an issuer's ability to issue new financial instruments or to secure credit from other market participants in order to finance its operations. Information spreads through the market place very quickly. As a result, the harm to investors and issuers may persist for a relatively long-time until the information is found to be false or misleading, and can be corrected by the issuer or those responsible for its dissemination. It is therefore necessary to qualify the spreading of false or misleading information, including rumours and false or misleading news, as being a breach of this Regulation. It is therefore appropriate not to allow those active in the financial markets to freely express information contrary to their own opinion or better judgement, which they know or should know to be false or misleading, to the detriment of investors and issuers.
2012/05/11
Committee: ECON
Amendment 102 #

2011/0295(COD)

Proposal for a regulation
Recital 25
(25) At times, where a financial institution is receiving emergency lending assistance, it may be in the best interest of financial stability for the disclosure of inside information to be delayed when the information is of systemic importance. It should therefore be possible for the competent authority to authorisdecide a delay in the disclosure of inside information.
2012/05/11
Committee: ECON
Amendment 103 #

2011/0295(COD)

Proposal for a regulation
Recital 25 a (new)
(25 a) In respect to financial institutions, notably where they are receiving central bank lending including emergency liquidity assistance, the assessment of whether the information is of systemic importance and whether a delay of disclosure is in the public interest should be made in close cooperation with the relevant central bank, the competent authority supervising the issuer and, as appropriate, the national macro- prudential authority.
2012/05/11
Committee: ECON
Amendment 124 #

2011/0295(COD)

Proposal for a regulation
Recital 39
(39) This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaty, notably the right to respect for private and family life, the right to the protection of personal data, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, the principles of legality and proportionality of criminal offences and penalties, and the right not to be tried or punished twice for the same offence. Limitations placed on these rights are in accordance with article 52(1) of the Charter as they are necessary to ensure the general interest objectives of the protection of investors and the integrity of financial markets, and appropriate safeguards are provided to ensure that rights are limited only to the extent necessary to meet these objectives and by measures that are proportionate to the objective to be met. In particular, reporting of suspicious transactions is necessary to ensure that competent authorities may detect and sanction market abuse. Prohibiting attempts to engage in market manipulation is necessary to enable competent authorities to sanction such attempts where they have evidence of intent to commit market manipulation, even in the absence ofMarket manipulations that have failed to produce an identifiable effect on market prices must be sanctioned. Access to data and telephone records is necessary to provide evidence and investigative leads on possible insider dealing or market manipulation, and therefore for the detection and sanctioning of market abuse. The conditions imposed by this Regulation ensure compliance with fundamental rights. Measures on whistleblowing are necessary to facilitate the detection of market abuse and to ensure the protection of the whistleblower and of the reported person, including the protection of their private life, personal data, and the right to be heard and to an effective remedy before a court. Introducing common minimum rules for administrative measures, sanctions and fines is necessary to ensure that comparable market abuse breaches are sanctioned in a comparable way and to ensure that sanctions imposed are proportionate to the breach. This Regulation does not in any way prevent Member States from applying their constitutional rules relating to freedom of the press and freedom of expression in the media and self-regulatory instruments which apply to journalistic professions.
2012/05/11
Committee: ECON
Amendment 150 #

2011/0295(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 1 a (new)
1a. 'financial institution' means an entity authorised to carry on any of the activities listed in Directive xx/xx/EU of the European Parliament and of the Council of [date] on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms and amending Directive 2002/87/EC of the European Parliament and of the Council on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate(*), Regulation (EU) No xx/xx of the European Parliament and of the Council of [date] on markets in financial instruments and amending Regulation [EMIR] on OTC derivatives, central counterparties and trade repositories(*), Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)(*), Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS)(*), Directive2003/41/EC of the European Parliament and of the Council of 3June 2003 on the activities and supervision of institutions for occupational retirement provision(*) as well as Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010(*). (*) OJ L [...].(*) OJ L [...].(*) OJ L [...].(*) OJ L 335, 17.12.2009, p. 1.(*) OJ L 302, 17.11.2009, p. 32.(*) OJ L 235, 23.9.2003, p. 10.(*) OJ L 174, 1.7.2011, p. 1.
2012/05/11
Committee: ECON
Amendment 156 #

2011/0295(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 19 a (new)
19a. "significant distribution" means an initial or a secondary offer of securities that is distinct from ordinary trading both in terms of the amount in value of the securities to be offered and the selling method to be employed.
2012/05/11
Committee: ECON
Amendment 161 #

2011/0295(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1a (new)
For the purposes of applying points 10 and 11 of the first subparagraph, ESMA shall develop draft regulatory standards to determine for each type of commodity contract what the terms "promptly delivered" refer to.
2012/05/11
Committee: ECON
Amendment 162 #

2011/0295(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1b (new)
This regulation does not apply to information which is disseminated for the purposes of journalism.
2012/05/11
Committee: ECON
Amendment 170 #

2011/0295(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) information not falling within paragraphs (a), (b), (c) or (d) relating to one or more issuers of financial instruments or to one or more financial instruments, which is not generally available to the public, but which, if it were available to a reasonable investor, who regularly deals on the market and in the financial instrument or a related spot commodity contract concerned, would be regarded by that person as relevant when deciding the terms on which transactions in the financial instrument or a related spot commodity contract should be effected.deleted
2012/05/11
Committee: ECON
Amendment 178 #

2011/0295(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3 a. For the purposes of applying point (b) of paragraph 1, ESMA shall develop draft regulatory standards to determine for each type of spot commodity market and commodity derivative the information required to be disclosed in accordance with legal or regulatory provisions at the Union or national level, market rules or customs.
2012/05/11
Committee: ECON
Amendment 182 #

2011/0295(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. For the purposes of this Regulation, insider dealings arises where a person possesses inside information and uses that information by issuing an order to acquire or dispose of, or by acquiring or disposing of, for his own account or for the account of a third party, either directly or indirectly, financial instruments to which that information relates. The use of inside information to cancel or amend an order concerning a financial instrument to which the information relates where the order was placed before the person concerned possessed the inside information, shall also be considered as insider dealing.
2012/05/11
Committee: ECON
Amendment 183 #

2011/0295(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. For the purposes of this Regulation, attempting to engage in insider dealing arises where a person possesses inside information and attempts to acquire or dispose of, for his own account or for the account of a third party, either directly or indirectly, financial instruments to which that information relates. The attempt to cancel or amend an order concerning a financial instrument to which the information relates on the basis of inside information where the order was placed before the person concerned possessed the inside information, shall also be considered an attempt to engage in insider dealing.deleted
2012/05/11
Committee: ECON
Amendment 192 #

2011/0295(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. Where the person referred to in paragraph 1 and 2 is a legal person, the provisions of those paragraphs shall also apply to the natural persons who possess inside information and who take part in or influence the decision to carry out, or attempt to carry out, the acquisition or disposal for the account of the legal person concerned.
2012/05/11
Committee: ECON
Amendment 204 #

2011/0295(COD)

Proposal for a regulation
Article 7 – paragraph 9
9. In relation to auctions of emission allowances or other auctioned products based thereon that are held pursuant to Regulation (No) 1031/2010, the prohibition under paragraph 1 shall also apply to the use of insideinsider dealing arises where a person possesses inside information and uses that information by submitting, modifying or withdrawing a bid for its own account of the person that possesses inside information or for the account of a third party.
2012/05/11
Committee: ECON
Amendment 218 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point b
(b) entering into a transaction, placing an order to trade or any other behaviour affecting, or likely to affect, the price of one or several financial instruments or a related spot commodity contract, which employs a fictitious device or any other form of deception or contrivance; or
2012/05/11
Committee: ECON
Amendment 221 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c – introductory part
(c) disseminating information through the media, including the Internet, or by any other means, which has, or is likely to have, the consequences referred to in subparagraph (a), where the person who made the dissemination knew, or ought to have known, that the information was false or misleading. When information is disseminated for the purposes of journalism, such dissemination of information shall be assessed taking into account the rules governing the freedom of the press and freedom of expression in other media, unless:
2012/05/11
Committee: ECON
Amendment 227 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. For the purposes of this Regulation, an attempt to engage in market manipulation shall comprise the following: (a) attempting to enter into a transaction, trying to place an order to trade or trying to engage in any other behaviour as defined in paragraph 1(a) or (b); or (b) attempting to disseminate information as defined in paragraph 1(c).deleted
2012/05/11
Committee: ECON
Amendment 242 #

2011/0295(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c – introductory part
(c) the sending of orders to a trading venue by means of algorithmic trading, including high frequency trading, without an intention to trade but for the purpose of:
2012/05/11
Committee: ECON
Amendment 259 #

2011/0295(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) engage or attempt to engage in insider dealing;
2012/05/11
Committee: ECON
Amendment 261 #

2011/0295(COD)

Proposal for a regulation
Article 10
A person shall not engage in market manipulation or attempt to engage in market manipulation.
2012/05/11
Committee: ECON
Amendment 267 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Any person professionally arranging or executing transactions in financial instruments shall have systems in place to detect and reporadopt and maintain effective arrangements and procedures to detect orders and transactions that might constitute insider dealing, market manipulation or an attempt to engage in market manipulation or insider dealing. If that person reasonably suspects that an order or transaction in any financial instrument, whether placed or executed on or outside a trading venue, might constitute insider dealing, market manipulation or an attempt to engage in market manipulation or insider dealing, the person shall notify the competent authority without delay.
2012/05/11
Committee: ECON
Amendment 270 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2 a. Member States shall ensure that competent authorities do not disclose to any person the identity of the person having notified these transactions, if disclosure would, or would be likely to harm the person having notified the transactions. This provision is without prejudice to the requirements of the enforcement and the sanctioning regimes under Directive 2003/6/EC and to the rules on transfer of personal data laid down in Directive 95/46/EC.
2012/05/11
Committee: ECON
Amendment 272 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 2 b (new)
2 b. The notification in good faith to the competent authority as referred to in Articles 7 to 10 shall not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and shall not involve the person notifying in liability of any kind related to such notification.
2012/05/11
Committee: ECON
Amendment 273 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 2 c (new)
2 c. A person in a professional capacity who intends to query one or more investors with a view to setting the terms of a possible future significant distribution or buy-back of securities in which it is acting at the request of an issuer or seller, shall maintain appropriate records of its queries. Prior to the query, should the information to be communicated be inside information, it shall obtain the investor's agreement to receive such information.
2012/05/11
Committee: ECON
Amendment 275 #

2011/0295(COD)

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 a (new)
The type of queries that are deemed to be carried out in the context of a possible future significant distribution or buy-back of securities on behalf of an issuer or seller and the recording arrangements that are appropriate to comply with the requirements established in paragraph 3.
2012/05/11
Committee: ECON
Amendment 280 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)
The first subparagraph shall not apply to an emission allowance market participant who has already made such disclosures in compliance with Regulation (EU) No 1227/2011 of the European Parliament and the Council on Wholesale Energy Market Integrity and Transparency.
2012/05/11
Committee: ECON
Amendment 283 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1 – introductory part
A competent authority may permit the delay bydecide that an issuer of a financial instrument of theshould delay public disclosure of inside information provided thatwhen the following conditions are satisfied:
2012/05/11
Committee: ECON
Amendment 286 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
That permisdecision shall be in writing. The competent authority shall ensure that the delay is only for such period as is necessary in the public interest.
2012/05/11
Committee: ECON
Amendment 287 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2 a (new)
The competent authority shall adopt the decision on its own initiative or on request from an issuer of financial instruments, and, with respect to financial institutions issuing financial instruments also on request of the relevant ESCB central bank, the authority supervising the issuer of financial instruments, or of the national macro-prudential authority.
2012/05/11
Committee: ECON
Amendment 288 #

2011/0295(COD)

Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 3
The competent authority shall at least once every week review whether the delay continues to be appropriate and shall revoke the authorisatits decision immediately if any of the conditions in points (a), (b) or (c) are no longer satisfied. With respect to financial institutions issuing financial instruments, the competent authority shall assess the fulfilment of the conditions in points (a), (b) or (c) in close cooperation with the relevant ESCB central bank, the authority supervising the issuer of financial instruments and, as appropriate, the national macro-prudential authority.
2012/05/11
Committee: ECON
Amendment 301 #

2011/0295(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1 a. Issuers referred to in paragraph 1 and persons acting on their behalf or for their account shall ensure when drawing such a list that any person on it acknowledges the legal and regulatory duties entailed and is aware of the sanctions attaching to the misuse or improper circulation of such information.
2012/05/11
Committee: ECON
Amendment 308 #

2011/0295(COD)

Proposal for a regulation
Article 13 – paragraph 3 a (new)
3 a. Lists of insiders shall be kept for five years after being drawn up or updated.
2012/05/11
Committee: ECON
Amendment 331 #

2011/0295(COD)

Proposal for a regulation
Article 15 a (new)
Article 15 a Article 15 shall not apply to information which is disseminated for the purposes of journalism.
2012/05/11
Committee: ECON
Amendment 125 #

2011/0288(COD)

Proposal for a regulation
Recital 27
(27) Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a proportionate deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time only where the delay places the annual budget discharge mechanism at risk, in accordance with the principle of proportionality.
2012/07/20
Committee: AGRI
Amendment 127 #

2011/0288(COD)

Proposal for a regulation
Recital 30
(30) The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform the necessary checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the general rules and principles to be followed by the Commission when carrying out checks, and the nature of the checks to be made by the Commission, to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations.
2012/07/20
Committee: AGRI
Amendment 128 #

2011/0288(COD)

Proposal for a regulation
Recital 31
(31) In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made, irrespectitaking into account the principle of proportionality, the level of the inspection carried out by Member States themselvesrust that there is on the reliability of national control and management systems, the overall performance of the national controls in the number of checks that the Commission needs to carry out, for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work.
2012/07/20
Committee: AGRI
Amendment 133 #

2011/0288(COD)

Proposal for a regulation
Recital 38
(38) Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of proportionate administrative penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks including the general principles and criteria applicable, the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well.
2012/07/20
Committee: AGRI
Amendment 143 #

2011/0288(COD)

Proposal for a regulation
Recital 50
(50) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose administrative penalties in the form of reduction or exclusion of support received under the CAP in whole or in part, in accordance with the principle of proportionality and taking into account the general criteria for the graduation of these penalties as defined in this Regulation.
2012/07/20
Committee: AGRI
Amendment 163 #

2011/0288(COD)

Proposal for a regulation
Recital 57
(57) The cross compliance system implies certain administrative constraints for both beneficiaries and national administrations since record keeping must be ensured, checks must be carried out and penalties have to be applied where necessary. Those penalties should be proportionate, risk- based, effective and dissuasive. Such penalties should be without prejudice to other penalties laid down under other provisions of Union or national law. For the sake of consistency, it is appropriate to merge the relevant Union provisions into one single legal instrument. For farmers participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP], the efforts to be made under the cross compliance system may be considered as exceeding the benefit of keeping those farmers under that system. For reasons of simplification, those farmers should therefore be exempted from the cross compliance and in particular from its control system and from the risk ofcontrol system and should only be subject to cross- compliance penalties. However, that exemption in cases of severe non-compliance with the statutory management requirements. However, the special treatment of those farmers as regards cross-compliance should be without prejudice to the obligation to respect the applicable provisions of the sectoral legislation and to the possibility to be checked and to be imposed penalties under that legislation. pursuant to controls independent from the Common Agricultural Policy.
2012/07/20
Committee: AGRI
Amendment 168 #

2011/0288(COD)

Proposal for a regulation
Recital 60
(60) An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non- compliance concerned have been remedied. Member States may also set up an early- warning system applicable to non-severe first non-compliances to achieve a better acceptance of the cross compliance system by farming communities and better involve farmers in the implementation of the requirements. This should take the form of a warning letter which shall be followed by remedial action by the beneficiary concerned and checked by the Member State in the following year.
2012/07/20
Committee: AGRI
Amendment 204 #

2011/0288(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
The certification body shall be a public or private audit body designa, selected by the Member State, which shall provide an opinion on the management declaration of assurance covering, drawn up in accordance with internationally accepted audit standards, following risk-based controls, and taking into account the past performance of the Member State, on the completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of its internalthe control system,s put in place as well as the legality and regularity of the underlying transactions, as well as the respect of the principle of sound financial management. This opinion shall state, inter alia, whether the examination puts in doubt the assertions made in the management declaration of assurance referred to in Article 7(3)(b).
2012/07/20
Committee: AGRI
Amendment 350 #

2011/0288(COD)

Proposal for a regulation
Article 44 – paragraph 1
Whenre sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the numbers of checks carried out under Article 61 and their outcome and where the Member States overrun that period, the Commission may suspend the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time, in accordance with the principle of proportionality, taking account of the extent of the delay and according to the detailed rules it has adopted on the basis of Article 48(5), the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time. In particular, the Commission shall clearly distinguish between a situation where the late submission of information places the annual budget discharge mechanism at risk, and a situation where such a risk does not exist.
2012/07/20
Committee: AGRI
Amendment 365 #

2011/0288(COD)

Proposal for a regulation
Article 50 – paragraph 3
3. Member States shall make available to the Commission all information about irregularities and suspected fraud cases detected, and about the steps taken to recover undue payments in connection with those irregularities and frauds pursuant to Section III of this Chapter.
2012/07/20
Committee: AGRI
Amendment 372 #

2011/0288(COD)

Proposal for a regulation
Article 54 – paragraph 2
2. The Commission shall assess the amounts to be excluded on the basis of the gravity of the non-conformity recorded. It shall take due account of the nature and gravity of the infringement and of the financial damage caused to the Unionamounts excluded shall be based on an assessment of the risk to the agricultural funds stemming from the infringement.
2012/07/20
Committee: AGRI
Amendment 375 #

2011/0288(COD)

Proposal for a regulation
Article 54 – paragraph 2 a (new)
2a. The Commission shall base its financial corrections on individual cases of irregularity identified, or by taking account of the systemic nature of the irregularity to determine whether an extrapolated or flat rate correction should be applied. Flat rate corrections shall only be applied where it is impossible, due to the nature of the case, to either identify the extent and amount of the irregularity found or to extrapolate the amount to be corrected.
2012/07/20
Committee: AGRI
Amendment 420 #

2011/0288(COD)

Proposal for a regulation
Article 61 – paragraph 1
1. The system set up by the Member States in accordance with Article 60(2) shall include, except where otherwise provided, systematic administrative checking of all aid applications and shall be supplemented by on-the-spot checid applications and payment claims by applying a risk- based approach according to the level of assurance that is required and shall be supplemented by on-the-spot checks whose purpose shall be to monitor the level of inherent risk and whose number shall be adjusted in the light of the inherent and control risks.
2012/07/20
Committee: AGRI
Amendment 424 #

2011/0288(COD)

Proposal for a regulation
Article 61 – paragraph 2
2. As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part and a risk-based part in order to obtain a representative error rate, while targeting also highest errorthe areas in which the risk of error is highest. To ensure that the checks are proportionate, account needs to be taken of factors including: – the size of the sums involved; – the outcome of earlier audits of the management and control systems; – voluntary participation in management schemes certified on the basis of recognised international standards.
2012/07/20
Committee: AGRI
Amendment 429 #

2011/0288(COD)

Proposal for a regulation
Article 61 – paragraph 4 a (new)
4a. Member States may reduce the level of on-the-spot checks where the error rate is at an acceptable level. The precise applicable conditions and rules shall be determined in delegated acts according to Article 64 of this regulation.
2012/07/20
Committee: AGRI
Amendment 433 #

2011/0288(COD)

Proposal for a regulation
Article 64 – paragraph 1 a (new)
In order to ensure correct and efficient application of the checks and that the verification of the eligibility conditions is carried out in and efficient, coherent and non-discriminatory way which protects the financial interest of the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 111, concerning the rules on the minimum level of on-the-spot checks necessary for an effective, proportionate and risk-based management of the risks, as well as the conditions under which Member States have to increase such checks, or may reduce them where the error rates are at an acceptable level including time limits by which the Commission shall respond to an indication that the Member State intends to reduce its on-the-spot checks;
2012/07/20
Committee: AGRI
Amendment 434 #

2011/0288(COD)

Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 – point b
(b) the rules on the minimum level of on- the-spot checks necessary for an effective management of the risks, as well as the conditions under which Member States have to increase such checks, or may reduce them where the management and control systems function properly and the error rates are at an acceptable level;deleted
2012/07/20
Committee: AGRI
Amendment 443 #

2011/0288(COD)

Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
The amount of the reduction of aid shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found and may go as far as total exclusion from one or several aid schemes or support measures for one or more calendar years.
2012/07/20
Committee: AGRI
Amendment 446 #

2011/0288(COD)

Proposal for a regulation
Article 65 – paragraph 3 a (new)
3a. The amounts concerned by the withdrawal referred to in paragraph 1a and by the administrative penalties referred to in paragraph 2 shall be graduated proportionately to the gravity and nature of the infringement found, according to the severity, extent, duration and reoccurrence of the non compliance found.
2012/07/20
Committee: AGRI
Amendment 457 #

2011/0288(COD)

Proposal for a regulation
Article 68 – paragraph 3 a (new)
3a. Member States shall make appropriate use of technology when setting up their integrated system.
2012/07/20
Committee: AGRI
Amendment 464 #

2011/0288(COD)

Proposal for a regulation
Article 70 – paragraph 2
2. Member States may set up decentralised databases on condition that these, and the administrative procedures for recording and accessing data, are designed homogeneously throughout the territory of the Member State and are compatible with one another in orderin such a way as to allow for cross- checks.
2012/07/20
Committee: AGRI
Amendment 477 #

2011/0288(COD)

Proposal for a regulation
Article 73 – paragraph 2 a (new)
2a. Member States may decide that an aid application or a payment claim that fulfils the requirements laid down in paragraph 1 is to remain valid for a number of years provided that beneficiaries concerned are under the obligation to report any change to the information they first submitted. The multiannual application shall however be conditional upon annual confirmation by the beneficiary.
2012/07/20
Committee: AGRI
Amendment 484 #

2011/0288(COD)

Proposal for a regulation
Article 75 – paragraph 1
1. In accordance with Article 61, Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks whose purpose shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk and whose number shall be adjusted in the light of the inherent and control risks.
2012/07/20
Committee: AGRI
Amendment 487 #

2011/0288(COD)

Proposal for a regulation
Article 75 – paragraph 2
2. For the purpose of on the spot checks Member States shall draw up a sampling plan of agricultural holdings and/or beneficiaries comprising a random part in order to obtain a representative error rate and a risk-based part enabling a primary focus on high-risk claims.
2012/07/20
Committee: AGRI
Amendment 541 #

2011/0288(COD)

Proposal for a regulation
Article 91 – paragraph 2 a (new)
2a. Member States may set up a warning system to allow non-compliant beneficiaries to remedy the irregularity before any administrative penalty is imposed. Where a Member State decides to make use of this option, the competent authority shall send an initial letter of warning to the beneficiary, notifying the finding and the obligation to take remedial action. The competent authority shall also take, in the following year, the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. Such warning system shall only be applicable in cases of first non- compliance which are not considered 'severe' and whose 'extent' is strictly limited to the farm of the beneficiary responsible for the non-compliance, according to the criteria as defined in Article 99a.
2012/07/20
Committee: AGRI
Amendment 562 #

2011/0288(COD)

Proposal for a regulation
Article 92 – paragraph 2
HoweverWithout prejudice to paragraph 2a, Article 91 shall not apply to beneficiaries participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP] and to the beneficiaries receiving aid under Article 29(9) of Regulation (EU) No RD/xxx.
2012/07/20
Committee: AGRI
Amendment 563 #

2011/0288(COD)

Proposal for a regulation
Article 92 – paragraph 2 a (new)
Member States shall however ensure that beneficiaries participating in the small farmers scheme as referred to in Title V of Regulation (EU) No xxx/xxx[DP] who are found in severe breach of their obligations under sectoral legislation related to their agricultural activity following national controls lose their right of participation in the small farmers scheme.
2012/07/20
Committee: AGRI
Amendment 616 #

2011/0288(COD)

Proposal for a regulation
Article 97 – paragraph 1 – subparagraph 1
TWithout prejudice to Article 91(2)(a), the penalty provided for in Article 91 shall be applied when the rules on cross compliance are not complied with at any time in a given calendar year (hereinafter referred to as ‘the calendar year concerned’), and the non-compliance in question is directly attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.
2012/07/20
Committee: AGRI
Amendment 633 #

2011/0288(COD)

Proposal for a regulation
Article 99 – paragraph 3
3. In the case of intentional'severe' non- compliance, the percentage of reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years.
2012/07/20
Committee: AGRI
Amendment 667 #

2011/0288(COD)

Proposal for a regulation
Article 110 – paragraph 3 – subparagraph 1
Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the measures concerned. To the extent possible, such information shall be based on established sources of data, such as Farm Accountancy Data Network and Eurostat.
2012/07/20
Committee: AGRI
Amendment 795 #

2011/0288(COD)

Proposal for a regulation
Recital 70 f
(70f) In order to observe a balance between the pursued objective of the public control of the use of the money from the EAGF and the EAFRD on the one hand and the beneficiaries’ right to respect for their private life in general and to protection of their personal data on the other hand, the importance of the aid should be taken into account. Following the extensive analysis and the consultation with the stakeholders it appeared that in order to reinforce the effectiveness of such publication and to limit the interference with the beneficiaries' rights, a threshold should be set up as regards the amount of aid received below which the name of the beneficiary should not be published.deleted
2012/10/18
Committee: AGRI
Amendment 797 #

2011/0288(COD)

Proposal for a regulation
Recital 70 g
(70g) The threshold should reflect and be based on the level of the support schemes set up within the framework of the CAP. As the structures of the Member States' agricultural economies vary considerably and may differ significantly from the average Union farm structure, the application of different minimum thresholds that reflect the particular situation of the Member States should be allowed. Regulation xxx/xxx [DP] sets out a simple and specific scheme for small farms. Article 49 of that Regulation lays down criteria for calculating the amount of aid. For reasons of consistency, those criteria should also be used for fixing specific thresholds per Member State for the publication of the name of a beneficiary. Except for the name, below that specific threshold the publication should contain all the relevant information in order to allow the taxpayers to have an accurate image of the CAP.deleted
2012/10/18
Committee: AGRI
Amendment 812 #

2011/0288(COD)

Proposal for a regulation
Article 110 b
Where the amount of aid received in one year by a beneficiary is equal or less than the amount fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx that Member State shall not publish the name of that beneficiary as provided for in point (a) of the first subparagraph of Article 110a(1) of this Regulation. The amounts fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx and notified to the Commission under that Regulation shall be made public by the Commission in accordance with the rules adopted under Article 110d. Where the first paragraph of this Article applies the Member States shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 110a(1) and the beneficiary shall be identified by a code. Member States shall decide on the form of that code.Article 110b deleted Threshold
2012/10/18
Committee: AGRI
Amendment 76 #

2011/0282(COD)

Proposal for a regulation
Recital 5
(5) To ensure the sustainable development of rural areas, it is necessary to focus on a limited number of core priorities relating to knowledge transfer and innovation in agriculture, forestry and rural areas, the competitiveness of all types of agriculture and farm viability, food chain organisation and risk management in agriculture, animal welfare improvements, restoring, preserving and enhancing ecosystems dependant on agriculture and forestry, resource efficiency and the shift towards a low carbon economy in the agricultural, food and forestry sectors, and promoting social inclusion, poverty reduction and the economic development of rural areas. In doing so account must be taken of the diversity of situations that affect rural areas with different characteristics or different categories of potential beneficiaries and the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation. Mitigation action should relate to both limiting emissions in agriculture and forestry from key activities such as livestock production, fertilizer use and to preserving the carbon sinks, and enhancing carbon sequestration with regard to land use, land use change and the forestry sector and promoting linkages between rural and urban areas for improved nutrient circuits. The Union priority for rural development relating to knowledge transfer and innovation in agriculture, forestry and rural areas should apply horizontally in relation to the other Union priorities for rural development.
2012/07/20
Committee: AGRI
Amendment 113 #

2011/0282(COD)

Proposal for a regulation
Recital 16
(16) Farm advisory services help farmers, forest holders and SMEs in rural areas to improve the sustainable management and overall performance of their holding or business. Therefore both the setting up of such services and the use of advice by farmers, forest holders and SMEs should be encouraged. In order to enhance the quality and effectiveness of the advice offered, provision should be made for the minimum qualifications and regular training of advisors. Farm advisory services, as provided for in Regulation of the European Parliament and of the Council (EU) No HR/2012 of […]14 should help farmers assess the performance of their agricultural holding and identify the necessary improvements as regards the statutory management requirements, good agricultural and environmental conditions, agricultural practices beneficial to the climate and the environment set out in Regulation of the European Parliament and of the Council (EU) No DP/2012 of […]15 , requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal disease notification and innovation at least as laid down in Annex I to Regulation (EU) No HR/2012. Where relevant, advice should also cover occupational safety standards. Advice may also cover issues linked to the economic, animal welfare related, agricultural and environmental performance of the holding or enterprise. Farm management and farm relief services should help farmers improve and facilitate management of their holding.
2012/07/20
Committee: AGRI
Amendment 195 #

2011/0282(COD)

Proposal for a regulation
Recital 51
(51) Rural development programmes should provide for innovative actions promoting a resource-efficient, productive and low-emission agricultural sector, with the support of the EIP for agricultural productivity and sustainability. The EIP should aim to promote a faster and wider transposition of innovative solutions into practice. The EIP should create added value by enhancing the uptake and effectiveness of innovation-related instruments and enhancing synergies between them. The EIP should fill gaps by better linking research and practical farming, facilitating a dialogue.
2012/07/20
Committee: AGRI
Amendment 381 #

2011/0282(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point a a (new)
(a a) ensuring access to quality food at affordable prices to all members of society, in accordance with article 39(e) of the TFEU
2012/07/24
Committee: AGRI
Amendment 442 #

2011/0282(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 6 – point a
(a) facilitating diversification, creation and transfer of ownership of new small enterprises and job creation;
2012/07/24
Committee: AGRI
Amendment 503 #

2011/0282(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d a (new)
(da) peri-urban agricultural areas;
2012/07/24
Committee: AGRI
Amendment 525 #

2011/0282(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d b (new)
(db) European Union agricultural product and foodstuff quality schemes, and quality schemes recognised by Member States;
2012/07/24
Committee: AGRI
Amendment 581 #

2011/0282(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point f
(f) in relation to local development, a specific description of the coordination mechanisms between the local development strategies, the measure co- operation referred to in Article 36, the measure basic services and village renewal in rural areas referred to in Article 21 and, the support for non-agricultural activities in rural areas under the measure farm and business development in rural areas referred to in Article 20 and the planned linkages between rural and urban areas for improved nutrient circuits;
2012/07/24
Committee: AGRI
Amendment 667 #

2011/0282(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and regular training to carry out this task and access to relevant information from the EIP network.
2012/07/24
Committee: AGRI
Amendment 685 #

2011/0282(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point a
(a) help farmers, forest holders and SMEs in rur, SMEs in rural areas and economic actors in agriculture related as well as social areas to benefit from the use of advisory services for the improvement of the economic, animal welfare related and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;
2012/07/24
Committee: AGRI
Amendment 790 #

2011/0282(COD)

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Support shall be granted as an annual incentive payment, the level of which shall be determined according to the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years. Support shall be paid annually on presentation of documents justifying the expenditure, but the producer shall make only one application for a five-year period.
2012/07/24
Committee: AGRI
Amendment 830 #

2011/0282(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) concern the processing, marketing and/or development of agricultural products covered by Annex I to the Treaty or cotton by agricultural and/or non- agricultural undertakings;. The output of the production process may be a product not covered by that Annex;
2012/07/24
Committee: AGRI
Amendment 914 #

2011/0282(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point a – introductory part
(a) business start-up, transfer and resumption aid for:
2012/07/24
Committee: AGRI
Amendment 1046 #

2011/0282(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point d
(d) investments in the setting-up, improvement or expansion of local basic services for the rural population, including crafts and leisure and culture activities, and the related infrastructure;
2012/07/24
Committee: AGRI
Amendment 1051 #

2011/0282(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point d a (new)
(d a) investments in programmes between farmers and local businesses to provide short supply chains to inhabitants, ensuring access to quality produce at affordable prices to all members of society
2012/07/24
Committee: AGRI
Amendment 1075 #

2011/0282(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2a. Support under this measure may also be extended to the development of non- agricultural economic activities contributing to fulfilling these objectives, particularly those involving micro- and small enterprises.
2012/07/25
Committee: AGRI
Amendment 1268 #

2011/0282(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
1a. Support can only be granted as set out in point 1(b) if it does not cause a breakdown in competition for undertakings which might contribute to achieving these objectives;
2012/07/25
Committee: AGRI
Amendment 1455 #

2011/0282(COD)

Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Areas other than those referred to in paragraphs 2 and 3 shall be eligible for payments under Article 32 if they are affected by specific constraints and where land management should be continued in order to conserve or improve the environment, maintain the countryside and preserve the tourist potential of the area or in order to protect the coastline or ensure the continuing viability of peri-urban agricultural areas.
2012/07/25
Committee: AGRI
Amendment 1531 #

2011/0282(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point h a (new)
(ha) promotion of linkages between rural and urban areas for improved nutrient circuits;
2012/07/25
Committee: AGRI
Amendment 1668 #

2011/0282(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point c
(c) demarcation with other measures, conversion to units other than those used in Annex I, calculation of transaction costs and conversion or adjustment of commitments under the agri-environment- climate measure referred to in Article 29, the organic farming measure referred to in Article 30, the animal welfare measure referred to in Article 34 and the forest- environmental and climate services and forest conservation measure referred to in Article 35;
2012/07/25
Committee: AGRI
Amendment 1689 #

2011/0282(COD)

Proposal for a regulation
Article 46 – paragraph 1
1. In order to be eligible for EAFRD support investment operations shall be preceded by an assessment of the expected environmental impact in accordance with legislation specific to that kind of investment where the investment is likely to have negative effects on the environment. Support shall not be granted for investments in rearing systems that are likely to have a detrimental effect on animal welfare.
2012/07/25
Committee: AGRI
Amendment 1764 #

2011/0282(COD)

Proposal for a regulation
Article 53 – paragraph 2 – point d a (new)
(d a) Establish a dialogue between farmers and the research community;
2012/07/26
Committee: AGRI
Amendment 2021 #

2011/0282(COD)

Proposal for a regulation
Article 73 – paragraph 3 a (new)
3a. The managing authority shall ensure that the aid granted complies with European competition rules and does not create any distortion of competition between identical activities carried out by agricultural and non-agricultural operators.
2012/07/26
Committee: AGRI
Amendment 2108 #

2011/0282(COD)

Proposal for a regulation
ANNEX III – Thematic sub-programme 1– point 2 a (new)
Participation in quality schemes for agricultural products and foodstuffs
2012/07/26
Committee: AGRI
Amendment 2109 #

2011/0282(COD)

Proposal for a regulation
ANNEX III – Thematic sub-programme 2– point 9 a (new)
- Schemes ensuring access to quality food at affordable prices for all members of society
2012/07/26
Committee: AGRI
Amendment 2111 #

2011/0282(COD)

Partnerships between primary producers and agricultural product processing firms, particularly micro- and small enterprises and craft firms
2012/07/26
Committee: AGRI
Amendment 2112 #

2011/0282(COD)

Proposal for a regulation
ANNEX III – Thematic sub-programme 4 – point 5 a (new)
- Schemes ensuring access to quality food at affordable prices for all members of society
2012/07/26
Committee: AGRI
Amendment 2114 #

2011/0282(COD)

Proposal for a regulation
ANNEX III – Thematic sub-programme 4 a (new)
Agriculture in peri-urban areas Payments to agricultural areas suffering the disadvantages of a peri-urban location (high land and labour costs; longer journeys owing to widely dispersed land parcels and farm buildings; traffic on roads and distance from upstream and downstream infrastructures; additional investments needed to deal with lower tolerance for disturbances) Investment in physical assets Development of farms (land, consolidation, etc.) and of upstream and downstream undertakings (which tend to abandon the area owing to pressure of constraints) Setting up of producer groups Leader
2012/07/26
Committee: AGRI
Amendment 2120 #

2011/0282(COD)

Proposal for a regulation
ANNEX III – Thematic sub-programme 4 a (new)
Quality schemes for agricultural products and foodstuffs Start-up aid to farms engaging in such schemes Investment in physical assets Knowledge transfer and information actions Advisory services, farm management and farm relief services Cooperation Investments in non-agricultural activities Setting up producer groups Leader
2012/07/26
Committee: AGRI
Amendment 451 #

2011/0281(COD)

Proposal for a regulation
Recital 16
(16) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances and that, ensures equal access to goods and equal treatment of purchasers and enables produce to be made available for the scheme for food distribution to the most deprived in the Union.
2012/07/19
Committee: AGRI
Amendment 456 #

2011/0281(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that private storage has the desired effect on the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity; and conditions for granting of an advance payment and conditions for re-marketing and disposal of products including making them available for the scheme for food distribution to the most deprived in the Union.
2012/07/19
Committee: AGRI
Amendment 459 #

2011/0281(COD)

Proposal for a regulation
Recital 24
(24) The existing scheme for food distribution to the most deprived in the Union adopted under the common agricultural policy should be the subject of a separshould continue, under the appropriate rlegulation adoptedal base to reflect its social cohesion objectives and to enable it to contribute to the Europe 2020 target to reduce poverty in the Union. Provision should nevertheless be made in this Regulation to allow for disposal of products held in public intervention and private storage by making them available for use in the scheme.
2012/07/19
Committee: AGRI
Amendment 529 #

2011/0281(COD)

Proposal for a regulation
Recital 94
(94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market, without disrupting the markets of developing countries. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.
2012/07/19
Committee: AGRI
Amendment 545 #

2011/0281(COD)

Proposal for a regulation
Recital 107
(107) Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity and should not jeopardize the development of developing countries' agricultural sectors and economies.
2012/07/19
Committee: AGRI
Amendment 733 #

2011/0281(COD)

Proposal for a regulation
Article 15 – paragraph 2
Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
2012/07/19
Committee: AGRI
Amendment 877 #

2011/0281(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point i
(i) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of, disposed of or made available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No [...];
2012/07/20
Committee: AGRI
Amendment 1737 #

2011/0281(COD)

Proposal for a regulation
Article 108 – paragraph 1 – point c – point x
(x) encouraging healthy consumption of the products and moderate and responsible consumption of wine and alcohols and informing about the harm linked to hazardous consumption patterns;
2012/07/25
Committee: AGRI
Amendment 1945 #

2011/0281(COD)

Proposal for a regulation
Article 133 – paragraph 1 – introductory part
1. To the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty, and while respecting the principals laid down in article 3 (5) of the Treaty of the European Union, the difference between those quotations or prices and prices in the Union may be covered by export refunds for:
2012/07/25
Committee: AGRI
Amendment 201 #

2011/0280(COD)

Proposal for a regulation
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90% of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the Union average. In addition, all payment entitlements activated in 20219 in a Member State or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distribution of direct support across the European Union during that period.
2012/07/18
Committee: AGRI
Amendment 218 #

2011/0280(COD)

Proposal for a regulation
Recital 22
(22) The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve, at least in the first year of implementing the new basic payment scheme, a national reserve which can be administered regionally that should be used to facilitate the participation of young new farmers and new entrants in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.
2012/07/18
Committee: AGRI
Amendment 221 #

2011/0280(COD)

Proposal for a regulation
Recital 23
(23) In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in either 2009, 2010 or 2011.
2012/07/18
Committee: AGRI
Amendment 228 #

2011/0280(COD)

Proposal for a regulation
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory ‘greening’ component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part30% of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for three compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practisces should take the form of simple, generalised, non-contractual andequivalent, tailor-made annual actions that go beyond cross- compliance and are linked to agriculturenational and/or regional agricultural conditions such as crop diversification, maintenance of permanent grassland and, ecological focus areas. The compulsory nature of t, nutrient management plan, on-farm energy-efficiency plan and winter soil cover. Those practisces should also concern farmers whose holdings are fully or partly situated in ‘Natura 2000’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the ‘greening’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. The same applies to farmers who comply with the requirements of independently approved national or regional certified schemes beneficial to the environment and climate. Non-respect of the "greening" component should lead to penalties, as the maximum applicable administrative sanction, to the total exclusion of the farmer concerned from aid receivable under this component on the basis of Article 65 of Regulation (EU) No [...] [HZR].
2012/07/18
Committee: AGRI
Amendment 249 #

2011/0280(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) In order to ensure that the 'greening' measures chosen by Member States applicable in their territory provide equivalent benefits for the environment and the climate, Member States shall choose three relevant measures from a list of six possible measures determined at EU level, and they shall obtain the approval of their choice by the Commission within two months after their notification.
2012/07/18
Committee: AGRI
Amendment 266 #

2011/0280(COD)

Proposal for a regulation
Recital 29 a (new)
(29a) In order to ensure that nutrient management plans provide full records and an optimisation of the nutrient use and fertilisers application by farmers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of further rules concerning the application of the measure.
2012/07/18
Committee: AGRI
Amendment 267 #

2011/0280(COD)

Proposal for a regulation
Recital 29 b (new)
(29b) In order to ensure that energy efficiency plans guarantee an optimisation of farmers' use of energy and minimise recourse to fossil fuels on farms, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of further rules concerning the application of the measure.
2012/07/18
Committee: AGRI
Amendment 268 #

2011/0280(COD)

Proposal for a regulation
Recital 29 c (new)
(29c) In order to ensure that winter soil cover is provided while maximising the benefits for the environment and the climate of this measure, Member States should determine the dates applicable for creation and destruction of the cover that best suit their territory, and the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of further rules concerning the application of the measure.
2012/07/18
Committee: AGRI
Amendment 275 #

2011/0280(COD)

Proposal for a regulation
Recital 31
(31) The creation and development of new economic activity in the agricultural sector by young farmers and other new entrants is financially challenging and constitutes an element that should be considered in the allocation and targeting of direct payments. This development is essential for the competitiveness of the agricultural sector in the Union and, for that reason, an income support to young farmers and new entrants commencing their agricultural activities should be established in order to facilitate the initial establishment of young farmers and new entrants and the structural adjustment of their holdings after the initial setting up. Member States should be able to use part of their national ceilings for direct payments to grant an annual area- based payment, on top of the basic payment, to young farmers and new entrants. That payment should only be granted during a period of maximum five years, since it should only cover the initial period of the life of the business and should not become an operating aid.
2012/07/18
Committee: AGRI
Amendment 570 #

2011/0280(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) the annual amount of direct payments is less than 5 % of the total receipts they obtained from non-agricultural activities in the most recent fiscal year; ordeleted
2012/07/19
Committee: AGRI
Amendment 612 #

2011/0280(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
(b a) they satisfy objective and non- discriminatory criteria established by Member States which ensure that: (i) their agricultural activities form only an insignificant part of his/its overall economic activities, and/or (ii) their principal activity or company object does not consist in exercising an agricultural activity; and/or,
2012/07/19
Committee: AGRI
Amendment 625 #

2011/0280(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b b (new)
(b b) they operate, as their main activity, transport activities, airports, real estate companies, sport and recreational grounds, camping sites, mining companies or other non-agricultural activities to be defined accordingly by Member States on the basis of objective and non-discriminatory criteria. Member States may decide that those persons can claim to be eligible if they can provide verifiable evidence that they do not fall under the categories described in (b) and (ba); Member States may add other entities to and/or exclude entities of the ones listed above provided they inform the Commission of their decision and provide objective and non-discriminatory grounds of justification motivating their decision.
2012/07/19
Committee: AGRI
Amendment 649 #

2011/0280(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Paragraph 1 shallMember States may decide not to apply Paragraph 1 to farmers who received less than EUR 5 000 of direct payments for the previous year.
2012/07/19
Committee: AGRI
Amendment 769 #

2011/0280(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1 a. Paragraph 1 shall not apply in respect of cooperatives or other legal entities including non-profit organisations whose constitutional purpose is to actively protect and manage land and/or the historic environment for conservation and public benefit, which group a number of beneficiaries of direct payments or farm holdings and which receive and channel the payments before distributing them in full to their members or farm holdings, who, as individuals, are subject to paragraph 1 or would be subject where a Member State chooses to recognise a group of holdings as individual and separate businesses for the purpose of this Regulation.
2012/07/19
Committee: AGRI
Amendment 803 #

2011/0280(COD)

Proposal for a regulation
Article 12 – paragraph 1
The area corresponding to the number of eligible hectares in respect of which an application for a basic paymenProvided the respective eligibility requirements are met, it shasll been submitted by a farmer pursuant to Chapter 1 of Title III may be the subject of an applic permissible for a farmer to receive direct payments under this Regulation forwhile any other direct payment as well as forclaimant receives any other aid not covered by this Regulation, save as explicitly provided otherwise in this Regulation on the same eligible hectares.
2012/07/19
Committee: AGRI
Amendment 1257 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. FarmersMember States shall grant an annual payment for agricultural practices beneficial for the climate and the environment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1 shallwhen they observe on their eligible hectares as defined in Article 25(2) three of the following agricultural practises beneficial for the climate and the environment: ces:
2012/07/23
Committee: AGRI
Amendment 1346 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
(c a) to have a nutrient management plan on their holding.
2012/07/23
Committee: AGRI
Amendment 1357 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
(c b) to have an on-farm energy efficiency plan on their holding.
2012/07/23
Committee: AGRI
Amendment 1361 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
(c c) to ensure winter soil cover of their agricultural area.
2012/07/23
Committee: AGRI
Amendment 1381 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1 a. Member States shall choose the set of three measures from the list established in paragraph 1 that farmers will observe in their territory. Members States using the possibility to apply the basic payment scheme at regional level pursuant to Article 20(1) of this Regulation may choose to implement a different set of measures in different regions, according to regional practices and climate conditions, following objective and non- discriminatory criteria. Member States shall notify their decision to the Commission before 1 August 2013. The Commission shall approve the set of measures chosen by Member States taking into account equivalent environmental and climate performance criteria and the balance achieved between the measures chosen under this chapter and agri- environment-climate programmes established pursuant to Article 29 of Regulation (EU) N° [...] [RDR]. Where the Commission disagrees with the set of measures notified by a Member State, the Member State's competent authorities and the Commission services are invited to exchange information and reasons justifying their respective position aiming at finding a conciliatory solution. If the Commission considers, after two months from the date of the initial notification, that the set of measures chosen in the Member State does not meet sufficient and equivalent level of environmental and climate protection, it may decide to impose on the Member State the measures listed in Articles 30, 31 and 32 as the set of measures applicable thereafter in this Member State.
2012/07/23
Committee: AGRI
Amendment 1398 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No [...] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the three practisces referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31, 32, 32a, 32b and/or 32.c.
2012/07/23
Committee: AGRI
Amendment 1421 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they fall within at least one of the following categories: - Farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming shall be entitled ipso facto to the paym. - Farmers complying with the requirements laid down in independently referred to in this Chaptercognised certified national or regional schemes providing environmental and climate benefits.
2012/07/23
Committee: AGRI
Amendment 1455 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007 or are covered by the national or regional certification scheme beneficial to the environment and climate.
2012/07/23
Committee: AGRI
Amendment 1468 #

2011/0280(COD)

Proposal for a regulation
Article 29 – paragraph 4 a (new)
4 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 in order to further define the conditions to apply subparagraph 2 in relation to the certification schemes referred to in subparagraph 1 with the objective of guaranteeing that they provide at least equivalent environmental and climate benefits as the measures laid down in Articles 30, 31, 32, 32a, 32b and 32c.
2012/07/23
Committee: AGRI
Amendment 1567 #

2011/0280(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1 a. By way of derogation from Paragraph 1, farmers with at least 70% of permanent grassland on their holding shall be considered as complying with the crop diversification requirements for the purpose of this Article.
2012/07/23
Committee: AGRI
Amendment 1571 #

2011/0280(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1 a. By way of derogation from Paragraph 1, farmers cultivating non-cereal break crops on at least 25% and up to 70% of the arable land on their holding shall be considered as complying with the crop diversification requirements for the purpose of this Article. 'Break crop' shall mean, for the purpose of this Article, one of the following: oilseed or oleaginous fruits, protein crops, flax, hemp, vegetables, grassland and fallow.
2012/07/23
Committee: AGRI
Amendment 1627 #

2011/0280(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Farmers are allowed to renew their permanent grassland. For the purpose of this paragraph, "permanent grassland" means land as defined in Article 4(1)(h) which has not been included in the crop rotation of the holding for ten years or longer.
2012/07/24
Committee: AGRI
Amendment 1663 #

2011/0280(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.
2012/07/24
Committee: AGRI
Amendment 1803 #

2011/0280(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Nutrient management plan 1. Farmers shall, on an annual basis, draw up a nutrient management plan on areas of their holding eligible for support as defined in Article 25(2). This shall consist of a farm record sheet and a field record sheet which include at least: - An up-to-date soil analysis report of all eligible areas of the holding, - A nutrient analysis of all the organic manure to be used on the holding in the year and their quantification, - An optimisation plan setting out the intended utilisation of fertilisers and their precise application, - Calibration and tray tests of fertiliser spreaders and sprayers to ensure precision application, The nutrient management plan shall be drawn up on the basis of the analysis above and the balance between the requirement of the crop and the nutrient supply to crops from soil and fertilization and shall include targets to optimise nutrient and fertiliser use and reduce nitrogen leaching and run-off. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the conditions and rules applying to the content of the farm and field records sheets that farmers shall complete to record and optimise their nutrient use and planning.
2012/07/24
Committee: AGRI
Amendment 1809 #

2011/0280(COD)

Proposal for a regulation
Article 32 b (new)
Article 32 b Farm energy efficiency plan 1. Farmers shall, on an annual basis, carry out an independent audit of all energy and fuels use on their holding and draw up an on-farm energy efficiency plan in order to optimise the efficient use of all energy and fuels on the holding. The plan shall consist of a farm record sheet including targets to reduce energy and fuel consumption and comprising at least the following elements: - detailed and up-to-date record keeping of on-farm energy supplies and - fuel consumption - A plan for the optimisation of the energy efficiency and insulation of all existing and new buildings, equipment and machinery on the holding, including smart meters and thermostat control for electricity, gas and hot water consumption, as well as other energy efficient appliances such as low energy lighting and refrigerating systems and automatic lighting control systems 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the conditions and rules applying to the content of the farm energy efficiency plan that farmers shall implement to optimise their use of energy and minimise recourse to fossil fuels.
2012/07/24
Committee: AGRI
Amendment 1814 #

2011/0280(COD)

Proposal for a regulation
Article 32 c (new)
Article 32 c Winter soil cover 1. Farmers shall ensure that their eligible hectares as defined in Article 25(2) that would otherwise remain bare during winter are covered by a temporary plant cover according to the following conditions: - The soil cover may include grasses, natural vegetation, small grains and catch crops, leguminous and cruciferous crops, clover, and stubble, - Land stewardship elements and landscape features left bare are included in the soil cover measure to the extent that they are compatible with the objectives pursued under agri-environment-climate measures taken pursuant to Article 29 of Regulation (EU) N° [...] [RDR], - The soil is covered for a period determined by the Member State according to soil type and climate conditions, and the soil cover is destroyed at the appropriate time as determined by the Member State to ensure maximum environment and climate benefits, pursuant to Subparagraph 2. Market gardens, plant nurseries and forestry land shall be exempted from soil cover requirements, 2. Member States applying this Article shall determine the dates for creation and destruction of the soil cover, taking into account soil type and climate conditions. They shall notify the dates applicable to the Commission in due time. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the conditions and rules applying to the soil cover requirements as set out in paragraph 1, including specific rules applicable to late harvested crops.
2012/07/24
Committee: AGRI
Amendment 1905 #

2011/0280(COD)

Proposal for a regulation
Title 3 – chapter 4 – title
Payment for young farmers and new entrants
2012/07/24
Committee: AGRI
Amendment 1929 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers and new entrants who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
2012/07/24
Committee: AGRI
Amendment 1938 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 2 – introductory part
2. For the purposes of this Chapter, ‘young farmers’ and 'new entrants', shall mean:
2012/07/24
Committee: AGRI
Amendment 1952 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point b
(b) in the case of 'young farmers' only, who are less than 40 years of age at the moment of submitting the application referred to in point (a).
2012/07/24
Committee: AGRI
Amendment 1960 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 2 a (new)
2a. Member States may determine certain additional objective and non- discriminatory criteria that young farmers and/or new entrants shall fulfil as regards, in particular, appropriate skills, experience and/or training requirements.
2012/07/24
Committee: AGRI
Amendment 1962 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 2 b (new)
2b. Member States shall ensure that no payment pursuant to this chapter is made to persons for whom it is established, as from the date of publication of the Commission proposal for this Regulation, they artificially created the conditions to be entitled to the payment referred to in paragraph 1.
2012/07/24
Committee: AGRI
Amendment 1969 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 1
Member States shall calculate each year the amount of the payment referred to in paragraph 1 by multiplying a figure corresponding to 25 % of the average value of the payment entitlements held by the farmerin that Member State or region by the number of entitlements the farmer has activated in accordance with Article 26(1).
2012/07/24
Committee: AGRI
Amendment 1975 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – introductory part
When applying the first subparagraph, Member States shall respect the following maximummay choose to limits in the number of activated payment entitlements that are to be taken into account:
2012/07/24
Committee: AGRI
Amendment 1983 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – point a
(a) in Member States where the average size of agricultural holdings as set out in Annex VI is lower than, or equal to, 25 hectares, a maximum of 25;deleted
2012/07/24
Committee: AGRI
Amendment 1987 #

2011/0280(COD)

Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – point b
(b) in Member States where the average size of agricultural holdings as set out in Annex VI is higher than 25 hectares, a maximum that shall be no less that 25 and no greater than that average size.deleted
2012/07/24
Committee: AGRI
Amendment 2265 #

2011/0280(COD)

Proposal for a regulation
Article 50 – paragraph 1 – point a
(a) keep at least a number of hectares corresponding to the number of entitlements heldincrease their farming area to at least a total of 5 hectares;
2012/07/25
Committee: AGRI
Amendment 18 #

2011/0261(CNS)

Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 113 and 136 thereof,
2012/03/08
Committee: ECON
Amendment 29 #

2011/0261(CNS)

Proposal for a directive
Recital 2
(2) In order to prevent distortions through measures taken unilaterally by Member States, bearing in mind the extremely high mobility of most of the relevant financial transactions, and thus to ensure the proper functioning of the internal market, it is important that the basic features of a FTT in the Member States are harmonised at Union level. Incentives for tax arbitrage in the Union and allocation distortions between financial markets in the Union, as well as possibilities for double or non taxation should thereby be avoided. If there are difficulties introducing the FTT in the Union, the Commission could initiate, within a reasonable timeframe, the enhanced cooperation procedure in cooperation with the Council, pursuant to Article 20 of the Treaty on European Union or, as an alternative, propose that this tax should only apply within the euro area, pursuant to Article 136 of the Treaty on Functioning of the European Union.
2012/03/08
Committee: ECON
Amendment 67 #

2011/0261(CNS)

Proposal for a directive
Recital 18
(18) Since the objective of this Directive, namely to harmonise the essential features of a FTT at Union level, cannot be sufficiently achieved by the Member States and can therefore, by reason of ensuring the proper functioning of the Single Market, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objto achieve that objective. It may also be implemented in the euro area or under the enhanced cooperation procedure, pursuant to Article 136 of the Treaty on Functioning of the European Union or Article 20 of the Treaty on European Union, respectively,
2012/03/08
Committee: ECON
Amendment 39 #

2011/0203(COD)

Proposal for a directive
Recital 3
(3) The general prudential requirements laid down in Regulation [inserted by OP(EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] are supplemented by individual arrangements to be decided by the competent authorities as a result of their ongoing supervisory review of each individual credit institution and investment firm. The range of such supervisory arrangements should be set out in this Directive and the competent authorities should be able to exert their judgment as to which arrangements should be imposed. With regard to such individual arrangements concerning liquidity, competent authorities should take into account the principles set out in the guidelines on liquidity published by the Committee of European Banking Supervisors18 .
2012/03/07
Committee: ECON
Amendment 81 #

2011/0203(COD)

Proposal for a directive
Article 2 – paragraph 3 a (new)
3a. EBA shall develop draft regulatory technical standards to further define the criteria for including an institution on the list in paragraph 3 and for the types of cases that can be covered by national legislation as referred to in Article 3(2). Power is delegated to the Commission to adopt the draft regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
2012/03/07
Committee: ECON
Amendment 105 #

2011/0203(COD)

Proposal for a directive
Article 8
The competent authorities in one Member State shall, in the exercise of their general duties, duly consider the potential impact of their decisions on the stability of the financial system in all other Member States concerned and, in particular, in emergency situations, based on the information available at the relevant time taking into account the need to improve the functioning of the internal market and to enhance the integration of European financial markets.
2012/03/07
Committee: ECON
Amendment 153 #

2011/0203(COD)

Proposal for a directive
Article 64 – point j a (new)
(ja) to remove one or more members of the management body, where they do not fulfil the requirements imposed under Article 87.
2012/03/07
Committee: ECON
Amendment 158 #

2011/0203(COD)

Proposal for a directive
Article 67 – paragraph 1 – point m a (new)
(ma) an institution has been found liable for a serious infringement of the national provisions adopted pursuant to Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
2012/03/07
Committee: ECON
Amendment 163 #

2011/0203(COD)

Proposal for a directive
Article 67 – paragraph 2 – point g a (new)
(ga) an institution has been found liable for a serious infringement of the national provisions adopted pursuant to Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing.
2012/03/07
Committee: ECON
Amendment 168 #

2011/0203(COD)

Proposal for a directive
Article 68 a (new)
Article 68 a Information sharing for sanctions Where a competent authority of a Member State applies an administrative sanction under Article 66(2) and 67(2) to a legal person it shall notify EBA of that sanction and the circumstances under which it was applied. EBA shall monitor and maintain a list of legal persons to whom a sanction has been applied, for the duration that sanction is applicable. When a competent authority assesses the good repute of persons referred to under Articles 13(1), 87 (1) and 115, they shall check for relevant information relating to sanctions with EBA. EBA shall inform them if those persons are currently recorded on their list. EBA shall cooperate in any development of international lists.
2012/03/07
Committee: ECON
Amendment 194 #

2011/0203(COD)

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
3. Competent authorities shall ensure that institutions establish a risk committee composed of members of the management body who do not perform any executive function in the institution concerned. Members of the risk committee shall have appropriate knowledge, skills and expertise to fully understand and monitor the risk strategy and the risk appetite of the institution. The risk committee may also deal with other related issues.
2012/03/07
Committee: ECON
Amendment 245 #

2011/0203(COD)

Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point c
(c) the chairman of the management body in its supervisory function of an institution shall not exercise simultaneously the functions of a chief executive officer within the same institution,: (i) unless the chief executive officer is the only executive officer to belong to the management body in its supervisory function, and a non executive director of the management body in its supervisory function is in charge of corporate governance; (ii) unless justified and authorised by competent authorities.
2012/03/07
Committee: ECON
Amendment 341 #

2011/0203(COD)

Proposal for a directive
Article 88 – paragraph 2 – point f a (new)
(fa) no member of the management body shall be involved in deciding his or her own remuneration package.
2012/03/07
Committee: ECON
Amendment 450 #

2011/0203(COD)

Proposal for a directive
Article 122 a (new)
Article 122a As a tool to prevent excessive deleveraging and encourage lending to the real economy during periods of economic downturn for macro-prudential benefit, EBA should define criteria enabling Member States to impose ring- fencing to establish minimum capital requirements applicable to portfolios of SME loans, trade finance or other specific lending activities of critical significance to economic growth.
2012/03/07
Committee: ECON
Amendment 545 #

2011/0203(COD)

Proposal for a directive
Article 150 – paragraph 4 a (new)
4a. By 31 December 2014, EBA shall review and report on the application of the provisions in this Directive and Regulation (EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms], on the cooperation of the Union and Member States with third countries. That review shall identify any lacunae and assess the areas which require further development as regards cooperation, information sharing and reciprocity arrangements, including enforcement of supervisory rules in third countries. EBA shall also assess the need to further develop cooperation agreements between Member States and EBA on the one hand and international financial institutions or bodies such as the IMF or the Financial Stability Board on the other hand. The Commission shall examine the assessment contained in the EBA report to determine whether legislative proposals are necessary.
2012/03/07
Committee: ECON
Amendment 547 #

2011/0203(COD)

Proposal for a directive
Article 150 – paragraph 4 b (new)
4b. Upon receiving a mandate from the Commission, EBA shall explore whether financial sector entities which declare that they carry out their activities in accordance with Islamic banking principles are adequately covered by the provisions of this Directive and Regulation (EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms]. The Commission shall review the report prepared by EBA and if appropriate submit a legislative proposal to the European Parliament and the Council.
2012/03/07
Committee: ECON
Amendment 548 #

2011/0203(COD)

Proposal for a directive
Article 150 a (new)
Article 150a Safeguard clause EBA shall regularly assess the implementation by third country jurisdictions of the commitments undertaken in the context of the Basel Committee. The European Parliament and the Council shall be informed of the results of the assessment. On the basis of this assessment, the Commission and EBA may, upon a motivated request from a Member State, a competent authority, the European Parliament, the Council or on its own initiative, take appropriate measures in order to adjust to the level of global competition. This can include the suspension of the requirements of this Directive. In response to progress made by the third country jurisdictions concerned in fulfilling their commitments, the Commission may adapt the measures as appropriate. The Commission will inform the Council and the European Parliament in good time before revoking safeguard measures, and it will duly take into account any observations of the Council and the European Parliament in this respect.
2012/03/07
Committee: ECON
Amendment 141 #

2011/0202(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) As stated in the de Larosière report, "a Member State should be able to adopt more stringent national regulatory measures considered to be domestically appropriate for safeguarding financial stability as long as the principles of the internal market and agreed minimum core standards are respected";
2012/03/07
Committee: ECON
Amendment 270 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) The parent institution monitors and has oversight at all times over the liquidity positions of all institutions, including their branches, within the group or sub-group, that are subject to the waiver;
2012/03/07
Committee: ECON
Amendment 275 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) The institutions have entered into contracts to the satisfaction of competent authorities that provide for the free movement of funds between them to enable them to meet their individual and joint obligations as they come due;
2012/03/07
Committee: ECON
Amendment 277 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) There areis no current or foreseen material practical or legal impediment to the fulfilment of the contracts referred to in (c).
2012/03/07
Committee: ECON
Amendment 281 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
By 31 December 2012 the Commission shall report to the European Parliament and the Council on any legal obstacles to the application of point (c) of the first subparagraph and shall make appropriate legislative proposals for the removal of those obstacles by 31 December 2014.
2012/03/07
Committee: ECON
Amendment 285 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – introductory part
Where institutions of the single liquidity sub-group are authorised, or branches of a single liquidity sub-group are operated, in several Member States, paragraph 1 shall only be applied after following the procedure laid down in Article 19 and only to the institutions whose competent authorities agree about the following elements:
2012/03/07
Committee: ECON
Amendment 287 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point a
(a) the adequacy of the organisation and the treatment of liquidity risk as required by Article 84 of Directive [inserted by OP]2012/.../EU of the European Parliament and of the Council of ... [on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms] to the prospective liquidity sub-group;
2012/03/07
Committee: ECON
Amendment 290 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point b
(b) the distribution of amounts, location and ownership of the required liquid assets to be held within the liquidity sub-group;
2012/03/07
Committee: ECON
Amendment 293 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point d
(d) the need for stricter parameters than those set out in Part Six, Title III.deleted
2012/03/07
Committee: ECON
Amendment 297 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Competent authorities may also apply paragraph 1 also to institutions which that are members of the same institutional protection scheme referred to in 108(7)(b), provided that they meet all the conditions laid down in Article 108(7) therein, and to other institutions linked by a relationship referred to in Article 108(6) provided that they meet all the conditions laid down therein. Competent authorities shall in that case determine one of the institutions subject to the waiver to meet Article 401 on the basis of the consolidated situation of all institutions of the single liquidity sub-group.
2012/03/07
Committee: ECON
Amendment 301 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Where a waiver has been granted under paragraph 1, the competent authorities mayshall also waive the application of Article 403.
2012/03/07
Committee: ECON
Amendment 302 #

2011/0202(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3a. Where a waiver has been granted under paragraph 1, the competent authorities may also apply Article 84 of Directive 2012/.../EU of the European Parliament and of the Council of ... [on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms], or parts thereof, applies at the level of the single liquidity group and waive the application of Article 84 of the same Directive, or parts thereof, on the individual basis.
2012/03/07
Committee: ECON
Amendment 468 #

2011/0202(COD)

Proposal for a regulation
Article 46 – paragraph 3 – point b – introductory part
(b) where an institution referred to in Article 25 has a holding in another such institution, or in its central or regional credit institution, or in the parent company of its central or regional credit institution and the following conditions are met:
2012/03/07
Committee: ECON
Amendment 641 #

2011/0202(COD)

Proposal for a regulation
Article 118 – paragraph 1 – introductory part
Exposures that comply with the following criteria shall be assigned a risk weight of 750 %:
2012/03/08
Committee: ECON
Amendment 752 #

2011/0202(COD)

Proposal for a regulation
Article 160 – paragraph 4
4. The exposure weighted average LGD for all retail exposures secured by residential property and not benefiting from guarantees from central governments shall not be lower than 10% The exposure weighted average LGD for all retail exposures secured by commercial immovable property and not benefiting from guarantees from central governments shall not be lower than 15%deleted
2012/03/08
Committee: ECON
Amendment 764 #

2011/0202(COD)

Proposal for a regulation
Article 174 – paragraph 1 – subparagraph 1 a (new)
The competent authorities of each Member State may set the number of days past due up to a figure of 180 for exposures indicated in articles 111 and 118, to counterparties situated in their territory, if local conditions make it appropriate.
2012/03/08
Committee: ECON
Amendment 840 #

2011/0202(COD)

Proposal for a regulation
Article 372 – paragraph 3 a (new)
3a. Exposures incurred by an institution to its parent undertaking, to other subsidiaries of that parent undertaking or to its own subsidiaries, in so far as those undertakings are covered by the supervision on a consolidated basis to which the institution itself is subject, in accordance with this Regulation or with equivalent standards in force in a third country are excluded from the own funds requirements for CVA risk.
2012/03/09
Committee: ECON
Amendment 843 #

2011/0202(COD)

Proposal for a regulation
Article 372 – paragraph 3 b (new)
3b. Transactions with counterparties referred to in Article 1 paragraph (4) and paragraph (4a) of the Regulation (EU) No [xxxx/xxxx] of [date] on OTC derivative transactions, central counterparties and trade repositories ("EMIR) shall be excluded from the own funds requirements for CVA risk. Transactions with non-financial counterparties that do not meet the conditions referred to in Article 7 paragraph (1) of the Regulation (EU) No [xxxx/xxxx] of [date] on OTC derivative transactions, central counterparties and trade repositories ("EMIR) and therefore not subject to the clearing obligation shall be excluded from the own funds requirements for CVA risk.
2012/03/09
Committee: ECON
Amendment 920 #

2011/0202(COD)

Proposal for a regulation
Article 401 – paragraph 1
1. InstitutionsAfter being specified and introduced as a binding minimum standard according to the procedure as set out in Article 481, institutions, liquidity sub-groups as specified by Article 7 shall at all times hold liquid assets, the sum of the values of which equals, or is greater than, the liquidity outflows less the liquidity inflows under stressed conditions so as to ensure that institutionsthey maintain levels of liquidity buffers which are adequate to face any possible imbalance between liquidity inflows and outflows under stressed conditions over a short period of time.
2012/03/09
Committee: ECON
Amendment 922 #

2011/0202(COD)

Proposal for a regulation
Article 401 – paragraph 2
2. InstitutionsLiquidity sub-groups as specified by Article 7 shall not count double liquidity inflows and liquid assets.
2012/03/09
Committee: ECON
Amendment 923 #

2011/0202(COD)

Proposal for a regulation
Article 401 – paragraph 3
3. InstitutionsLiquidity sub-groups as specified by Article 7 may use the liquid assets referred to in paragraph 1 to meet their obligations under stress circumstances as specified as specified under Article 402.
2012/03/09
Committee: ECON
Amendment 924 #

2011/0202(COD)

Proposal for a regulation
Article 401 – paragraph 4
4. The provisions set out in Title II shall apply exclusively for the purposes of specifying reporting obligations set out in Article 403 which apply only until the legislative proposal referred to in article 481 has entered into force.
2012/03/09
Committee: ECON
Amendment 929 #

2011/0202(COD)

Proposal for a regulation
Article 402 – paragraph 1
Where a credit institutionliquidity sub-group as specified by Article 7 does not meet, or is expected not to meet the requirement set out in Article 401(1), it shall immediately notify the competent authorities and shall submit without undue delay to the competent authorityies a plan for the timely restoration of compliance with Article 401. Until such compliance has been restored, the credit institutionliquidity sub-group shall report the items referred to in Title II daily by the end of each business day unless the competent authority authorises a lower frequency and a longer delay. Competent authorities shall only grant such authorisations based on the individual situation of a credit institutionliquidity sub- group. They shall monitor the implementation of the restoration plan and shall require a more timely restoration if appropriate.
2012/03/09
Committee: ECON
Amendment 940 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – introductory part
Institutions shall report the following as liquid assets unless excluded by paragraph 2 and only if the liquid assets fulfil the conditions in paragraph 3:
2012/03/09
Committee: ECON
Amendment 945 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point a
(a) cash and deposits held withexposures to central banks to the extent that these dexpositures can be withdrawn in times of stress;
2012/03/09
Committee: ECON
Amendment 953 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point b
(b) transferableother assets that are of extremely high liquidity and credit quality;
2012/03/09
Committee: ECON
Amendment 957 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point c
(c) transferable assets representing claims on or guaranteed by the central government of a Member State or a third country if the institutionr central banks issued in domestic currencies, by the central government or central bank in curs a liquidity risk in that Member State or third country that it covers by holding those liquid assets;rency in which the liquidity risk is being taken or on the bank's home.
2012/03/09
Committee: ECON
Amendment 964 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d
(d) transferable assets that are of high liquidity and credit quality.
2012/03/09
Committee: ECON
Amendment 967 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d a (new)
(da) other assets that are eligible collateral in normal times for intraday liquidity needs and overnight liquidity facilities of a central bank in a Member State or if the liquid assets are held to meet liquidity outflows in the currency of a third country, of the central bank of that third country.
2012/03/09
Committee: ECON
Amendment 989 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 2
Pending a uniform definition in accordance with Article 481(2) of high and extremely high liquidity and credit quality, institutions shall identify themselves in a given currency transferable assets that are respectively of high or extremely high liquidity and credit quality. Pending a uniform definition, competent authorities may, taking into account the criteria listed in Article 481(2), provide general guidance that institutions shall follow in identifying assets of high and extremely high liquidity and credit quality. In the absence of such guidance, institutions shall use transparent and objective criteria to this end, including some or all of the criteria listed in Article 481(2).
2012/03/09
Committee: ECON
Amendment 1022 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1
IFor the purposes of points (b) to (d) of paragraph 1, institutions shall only report as liquid assets that fulfil each of the following conditions:
2012/03/09
Committee: ECON
Amendment 1030 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 1 – point b
(b) they are eligible collateral in normal times for intraday liquidity needs and overnight liquidity facilities of a central bank in a Member State or if the liquid assets are held to meet liquidity outflows in the currency of a third country, of the central bank of that third country;deleted
2012/03/09
Committee: ECON
Amendment 1050 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 2
The condition inFor the purpose of point (be) shall not apply in case of liquid assets held to meet liquidity outflows in a currency in which there is an extremely narrow definition of central bank eligibility. In case of currencies of third countries, this exception shall apply and only applof paragraph 1, institutions shall only report the assets that are not issued by the institution itself or its parents or subsidiary institutions or another subsidiary iof the competent authorities of the third country apply the same exception and the third country has comparable reporting requirements in placeits parent institutions or parent financial holding company.
2012/03/09
Committee: ECON
Amendment 1069 #

2011/0202(COD)

Proposal for a regulation
Article 404 – paragraph 5
5. Shares or units in CIUs may be treated as liquid assets up to an absolute amount of 250 million EUR provided that the requirements in Article 127(3) are met and that the CIU, apart from derivatives to mitigate interest rate or credit risk, only invests in liquid assets. Monetary UCITS meeting generally approved standards by ESMA shall be considered as highly liquid assets
2012/03/09
Committee: ECON
Amendment 1187 #

2011/0202(COD)

Proposal for a regulation
Article 412 – paragraph 5
5. Institutions, which have been set up and are sponsored by at least one Member State central or regional government may apply the treatments in paragraphs 2 and 3 by derogation from paragraph 4 also to credit and liquidity facilities that are provided to institutions for the sole purpose of directly or indirectly funding loans of promotional loansnature qualifying for the exposure classes referred to in those paragraphs. If those loans of promotional nature are extended via another institution as intermediary (pass through loans), a symmetric 0% in and outflow may be applied by institutions, which disburse those promotional loans to the final beneficiary, by derogation of paragraph 2(c) of Article 413. Those promotional loans shall be available only to persons who are not financial customers on a non- competitive, not for profit basis in order to promote public policy objectives of that Member State central or regional government. It shall only be possible to draw on such facilities following a request for a promotional loan and up to the amount of such request.
2012/03/09
Committee: ECON
Amendment 1199 #

2011/0202(COD)

Proposal for a regulation
Article 413 – paragraph 2 – introductory part
2. The liquidity inflows shall be measured over the next 30 days. They shall comprise only contractual inflows from exposures that are not past due and for which the bankinstitution has no reason to expect non- performance within the 30-day time horizon. The inflow shall be taken into account in full with the exception of the following:
2012/03/09
Committee: ECON
Amendment 1207 #

2011/0202(COD)

Proposal for a regulation
Article 413 – paragraph 2 – point a
(a) monies due from customers that are not financial customerscentral banks or sovereigns or public sector entities that are assigned a 0% risk- weight under Section 2 of Title III, Chapter 2 or financial customers for the purposes of principal payment shall be reduced by 50% of their value or by the contractual commitments to those customers to extend funding, whichever is higher. This does not apply to monies due from secured lending and capital market driven transactions as defined in Article 188 that are collateralised by liquid assets according to Article 404;
2012/03/09
Committee: ECON
Amendment 1316 #

2011/0202(COD)

Proposal for a regulation
Article 434 b (new)
Article 434b Disclosure of lending to the real economy Institutions shall report on the level of their activity directly related to corporates and SMEs.
2012/03/09
Committee: ECON
Amendment 1510 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 1
EBA shall monitor and evaluate the reports made in accordance with Article 403(1), across currencies and across different business models. EBA shall, and after consulting the ESRB, biannually and for the first time by 31 December0 June 2013 report to the Commission whether a specification of the general liquidity coverage requirement in Article 401 based on the criteria for liquidity reporting in Part Six Title II, considered either individually or cumulatively, is likely to have a material detrimental impact on the business and risk profile of Union institutions or on financial markets or the economy and bank lending, with a particular focus on lending to small and medium enterprises and on trade financing, including lending under official export credit insurance schemes.
2012/03/09
Committee: ECON
Amendment 1512 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – introductory part
EBA shall in its report reviewassess in particular the appropriateness of the calibration of the following:
2012/03/09
Committee: ECON
Amendment 1515 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – point a
(a) theproviding mechanisms restricting the value of liquidity inflows;
2012/03/09
Committee: ECON
Amendment 1517 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – point b
(b) the calibration of the outflows in accordance with Article 410(5);
2012/03/09
Committee: ECON
Amendment 1519 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – point c
(c) the calibration of the appropriate haircuts for purposes of Article 406 for assets held in accordance with the derogations laid down to in Article 407.
2012/03/09
Committee: ECON
Amendment 1521 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) providing mechanisms restricting the coverage of liquid requirements by certain categories of liquid assets;
2012/03/09
Committee: ECON
Amendment 1522 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – point c b (new)
(c b) introducing in the definition of the liquid assets, certain categories of central bank eligible assets that do not respect all the criteria of Article 404(3).
2012/03/09
Committee: ECON
Amendment 1529 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 2 – introductory part
2. EBA shall, by 31 December0 June 2013, report to the Commission on appropriate uniform definitions of high and of extremely high liquidity and credit quality of transferable assets for purposes of Article 404. The report should also consider other categories of central bank eligible securities and loans and other non-central bank eligible but tradable assets such as equities and gold. EBA shall in particular test the adequacy of the following criteria and the appropriate levels for such definitions:
2012/03/09
Committee: ECON
Amendment 1536 #

2011/0202(COD)

Proposal for a regulation
Article 481 – paragraph 2 a (new)
2 a. By 31 December 2013, the Commission shall report and submit a legislative proposal to the European Parliament and Council to introduce the liquidity coverage requirement according to Article 401 by 31 December 2015 at the latest, but not before 1st January 2015. In particular, the Commission shall point out: (i) any appropriate changes to the categories and calibration of the inflows and outflows referred to in Part Six Title II, taking into account the report referred to in the first paragraph and international developments; (ii) the need to limit the coverage of liquidity requirements by liquid assets referred to in points (d) and (e) of Article 404(1); (iii) uniform definitions of high and extremely high liquidity; (iv) the definition of established operational relationship for corporate clients (v) the range of assets to be considered liquid assets for the purposes of the Liquidity Coverage Ratio (vi) the possible unintended consequences of the definition of liquid assets on the conduct of monetary policy operation and the extent to which: -a list of liquid assets that is disconnected from the list of central bank eligible assets may incentivize institutions to submit eligible assets which are not included in the definition of liquid assets in refinancing operations; -liquidity regulation may desincentivise institutions to lend or borrow on the unsecured money market and whether this may lead to question the targeting of EONIA in monetary policy implementation; - the introduction of the LCR may make it more difficult for the national central banks to ensure price stability by using the existing monetary policy framework and instruments.
2012/03/09
Committee: ECON
Amendment 1602 #

2011/0202(COD)

Proposal for a regulation
Article 485 – paragraph 1
The Commission shall within 24 months afterbefore the entry into force of this Regulation, report on the impact of the own funds requirements laid down in this Regulation on lending to small and medium-sized enterprises and natural persons and shall submit this report to the European Parliament and the Council, and, if appropriate, a legislative proposal.
2012/03/09
Committee: ECON
Amendment 1612 #

2011/0202(COD)

Proposal for a regulation
Article 486 b (new)
Article 486 b Credit valuation adjustment monitoring and updating 1. EBA shall monitor and evaluate the application of the provisions on credit valuation adjustment in Title VI of Part III. By 1 January 2015 EBA shall report to the Commission on the impact and effectiveness of such provisions and on the alignment with the trading book review conducted by the Basel Committee. All provisions in the field of Credit Valuation Adjustment shall not result in capital requirements until such date as the EBA shall specify following their review. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 445 to update the method of calculation of own funds requirements for credit valuation adjustment risk as referred to in Title VI of Part III, taking into account modifications to international standards and the report referred to in paragraph 1.
2012/03/09
Committee: ECON
Amendment 1617 #

2011/0202(COD)

Proposal for a regulation
Article 486 a (new)
Article 486 a Report By ...* the Commission shall publish a report, and where appropriate submit a proposal to the European Parliament and the Council, on the need to grant the EBA with additional supervisory powers as well as resolution authority powers on all cross-border credit institutions, the local institutions would stay under the remit of national competent authorities. *OJ: please insert the date corresponding to two years after the date of application of this Regulation.
2012/03/09
Committee: ECON
Amendment 1620 #

2011/0202(COD)

Proposal for a regulation
Article -1 (new)
Article -1 Safeguard clause The EBA shall regularly assess the implementation by Third Country jurisdictions of the commitments undertaken in the context of the Basel Committee. The European Parliament and the Council shall be informed of the results of the assessment. On the basis of this assessment, the Commission and the EBA may, upon a motivated request from a Member State, a competent authority, the European Parliament, the Council or on its own initiative, take appropriate measures in order to adjust to the level of global competition. This can include the suspension of the requirements of this Regulation. In response to progress made by the Third Country jurisdictions concerned in fulfilling their commitments, the Commission may adapt the measures as appropriate. The Commission will inform the Council and the European Parliament in good time before revoking safeguard measures, and it will duly take into account any observations of the Council and the European Parliament in this respect.
2012/03/09
Committee: ECON
Amendment 1621 #

2011/0202(COD)

Proposal for a regulation
Article -1 a (new)
Article -1 a Arbitration The Commission, in cooperation with the European Central Bank, should promote ways to secure the reciprocity in the implementation of the commonly agreed rules and principles, such as, if appropriate, the setting-up of an arbitration panel to be created within the Basel Committee on Banking Supervision in order to settle disputes between constituencies arising from diverging interpretations of the common rules and / or lack of implementation by some parties.
2012/03/09
Committee: ECON
Amendment 1630 #

2011/0202(COD)

Proposal for a regulation
Article 487 a (new)
Article 487 a Before 31 December 2012 and in accordance with article 138.2 of the TFEU, the Commission shall submit a proposal to the Council with a view to grant the role of representing the euro area to the European Central Bank and the role of representing the European Union to the Commission within the Basel Committee on Banking Supervision
2012/03/09
Committee: ECON
Amendment 279 #

2011/0062(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)
Furthermore the purpose of the Directive is to aim to create an efficient and competitive single market for consumers, creditors and credit intermediaries with a high level of protection by fostering consumer confidence, customer mobility, cross-border activity of creditors and credit intermediaries, and a level playing field while respecting fundamental rights, without endangering the solvency of the Creditors. Member States shall ensure not to create any administrative or legal barrier to the realization of these principals (especially the validity of a credit agreement, property valuation, land (pledge-mortgage) registration)
2011/10/06
Committee: ECON
Amendment 350 #

2011/0062(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Where there is more than one competent authority on its territory, a Member State shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectivelyDoes not affect English version.
2011/10/06
Committee: ECON
Amendment 352 #

2011/0062(COD)

Proposal for a directive
Article 4 – paragraph 2 a (new)
2a. Member States shall put in place procedures for the collection and exchange of information, in particular for the purpose of implementing Regulation (EU) No 1092/2010 of the European Parliament and of the Council on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board and the Regulation of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances.
2011/10/06
Committee: ECON
Amendment 366 #

2011/0062(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that the freedom of contracting is respected, in particular the Member State shall not modify in any way (notably unilaterally) the contract concluded by and between the Consumer and Creditor.
2011/10/06
Committee: ECON
Amendment 435 #

2011/0062(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point f
(f) indication of the currency or currencies in which credits are available, including an explanation of the implications for the consumer where the credit is denominated in a foreign currency; particularly in the event of a rapid and/or significant devaluation of the home currency;
2011/10/06
Committee: ECON
Amendment 559 #

2011/0062(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall ensure that, before the conclusion of the credit agreement, a thorough assessment of the consumer's creditworthiness is conducted by the creditor, based on criteria including the consumer's income, savings, assets, debts and other financial commitments, throughout the single market. That assessment shall be carried out on the basis of the necessary information, obtained by the creditor or, where applicable, credit intermediary from the consumer and from relevant internal or external sources and shall respect the requirements with regard to necessity and proportionality set out in Article 6 of Directive 95/46/EC. Member States shall ensure that creditors establish appropriate processes to assess the creditworthiness of the consumer. These processes shall be reviewed at regular intervals and up-to-date records of those processes shall be maintained.
2011/10/06
Committee: ECON
Amendment 631 #

2011/0062(COD)

Proposal for a directive
Article 17 – paragraph 1
1. For the purposes of this Directive, ‘Member states may decide either : (a) that advice constitutes a separate service from the granting of a credit. Such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer ; (b) that advice is included in the granting of a credit.
2011/10/06
Committee: ECON
Amendment 642 #

2011/0062(COD)

Proposal for a directive
Article 17 – paragraph 2 – introductory part
2. Those Member States opting for point 1. (a) shall ensure that the creditor or credit intermediary informs the consumer, in the context of a given transaction, whether or not advice is being or will be provided. This may be done through additional pre-contractual information. Where advice is provided to consumers, in addition to the requirements set out in Articles 5 and 6, Member States shall ensure that creditors and credit intermediaries: to him and, if applicable, indicates the fee payable by the consumer for the provision of advice. This may be undertaken through the provision of additional pre-contractual information.
2011/10/06
Committee: ECON
Amendment 643 #

2011/0062(COD)

Proposal for a directive
Article 17 – paragraph 2 – point a
(a) consider a sufficiently large number of credit agreements available on the market so as to enable the recommendation of the most suitable credit agreements for the consumer's needs, financial situation and personal circumstances;deleted
2011/10/06
Committee: ECON
Amendment 650 #

2011/0062(COD)

Proposal for a directive
Article 17 – paragraph 2 – point b
(b) obtain the necessary information regarding the consumer's personal and financial situation, his preferences and objectives so as to enable the recommendation of suitable credit agreements. Such an assessment shall be based on information that is up to date at that moment in time and on reasonable assumptions as to the consumer's situation over the term of the proposed credit agreement.deleted
2011/10/06
Committee: ECON
Amendment 654 #

2011/0062(COD)

Proposal for a directive
Article 17 – paragraph 2 a (new)
2 a. When advice is provided to consumers under point 1.(a) or 1.(b), Member States shall ensure that: (a) creditors and tied credit intermediaries consider a sufficiently large number of credit agreements in their product range and recommend a suitable credit agreement for the consumer’s needs, financial situation and personal circumstances ; (b) not tied credit intermediaries consider a sufficiently large number of credit agreements available on the market and recommend a suitable credit agreement for the consumer’s needs, financial situation and personal circumstances.
2011/10/06
Committee: ECON
Amendment 683 #

2011/0062(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Where a Member State lays down such conditions, these shall not make the exercise of the right referred to in paragraph 1 excessively difficult or onerous for the consumer. In case the Member State obliges in any way the Creditor to accept any forced repayment or prepayment from the Consumer, the Member State shall provide a prompt, adequate and proportional compensation for the Creditors.
2011/10/06
Committee: ECON
Amendment 15 #

2011/0058(CNS)

Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 115 and 136 thereof,
2011/12/12
Committee: ECON
Amendment 16 #

2011/0058(CNS)

Proposal for a directive
Citation 1 a (new)
Having regard to Council Decision […] of […] authorising enhanced cooperation in the area of the Common Consolidated Corporate Tax Base (CCCTB),
2011/12/12
Committee: ECON
Amendment 97 #

2011/0058(CNS)

Proposal for a directive
Article 1 – paragraph 1 a (new)
For the purposes of the present Directive, ‘participating Member State’ shall mean a Member State participating in enhanced cooperation on a Common Consolidated Tax Base (CCTB)by virtue of Council Decision […] of […] authorising enhanced cooperation in the area of the Common Consolidated Corporate Tax Base (CCCTB).
2011/12/12
Committee: ECON
Amendment 108 #

2011/0058(CNS)

Proposal for a directive
Article 4 – paragraph 1 – point 1
1) 'taxpayer' means a company which has opted to apply,ies the system provided for by this Directive;
2011/12/12
Committee: ECON
Amendment 114 #

2011/0058(CNS)

Proposal for a directive
Article 4 – paragraph 1 – point 3
3) 'non-taxpayer' means a company which is ineligible to opt or has not opted to apply the system provided for by this Directive;
2011/12/12
Committee: ECON
Amendment 127 #

2011/0058(CNS)

Proposal for a directive
Article 6
1. A company to which this Directive applies which is resident for tax purposes in a Member State may opt for the system provided for by this Directive under the conditions provided for therein. 2. A company to which this Directive applies which is not resident for tax purposes in a Member State may opt for the system provided for by this Directive under the conditions laid down therein in respect of a permanent establishment maintained by it in a Member State. 3. For the purposes of paragraphs 1 and 2, a company that has its registered office, place of incorporation or place of effective management in a Member State and is not, under the terms of an agreement concluded by that Member State with a third country, regarded as tax resident in that third country shall be considered resident for tax purposes in that Member State. 4. Where, under paragraph 3, a company is resident in more than one Member State, it shall be considered to be resident in the Member State in which it has its place of effective management. 5. If the place of effective management of a shipping group member or of a group member engaged in inland waterways transport is aboard a ship or boat, it shall be deemed to be situated in the Member State of the home harbour of the ship or boat, or, if there is no such home harbour, in the Member State of residence of the operator of the ship or boat. 6. A company resident in a Member State which opts for the system provided for by this Directive shall be subject to corporate tax under that system on all income derived from any source, whether inside or outside its Member State of residence. 7. A company resident in a third country which opts for the system provided for by this Directive shall be subject to corporate tax under that system on all income from an activity carried on through a permanent establishment in a Member State.Opting deleted
2011/12/12
Committee: ECON
Amendment 144 #

2011/0058(CNS)

Proposal for a directive
Article 7 – paragraph 1
Where a company qualifies and opts for the system provided for by this Directive it shall cease to be subject to the national corporate tax arrangements in respect of all matters regulated by this Directive unless otherwise stated.
2011/12/12
Committee: ECON
Amendment 163 #

2011/0058(CNS)

Proposal for a directive
Chapter 8 – title
PROVISIONS ON ENTRY TO AND EXIT FROM THE SYSTEM PROVIDED FOR BY THIS DIRECTIVE
2011/12/12
Committee: ECON
Amendment 167 #

2011/0058(CNS)

Proposal for a directive
Article 44 – paragraph 1
When a taxpayer opts to applyies the system provided for by this Directive, all assets and liabilities shall be recognised at their value as calculated according to national tax rules immediately prior to the date on which it begins to apply the system, unless otherwise stated in this Directive.
2011/12/12
Committee: ECON
Amendment 170 #

2011/0058(CNS)

Proposal for a directive
Article 46 – paragraph 1
Revenues and expenses which pursuant to Article 24(2) and (3) are considered to have accrued or been incurred before the taxpayer opted intoapplied the system provided for by this Directive but were not yet included in the tax base under the national corporate tax law previously applicable to the taxpayer shall be added to or deducted from the tax base, as the case may be, in accordance with the timing rules of national law.
2011/12/12
Committee: ECON
Amendment 186 #

2011/0058(CNS)

Proposal for a directive
Article 49
General rule for opting-out of the system When a taxpayer leaves the system provided for by this Directive, its assets and liabilities shall be recognised at their value as calculated according to the rules of the system, unless otherwise stated in this Directive.deleted
2011/12/12
Committee: ECON
Amendment 192 #

2011/0058(CNS)

Proposal for a directive
Article 50
Fixed assets depreciated in a pool When a taxpayer leaves the system provided for by this Directive, its asset pool under the system provided for by this Directive shall be recognised, for the purpose of the national tax rules subsequently applicable, as one asset pool which shall be depreciated on the declining balance method at an annual rate of 25%.deleted
2011/12/12
Committee: ECON
Amendment 197 #

2011/0058(CNS)

Proposal for a directive
Article 51
Long-term contracts on leaving the system After the taxpayer leaves the system, revenues and expenses arising from long- term contracts shall be treated in accordance with the national corporate tax law subsequently applicable. However, revenues and expenses already taken into account for tax purposes in the system provided for by this Directive shall not be taken into account again.deleted
2011/12/12
Committee: ECON
Amendment 202 #

2011/0058(CNS)

Proposal for a directive
Article 52
Provisions and deductions on leaving the system After the taxpayer leaves the system provided for by this Directive, expenses which have already been deducted in accordance with Articles 25 to 27 may not be deducted again.deleted
2011/12/12
Committee: ECON
Amendment 206 #

2011/0058(CNS)

Proposal for a directive
Article 53
Losses on leaving the system Losses incurred by the taxpayer which have not yet been set off against taxable profits under the rules of the system provided for by this Directive shall be carried forward in accordance with national corporate tax law.deleted
2011/12/12
Committee: ECON
Amendment 322 #

2011/0058(CNS)

Proposal for a directive
Article 104
Notice to opt 1. A single taxpayer shall opt for the system provided for by this Directive by giving notice to the competent authority of the Member State in which it is resident or, in respect of a permanent establishment of a non-resident taxpayer, that establishment is situated. In the case of a group, the principal taxpayer shall give notice, on behalf of the group, to the principal tax authority. Such notice shall be given at least three months before the beginning of the tax year in which the taxpayer or the group wishes to begin applying the system. 2. The notice to opt shall cover all group members. However, shipping companies subject to a special taxation regime may be excluded from the group. 3. The principal tax authority shall transmit the notice to opt immediately to the competent authorities of all Member States in which group members are resident or established. Those authorities may submit to the principal tax authority, within one month of the transmission, their views and any relevant information on the validity and scope of the notice to opt.deleted
2011/12/12
Committee: ECON
Amendment 335 #

2011/0058(CNS)

Proposal for a directive
Article 105
Term of a Group 1. When the notice to opt has been accepted, a single taxpayer or a group, as the case may be, shall apply the system provided for by this Directive for five tax years. Following the expiry of that initial term, the single taxpayer or the group shall continue to apply the system for successive terms of three tax years unless it gives notice of termination. A notice of termination may be given by a taxpayer to its competent authority or, in the case of a group, by the principal taxpayer to the principal tax authority in the three months preceding the end of the initial term or of a subsequent term. 2. Where a taxpayer or a non-taxpayer joins a group, the term of the group shall not be affected. Where a group joins another group or two or more groups merge, the enlarged group shall continue to apply the system until the later of the expiry dates of the terms of the groups, unless exceptional circumstances make it more appropriate to apply a shorter period. 3. Where a taxpayer leaves a group or a group terminates, the taxpayer or taxpayers shall continue to apply the system for the remainder of the current term of the group.deleted
2011/12/12
Committee: ECON
Amendment 346 #

2011/0058(CNS)

Proposal for a directive
Article 106
Information in the notice to opt The following information shall be included in the notice to opt: a) the identification of the taxpayer or of the members of the group; b) in respect of a group, proof of fulfilment of the criteria laid down in Articles 54 and 55; c) identification of any associated enterprises as referred to in Article 78; d) the legal form, statutory seat and place of effective management of the taxpayers; e) the tax year to be applied. The Commission may adopt an act establishing a standard form of the notice to opt. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 131(2).deleted
2011/12/12
Committee: ECON
Amendment 360 #

2011/0058(CNS)

Proposal for a directive
Article 107
Control of the notice to opt 1. The competent authority to which the notice to opt is validly submitted shall examine whether, on the basis of the information contained in the notice, the group fulfils the requirements of this Directive. Unless the notice is rejected within three months of its receipt, it shall be deemed to have been accepted. 2. Provided that the taxpayer has fully disclosed all relevant information in accordance with Article 106, any subsequent determination that the disclosed list of group members is incorrect shall not invalidate the notice to opt. The notice shall be corrected, and all other necessary measures shall be taken, from the beginning of the tax year when the discovery is made. Where there has not been full disclosure, the principal tax authority, in agreement with the other competent authorities concerned, may invalidate the original notice to opt.deleted
2011/12/12
Committee: ECON
Amendment 397 #

2011/0058(CNS)

Proposal for a directive
Article 124 – paragraph 1 – subparagraph 1 – point a
a) a decision rejecting a notice to opt;deleted
2011/12/12
Committee: ECON
Amendment 420 #

2011/0058(CNS)

Proposal for a directive
Article 133 – paragraph 1 a (new)
The Commission shall every two years present a report to the European Parliament and the Council on the implementation by the national authorities of Article 85.
2011/12/12
Committee: ECON
Amendment 421 #

2011/0058(CNS)

Proposal for a directive
Article 133 – paragraph 1 b (new)
Two years after entry into force of this directive, the Commission shall present a report to the European Parliament and the Council on the potential consequences of this directive on the internal market with particular regard to possible distortions of competition between companies subject to the arrangements laid down in this directive and those not fulfilling the consolidation criteria.
2011/12/12
Committee: ECON
Amendment 289 #

2011/0006(COD)

Proposal for a directive
Recital -1 (new)
(-1) The financial crisis in 2007 and 2008 exposed important shortcomings in financial supervision, both in particular cases and in relation to the financial system as a whole. Nationally based supervisory models have lagged behind financial globalisation and the integrated and interconnected reality of European financial markets, in which many financial institutions operate across borders. The crisis exposed shortcomings in the areas of cooperation, coordination, consistent application of Union law and trust between national competent authorities.
2011/09/23
Committee: ECON
Amendment 290 #

2011/0006(COD)

Proposal for a directive
Recital -1 a (new)
(-1a) In a number of resolutions adopted before and during the financial crisis, Parliament called for a move towards more integrated European supervision, in order to ensure a truly level playing field for all actors at Union level, and for it to reflect the increasing integration of financial markets in the Union (in its resolutions of 13 April 2000 on ‘the Commission communication on implementing the framework for financial markets: Action Plan’, of 21 November 2002 on prudential supervision rules in the European Union, of 11 July 2007 on ‘financial services policy (2005-2010) – White Paper’, of 23 September 2008 with recommendations to the Commission on hedge funds and private equity, and of 9 October 2008 with recommendations to the Commission on ‘Lamfalussy follow- up: Future Structure of Supervision’, and in its positions of 22 April 2009 on the amended proposal for a directive of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) and of 23 April 2009 on the proposal for a regulation of the European Parliament and of the Council on Credit Rating Agencies).
2011/09/23
Committee: ECON
Amendment 291 #

2011/0006(COD)

Proposal for a directive
Recital -1 b (new)
(-1b) In November 2008 the Commission instructed a High-Level Group chaired by Jacques de Larosière to make recommendations on how to strengthen European supervisory arrangements with a view to better protecting EU citizens and rebuilding trust in the financial system. In its final report presented on 25 February 2009 (the ‘de Larosière Report’), the High-Level Group recommended that the supervisory framework be strengthened to reduce the risk and severity of future financial crises. It recommended far-reaching reforms to the supervisory structure of the financial sector within the Union. The de Larosière Report also recommended that a European System of Financial Supervisors (ESFS) be created, comprising three European Supervisory Authorities (ESA) – one for each of the banking, the securities and the insurance and occupational pensions sectors – and a European Systemic Risk Council.
2011/09/23
Committee: ECON
Amendment 292 #

2011/0006(COD)

Proposal for a directive
Recital -1 c (new)
(-1c) Financial stability is a prerequisite if the real economy is to provide jobs, credit and growth. The financial crisis has revealed serious shortcomings in financial supervision, which has failed to anticipate adverse macro-prudential developments and to prevent the accumulation of excessive risks within the financial system.
2011/09/23
Committee: ECON
Amendment 293 #

2011/0006(COD)

Proposal for a directive
Recital 1 a (new)
(1a) In its conclusions following its meeting of 18 and 19 June 2009, the European Council recommended that a European System of Financial Supervisors, comprising three new ESAs, be established. The system should be aimed at upgrading the quality and consistency of national supervision, strengthening the oversight of cross- border groups, establishing a single European rulebook applicable to all financial institutions in the internal market. It emphasised that the ESA should also enjoy supervisory powers in respect of credit rating agencies, and invited the Commission to prepare concrete proposals as to how the ESFS could play a strong role in crisis situations.
2011/09/23
Committee: ECON
Amendment 295 #

2011/0006(COD)

Proposal for a directive
Recital 2
(2) In order for the European System of Financial Supervisors (ESFS) – which makes it possible, inter alia, to create the right conditions for long-term investment – to work effectively, changes to Union legislation in the field of operation of the three Authorities are necessary. Such changes concern the definition of the scope of certain powers of the ESAs, the integration of certain powers in existing processes established in relevant Union legislation and amendments to ensure a smooth and effective functioning of the ESA in the context of the ESFS. If the powers enjoyed by the ESAs were to change, the budget allocated to them should be modified accordingly.
2011/09/23
Committee: ECON
Amendment 320 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 4 – point -a (new)
Directive 2009/138/EC
Article 35 – paragraph 2 – point a – point i
(-a) In paragraph 2(a), point (i) is replaced by the following: ‘(i) at predefined periods, whereby, for periods of less than 12 months, regular supervisory reporting is limited in the case of small and medium-sized insurance undertakings to information that changes significantly in the course of the year;’
2011/09/23
Committee: ECON
Amendment 327 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 4 – point -ab (new)
Directive 2009/138/EC
Article 35 – paragraph 2 – subparagraph 1 a (new)
(-ab) In paragraph 2, the following subparagraph is added: ‘When Member States require insurance companies to submit a full list of assets item by item, they shall limit the reporting obligations of small and medium-sized undertakings.’
2011/09/23
Committee: ECON
Amendment 330 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 5 – point -a (new)
Directive 2009/138/EC
Article 37 – paragraph 5 a (new)
(-a) the following paragraph is inserted: ‘5a. Without prejudice to their competence, the supervisory authorities concerned shall do everything within their power to inform in the framework of the colleges of supervisors its decision to set a capital add-on for and insurance or reinsurance undertaking.’
2011/09/23
Committee: ECON
Amendment 331 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 5 – point - a a (new)
Directive 2009/138/EC
Article 37 – paragraph 5 b (new)
(-aa) the following paragraph is inserted: ‘5b. Where there are diverging views among the college of supervisors concerning the decision of the supervisory authority concerned to impose a capital add-on according to the cases set out in points (a), (b) and (c) of paragraph 1, the group supervisor or any of the other supervisory authorities concerned may consult EIOPA. EIOPA is consulted during one month and all supervisory authorities concerned shall be informed. Where EIOPA has been consulted, the supervisory authority concerned shall duly consider such advice before taking its decision. In accordance with Article 19(2) of Regulation (EU) No 1094/2010, EIOPA shall act as a mediator at that stage.’
2011/09/23
Committee: ECON
Amendment 332 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 5 – point - a b (new)
Directive 2009/138/EC
Article 37 – paragraph 5 c (new)
(-ab) the following paragraph is inserted: ‘5c. Where, at the end of the period referred to in paragraph 7, if no agreement has been reached within the college, the group supervisor or any of the supervisory authorities concerned has referred the matter to EIOPA in accordance with Article 19 of Regulation (EU) No 1094/2010, the supervisory authority concerned shall defer its decision and await any decision that EIOPA may take in accordance with Article 19(3) of that Regulation, and shall take its decision in conformity with EIOPA’s decision. The period referred to in paragraphs 6 and 7, shall be deemed to be the conciliation period within the meaning of Article 19(2) of that Regulation. EIOPA shall take its decision within two months. The matter shall not be referred to EIOPA after the end of the period referred to in paragraph 6 or after an agreement among supervisory authorities concerned has been reached.’
2011/09/23
Committee: ECON
Amendment 333 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 5 – point b
Directive 2009/138/EC
Article 37 – paragraph 7 – subparagraph 2
The implementing technical standards referred to in the first subparagraph shall be adopted in accordance with Article 15 of Regulation …/… [EIOPA](EU) No 1094/2010.
2011/09/23
Committee: ECON
Amendment 334 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 5 – point b
Directive 2009/138/EC
Article 37 – paragraph 7 – subparagraph 3
EIOPA shall develop draft implementing technical standards for submission to the Commission by 31 Dec0 September 20112.
2011/09/23
Committee: ECON
Amendment 335 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 5 – point b a (new)
Directive 2009/138/EC
Article 37 – paragraph 7 a (new)
(ba) The following paragraph is added: ‘7a. In order to ensure uniform conditions of application of this Article, EIOPA shall develop draft implementing technical standards to specify the scope and conditions of external audit for the information referred to in paragraphs 1 to 4. EIOPA shall submit those draft implementing technical standards to the Commission by 1 January 2013. 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 1094/2010.’
2011/09/23
Committee: ECON
Amendment 340 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 10
Directive 2009/138/EC
Article 56 – paragraph 4 a (new)
In order to ensure uniform conditions of application of this section, EIOPA shall develop draft implementing technical standards to specify the scope and conditions of external audit for the information referred to in articles 51, 53, 54 and 55. EIOPA shall submit those draft implementing technical standards to the Commission by 1 January 2013. 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 1094/2010.
2011/09/23
Committee: ECON
Amendment 342 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 12 a (new)
Directive 2009/138/EC
Article 70
(12a) Article 70 is replaced by the following: ‘Article 70 Transmission of information to central banks, and monetary authorities, payment systems overseers and the European Systemic Risk Board 1. Without prejudice to this Section, a supervisory authority may transmit information intended for the performance of their tasks to the following: (a) central banks of the European System of Central Banks (including the ECB) and other bodies with a similar function in their capacity as monetary authorities where this information is relevant to their respective statutory tasks, including the conduct of monetary policy and related liquidity provision, oversight of payments, clearing and securities settlement systems and safeguarding the stability of the financial system; (b) where appropriate, other national public authorities responsible for overseeing payment systems.; and (c) the European Systemic Risk Board (ESRB), where that information is relevant to its tasks. 2. Such authorities or bodies may also communicate to the supervisory authorities such information as they may need for the purposes of Article 67. Information received in this context shall be subject to the provisions on professional secrecy laid down in this Section. 3. In an emergency situation, including a situation as defined in Article 18 of Regulation (EU) No 1094/2010, Member States shall allow the competent authorities to communicate, without delay, information to the central banks of the European System of Central Banks (including the ECB) where that information is relevant to their statutory tasks including the conduct of monetary policy and related liquidity provision, oversight of payments, clearing and securities settlement systems and safeguarding the stability of the financial system, and to the ESRB, where such information is relevant to its tasks.’
2011/09/23
Committee: ECON
Amendment 344 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 14 – point -a (new)
Directive 2009/138/EC
Article 75 – paragraph 1 – subparagraph 1 – point b
(-a) In paragraph 1, first subparagraph, point (b) shall be replaced by the following: ‘(b) liabilities shall be valued at the amount for which they could be transferred, or settled, between knowledgeable willing parties in an arm’s length transaction. The assessment of technical provisions shall not take account of information concerning assets specific to the insurance or reinsurance undertaking.’;
2011/09/23
Committee: ECON
Amendment 346 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 14 a (new)
Directive 2009/138/EC
Article 76 – paragraph 2
(14a) Article 76(2) shall be replaced by the following: ‘2. The value of technical provisions shall correspond to the current amount insurance and reinsurance undertakings would have to pay if they were to transfer their insurance and reinsurance obligations immediately to another insurance or reinsurance undertaking. The value of technical provisions shall not be affected by assets held by the insurance or reinsurance undertaking.’;
2011/09/23
Committee: ECON
Amendment 348 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 14 b (new)
Directive 2009/138/EC
Article 77 – paragraph 2 – subparagraph 1
(14b) In Article 77(2), the first subparagraph shall be replaced by the following: ‘2. The best estimate shall correspond to the probability-weighted average of future cash-flows, taking account of the time value of money (expected present value of future cash-flows), using the relevant risk-free interest rate term structure. The relevant risk-free interest rate term structure shall not take account of assets held by the insurance or reinsurance undertaking.’;
2011/09/23
Committee: ECON
Amendment 357 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 15
Directive 2009/138/EC
Article 77a – paragraph 1
EIOPA shall publish technical information including the relevant risk-free interest rate term structure. Where EIOPA observes an illiquidity premium in the financial markets in periods of stressed liquidity, information relating to the illiquidity premium, including its size and a justification concerning its calculation method shall also be published. EIOPA shall carry out the observation of the illiquidity premium and the derivation of the information on a transparent, objective and reliable basis. Information for all these purposes shall be derived according to methods and assumptions which may include formulae, or determinations made by EIOPA.
2011/09/23
Committee: ECON
Amendment 364 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 15
Directive 2009/138/EC
Article 77a – paragraph 2
The information referred to in the first paragraph shall be published for each relevant currency on at least a quartermonthly basis in a manner which is consistent with the methodologies referred to in Article 86.’
2011/09/23
Committee: ECON
Amendment 422 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 33 a (new)
Directive 2009/138/EC
Article 159
(33a) Article 159 is replaced by the following: ‘Article 159 Statistical information on cross-border activities Every insurance undertaking shall inform the competent supervisory authority of its home Member State, separately in respect of transactions carried out under the right of establishment and those carried out under the freedom to provide services, of the amount of the premiums, claims and commissions, without deduction of reinsurance, by Member State and as follows: (a) for non-life insurance, by lines of business as set out in the corresponding delegated act; (b) for life insurance, by each line of business I to IX, as set out in the corresponding delegated act. As regards class 10 in Part A of Annex I, not including carrier’s liability, the undertaking concerned shall also inform that supervisory authority of the frequency and average cost of claims. The supervisory authority of the home Member State shall forward the information referred to in the first and second subparagraphs within a reasonable time and in aggregate form to the supervisory authorities of each of the Member States concerned upon their request.’
2011/09/23
Committee: ECON
Amendment 437 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 54 – point a a (new)
Directive 2009/138/EC
Article 248 – paragraph 3
(aa) Paragraph 3 is replaced by the following: ‘3. The supervisory authorities of significant branches and related undertakings shall also be allowed to participate in the college of supervisors. However, their participation shall be limited to achieving the objective of an efficient exchange of information. The group supervisor may invite, as appropriate, the relevant central banks of the European System of Central Banks (including the ECB) to participate in the activities of the college of supervisors, where those activities are relevant to the exercise of their respective tasks. The effective functioning of the college of supervisors may require that some activities be carried out by a reduced number of supervisory authorities therein.’ ‘The membership of the college of supervisors shall include the group supervisor and supervisory authorities of all the Member States in which the head office of all subsidiary undertakings is situated. The supervisory authorities of significant branches and related undertakings shall also be allowed to participate in the college of supervisors. However, their participation shall be limited to achieving the objective of an efficient exchange of information. The group supervisor may invite, as appropriate, the relevant central banks of the European System of Central Banks (including the ECB) to participate in the activities of the college of supervisors, where those activities are relevant to the exercise of their respective tasks. The effective functioning of the college of supervisors may require that some activities be carried out by a reduced number of supervisory authorities therein.’
2011/09/23
Committee: ECON
Amendment 443 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 62 – point c
Directive 2009/138/EC
Article 260 – paragraph 4
4. By way of derogation from Article 261(1), the first paragraph of Article 262(1) and the second paragraph of Article 263, Member States may, for a transitional period, rely on the group supervision exercised by the third-country supervisory authorities. The transitional period shall last for a maximum of 5 years from the date referred to in the first sub-paragraph of Article 309(1). of insurance and reinsurance undertakings, the parent undertaking of which has its head office outside the Community on 1 January 2014 in situations other than those covered in paragraph 5. The transitional period shall last from 1 January 2014 until 31 December 2018, or until the date on which, in accordance with paragraph 2 of this Article, the prudential regime of that third country has been deemed to be equivalent to that laid down in this Title, whichever the earlier. This derogation shall only apply where the Commission has made a decision in accordance with paragraph 57 that specified conditions have been met by the third country. No later than 3 years after 1 January 2014, the Commission shall review in relation to each third country for which the Commission has made a decision in accordance with paragraph 7, the progress on convergence to an equivalent regime that has been made by the third country.
2011/09/23
Committee: ECON
Amendment 453 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 70
Directive 2009/138/EC
Article 308a – paragraph 3
3. Where the Commission has adopted a delegated act in accordance with Article 308b(3), Article 41(1) and Article 41(3) shall not apply for a maximum period of 3 years from the date referred to in the first sub-paragraph of Article 309(1)ithout prejudice to Article 308b, on 1 July 2013, insurance and reinsurance undertakings shall: (a) calculate the Solvency Capital Requirement, Minimum Capital Requirement, the amount of own funds, determine the balance sheet in accordance with this Directive; (b) provide supervisory authorities with information referred to in Article 35 in relation to the requirements set out in the previous sub-paragraph; the reference date of this information shall be the first day of the financial year starting on or after 1 July 2012 but before 1 July 2013; EIOPA shall define the templates to be provided.
2011/09/23
Committee: ECON
Amendment 455 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 70
Directive 2009/138/EC
Article 308a – paragraph 3 a (new)
3a. Without prejudice to Article 308b, Member states shall ensure that supervisory authorities have the power to require insurance and reinsurance undertakings to submit the information referred to in Article 35 in relation to the financial year ending on or after 1 July 2013.
2011/09/23
Committee: ECON
Amendment 462 #

2011/0006(COD)

Proposal for a directive
Article 2 – point 70
Directive 2009/138/EC
Article 308a – paragraph 9 a (new)
9a. The standard parameters to be used for equities that the undertaking purchased on or before 31 December 2013, when calculating the equity risk sub-module in accordance with the standard formula without the option set out in Article 304 shall be calculated as the weighted averages of: (a) the standard parameter to be used when calculating the equity risk sub- module in accordance with Article 304; and (b) the standard parameter to be used when calculating the equity risk sub- module in accordance with the standard formula without the option set out in Article 304, The weight for the parameter expressed in point (b) shall increase at least linearly at the end of each year from 0 % during the year starting on 1 January 2014 to 100 % as of 10 years after 1 January 2014. The Commission shall adopt delegated acts further specifying the procedure and criteria to be met, including the equities that shall be subject to the transitional measure.
2011/09/23
Committee: ECON
Amendment 472 #

2011/0006(COD)

Proposal for a directive
Article 2 a (new)
Article 2a Revision The Commission shall, by 1 January 2015 and every year thereafter, submit to the European Parliament and to the Council a report specifying whether the ESAs have submitted the draft regulatory technical standards and the draft implementing technical standards provided for in this Directive, whether the submission is mandatory or optional, with any appropriate proposals.
2011/09/23
Committee: ECON
Amendment 19 #

2010/2278(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Commission to give in- depth consideration to the issue of coordinating social security schemes in relation to highly mobile people and those whose mobility should be encouraged, in particular researchers;
2011/01/21
Committee: ECON
Amendment 20 #

2010/2278(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission to adopt minimum standards in relation to the right to compensation for damage resulting from a breach of EU law;
2011/01/21
Committee: ECON
Amendment 31 #

2010/2278(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls on the Commission to indicate the implementation timetable for the Single Market Act, and to publish regular updates of tangible progress in order to make the EU public more aware of the Act’s implementation and highlight its benefits;
2011/01/21
Committee: ECON
Amendment 32 #

2010/2278(INI)

Draft opinion
Paragraph 6 b (new)
6b. Emphasises the importance of measures designed to convince the public that the single market is in its best interest;
2011/01/21
Committee: ECON
Amendment 9 #

2010/2277(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Calls on the Commission to reconnect with the spirit of Mario Monti’s report, which advocated promoting liberalisation and competition where necessary, while at the same time furthering fiscal and social convergence;
2011/01/21
Committee: ECON
Amendment 10 #

2010/2277(INI)

Draft opinion
Paragraph -1 b (new)
-1b. Emphasises the complementary nature of the various measures contained in the Monti report, the cogency of which is not fully reflected in the Single Market Act;
2011/01/21
Committee: ECON
Amendment 16 #

2010/2277(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to integrate competition policy and tools in its single market strategyDeplores the absence of concrete measures for improving application of the rules on competition, especially in relation to merger control;
2011/01/21
Committee: ECON
Amendment 22 #

2010/2277(INI)

Draft opinion
Paragraph 3 a (new)
3a. Considers that, with a view to creating the right conditions for long-term investment, it is important both to adopt further measures, along the lines provided for in the SMA, and to address the very real obstacles that currently exist at world, European and national level;
2011/01/21
Committee: ECON
Amendment 23 #

2010/2277(INI)

Draft opinion
Paragraph 3 b (new)
3b. Calls on the Commission and the Member States to work towards a European private company statute;
2011/01/21
Committee: ECON
Amendment 29 #

2010/2277(INI)

Draft opinion
Paragraph 5 a (new)
5a. Welcomes the reference to ‘project bonds’ but deplores the absence of any reference to eurobonds which, according to the Monti report, would not only heighten the advantages of the single market and of the euro as an international currency but would also enable the Union’s economies to function better in both normal times and times of crisis, ultimately generating more growth and more jobs;
2011/01/21
Committee: ECON
Amendment 123 #

2010/2239(INI)

Draft opinion
Paragraph 13
13. Calls on the Commission to clarify when a cross-border activity is triggered, also taking into account the provisions of the Posted workers Directive and the position of expatriates in general, and that national social and labour laws, including compulsory membership, applies only to pension schemes whatever the legal form of the pension provider might be; in addition calls on the Commission to further harmonise rules concerning technical provisions, in particular the technical rate of interest, in order to prevent supervisory arbitrage; suggests that Member States should allow ring fencing;
2010/12/10
Committee: ECON
Amendment 130 #

2010/2239(INI)

Draft opinion
Paragraph 13 a (new)
13a. Recalls the IORP Directive statements that “a genuine internal market for financial services is crucial for economic growth and job creation in the Community” and “this Directive thus represents a first step on the way to an internal market for occupational retirement provision organised on a European scale”;
2010/12/10
Committee: ECON
Amendment 152 #

2010/2239(INI)

Draft opinion
Paragraph 14 a (new)
14a. Stresses that financial markets can function efficiently only when there is confidence and trust and considers that confidence and trust requires solid prudential rules for financial institutions and IORPs should be no exception to this;
2010/12/10
Committee: ECON
Amendment 153 #

2010/2239(INI)

Draft opinion
Paragraph 14 b (new)
14b. Believes that, in order to achieve consistency of prudential regimes among different financial services providers, the “same risks – same rules – same capital” principle must apply, taking into account the characteristics of each pension product or scheme;
2010/12/10
Committee: ECON
Amendment 162 #

2010/2239(INI)

Draft opinion
Paragraph 15
15. Considers the quantitative and qualitative elements of Solvency II to be of great importance for their application to IORPs; notes that this applies in particular to requirements in relation to good risk management;
2010/12/10
Committee: ECON
Amendment 172 #

2010/2239(INI)

Draft opinion
Paragraph 17
17. Is of the opinion that the newly established European Supervisory Authority (European Insurance and Occupational Pensions Authority) should play an important role in the development of a solvency regime for pension funds in general and IORPs more specifically; the European Insurance and Occupational Pension Authority shall develop draft technical standards and shall issue guidelines and recommendations on provisions of prudential nature relevant to the field of occupational pensions (e.g. the calculation of technical provisions);
2010/12/10
Committee: ECON
Amendment 23 #

2010/2099(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the current rules of the Stability and Growth pact have not been enough to ensure sound fiscal policies; whereas there is a need to strengthen the EU fiscal framework through a more rigorous rules-based application of sanctions,
2010/09/10
Committee: ECON
Amendment 30 #

2010/2099(INI)

Motion for a resolution
Recital D
D. whereas labour, knowledge and innovations have a tendency to migrate to certain regions, and EU financial solidarity mechanisms need to be further developed focusing, in particular, on research and development and education and training,
2010/09/10
Committee: ECON
Amendment 54 #

2010/2099(INI)

Motion for a resolution
Recital H
H. whereas the strengthening of economic governance must go hand in hand with reinforcing the democratic legitimacy of European governance, which must be achieved through a stronger and more timely involvement of the European Parliament and of national parliaments throughout the process, further coordination, with reciprocal respect, between national parliaments and the European Parliament is needed,
2010/09/10
Committee: ECON
Amendment 58 #

2010/2099(INI)

Motion for a resolution
Recital J
J. whereas the TFEU gives the Union enhanced power to strengthen economic governance within the Union, although changes to the provisions of the TFEU in the future cannot be excludedwill be necessary,
2010/09/10
Committee: ECON
Amendment 64 #

2010/2099(INI)

Motion for a resolution
Recital K
K. whereas compconsidérant qu'il convient de mettreh ensive secondary place une leégislation needs to be established in order todérivée complète si l'on veut attaein the Union objectives in this area; whereas enhanced economicdre les objectifs de l'Union dans ce domaine; considérant qu'il est essentiel qu'une gouvernance for the Union based on the provisions of the TFEU is essential, the Unionéconomique renforcée de l'Union repose sur des dispositions du TFUE, que la meéthod should be used to its full extent and the keye communautaire doit être exploitée au maximum et que le roôle of theclé de la Commission should bdoit être respected in order to promote mutuallyé afin de promouvoir des politiques permettant un reinforcing policesement mutuel,
2010/09/10
Committee: ECON
Amendment 75 #

2010/2099(INI)

Motion for a resolution
Recital N a (new)
N a. Whereas the Union needs to be represented with a common position in the international monetary system, international financial institutions and fora; whereas in the spirit of the Treaty the Council needs to consult the European Parliament before adopting a decision under Article 138 TFEU and needs Parliament's consent before establishing common positions which cover fields to which, internally, the ordinary legislative procedure applies.
2010/09/10
Committee: ECON
Amendment 162 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 7
– Establish pre-specified and pre-emptive incentives to be decided independently from the Council by the Commission or semi-automatic sanctions for Member States with excessive debt or for not complying with the mid-term budget objectives for a budget balance, in order to facilitate early warning steps and apply them in a progressive way,
2010/09/10
Committee: ECON
Amendment 190 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 3 – paragraph 1 – indent 3
– renforcer le secrétariat et le cabinet du Président de l'Eurogroupe,deleted
2010/09/10
Committee: ECON
Amendment 206 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 4 – indent 1
– Establish a permanent mechanism or body (European Monetary Fund) as a last resort mechanism for cases in which market financing is no longer available based on existing mechanisms (the European Financial Stability Facility, the European Financial Stabilisation Mechanism and the European balance of payments instrument) with clear rules on the decision-making procedure, funding, conditionality for loans, monitoring, rules on burden-sharing, and resources and powers in order to facilitate borrowing and lending activity in exceptional circumstances and in order to facilitate orderly resolution (e.g. debt restructuring) avoiding contagion and ring-fencing sovereign debt insolvency, if needed.
2010/09/10
Committee: ECON
Amendment 217 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 5 – paragraph 1 – indent 1
– élaborer une évaluation de la faisabilité (nature, risques et avantages) de la mise en place, à long terme d'un système permettant d'émettre des bons communs du Trésor, prioritairement destinés au financement de projets d'infrastructures européennes tournées vers l'avenir,
2010/09/10
Committee: ECON
Amendment 234 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 5 – paragraph 1 – indent 5 a (new)
– Establish a high-level policy group chaired by the Commission with a mandate to study the creation of a European Common Treasury (ECT), with the objective of giving the European Union with its own financing resources in accordance with the Treaty of Lisbon in order to reduce the dependence from the national transfers. The ECT would issue Eurobonds with the only purpose of financing Community supranational infrastructure projects.
2010/09/10
Committee: ECON
Amendment 244 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 6 – paragraph 1 – indent 1 a (new)
– Confer to the European Supervisory Authorities the exclusive supervisory powers over large cross-border financial institutions,
2010/09/10
Committee: ECON
Amendment 247 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 7 – paragraph 1 – indent 2
– Enhance the investigative powers by the Commission (Eurostat), such as on-site inspections without advanced warning and access to all accounting and budgetary information, for assessing the quality of public finances; if appropiate, this mesures should be accompanied by an increase of its budget and human resources,
2010/09/10
Committee: ECON
Amendment 253 #

2010/2099(INI)

Motion for a resolution
Annex 1 – heading 8 – paragraph 1 – indent 2 a (new)
– And in the spirit of the provisions of the Treaty include a procedure to fully inform and involve the European Parliament before adopting a decision under Art. 138 TFEU.
2010/09/10
Committee: ECON
Amendment 10 #

2010/2075(INI)

Motion for a resolution
Recital B
B. whereas consumer protection and competition on a level playing field were the key objectives when MiFID came into force, and whereas, following but have not yet been achieved and must therefore remain a priority; the financial crisis showed that, limiting systemic risk must also be prioritised,
2010/09/28
Committee: ECON
Amendment 24 #

2010/2075(INI)

Motion for a resolution
Recital C
C. whereas market fragmentation has had an inevitable impact upon liquidity and market efficiency, and whereas the effect of an increased number of venues, both in the on- and off-exchange space, and increasingly technology- driven trading has significantly decreased average order execution size from EUR 22 ,266 in 2006 to EUR 9 ,923 in 2009,
2010/09/28
Committee: ECON
Amendment 38 #

2010/2075(INI)

Motion for a resolution
Recital E
E. whereas ban in-depth analysis is required to establish if Broker cCrossing nNetworks (BCNs) provide different services to rRegulated mMarkets (RMs) and mMultilateral tTrading fFacilities (MTFs), in so far as theyt is most likely that certain BCNs could alre closed systems and a technological extension of the traditional, discretionary broker-client relationshipady be classified as an MTF or SI today based on a deeper analysis of their business models by competent authorities,
2010/09/28
Committee: ECON
Amendment 59 #

2010/2075(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission to secure the necessary strengthening of market infrastructure across all trading venues and clearing systems, in particlaur OTC, to enable them to cope with future risk through enhanced transparency, improved resilience and regulatory oversight of all aggregated trades;
2010/09/28
Committee: ECON
Amendment 64 #

2010/2075(INI)

Motion for a resolution
Paragraph 2
2. Suggests that, in the interests of equitable treatment, rules need to be introduced such that MTFs transacting either a similar volume of trade or having a similar market impact to an RM (subject to a threshold) are subject to the same level of supervision and therefore regulated in a comparable way;
2010/09/28
Committee: ECON
Amendment 70 #

2010/2075(INI)

Motion for a resolution
Paragraph 3
3. Asks for an investigation into the functioning of the sSystematic iInternaliser (SI) regime and the bringing forward of improvements to the way in which this category is regulated to increase its use as a subset of OTCrelevance of maintaining this category ;
2010/09/28
Committee: ECON
Amendment 85 #

2010/2075(INI)

Motion for a resolution
Paragraph 6 – introductory part
6. Calls for the introduction of new provisions in MIFID for BCNs including requirementrequiring BCNs to submit to the competent authorities:
2010/09/28
Committee: ECON
Amendment 89 #

2010/2075(INI)

Motion for a resolution
Paragraph 7
7. Calls for an investigation into a suitable volume threshold above which BCNs would be required to convert to an MTF;deleted
2010/09/28
Committee: ECON
Amendment 98 #

2010/2075(INI)

Motion for a resolution
Paragraph 8
8. Seeks a sectoral consultation which will inform the Commission on whether market makers should be allowed to interact with dark-pool orders within a BCN, or whether this should be disallowed and remain a venue for buy side customer orders to cross;deleted
2010/09/28
Committee: ECON
Amendment 103 #

2010/2075(INI)

Motion for a resolution
Paragraph 9
9. Suggests that a minimum order size for dark-pool transactions, whether on an organised trading venue or BCN, may be warranted and asks for an investigation into the merits of this for maintaining adequate flow of trade through the lit venues in the interests of price discovery;deleted
2010/09/28
Committee: ECON
Amendment 112 #

2010/2075(INI)

Motion for a resolution
Paragraph 10 – point a
(a) reduce the threshold of the large-in- size waiver in recognition of reduced trade size,deleted
2010/09/28
Committee: ECON
Amendment 119 #

2010/2075(INI)

Motion for a resolution
Paragraph 10 – point c
(c) broaden the Reference Price waiver to include trades that fall within the current spread in the reference market;deleted
2010/09/28
Committee: ECON
Amendment 134 #

2010/2075(INI)

Motion for a resolution
Paragraph 13
13. Calls on the CESR to draw up and update as necessary common reporting standards and formats for the reporting of post-trade data to aid in data consolidation;
2010/09/28
Committee: ECON
Amendment 156 #

2010/2075(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls for an examination of HFT’s challenges in terms of market monitoring; recognises the need for regulators to have the appropriate means to detect and monitor potential abusive behaviours; in this perspective, calls for the reporting to the competent authorities of all orders received by regulated markets and MTFs, as well as of trades done on these platforms;
2010/09/28
Committee: ECON
Amendment 188 #

2010/2075(INI)

Motion for a resolution
Paragraph 30
30. Supports the Commission's intention to include OTC derivative instruments within the scope of MiFID as the trading of such products transitions increasingly move to formalganised trading venues and are subject to increasing standardisation and central clearing requirements ;
2010/09/28
Committee: ECON
Amendment 11 #

2010/2037(INI)

Draft opinion
Recital B
B. whereas, following the financial crisis, auditors have been identified as being able to play a key role in strengthening the risk management oversight of Systemically Important Ffinancial Iinstitutions (SIFIs),
2011/04/12
Committee: ECON
Amendment 46 #

2010/2037(INI)

Draft opinion
Paragraph 2
2. Believes companies should conduct a compulsory open tendering process for statutory appointments of external auditors every eight years, on a renewable basis; nottakes that for SIFIs this should be reduced to everye view that, in the case of group audits, rotation should be coordinated on an international basis; calls four yearsthe joint audit system to be developed;
2011/04/12
Committee: ECON
Amendment 60 #

2010/2037(INI)

Draft opinion
Paragraph 3
3. Calls for enhanced, two-way communication between auditors and financial supervisors of SIFIs, especially in relation tofinancial establishments, both at national level and at EU level; notes that better communication is of special importance in relation to SIFIs, in particular as regards specific areas of concern, including the interaction between different financial products;
2011/04/12
Committee: ECON
Amendment 94 #

2010/2037(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission to look into the legal barriers existing both within the EU and between EU countries and non- EU countries in connection with the forwarding of data during group audits;
2011/04/12
Committee: ECON
Amendment 100 #

2010/2037(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls on the Commission and the Member States to ensure that audits of public bodies are exemplary and to prevent any conflicts of interest from arising as a result of links between the auditor and decision-makers within the public body being audited;
2011/04/12
Committee: ECON
Amendment 104 #

2010/2037(INI)

Draft opinion
Paragraph 5 c (new)
5c. Calls on the Commission and the Member States to ensure compliance with the findings published by national audit offices in pursuit of their audit remit;
2011/04/12
Committee: ECON
Amendment 107 #

2010/2037(INI)

Draft opinion
Paragraph 5 d (new)
5d. Takes the view that the implementation of measures to guard against conflicts of interest should be monitored by the national supervisory authorities;
2011/04/12
Committee: ECON
Amendment 109 #

2010/2037(INI)

Draft opinion
Paragraph 5 e (new)
5e. Calls for the establishment of an EU body to help standardise national audit oversight practices and ensure closer cooperation between national authorities within an integrated European network;
2011/04/12
Committee: ECON
Amendment 110 #

2010/2037(INI)

Draft opinion
Paragraph 5 f (new)
5f. Calls on the Commission to look at ways of making the operations of audit firms more transparent; notes that the introduction of an obligation to publish annual financial statements verified by the relevant public authorities would help to achieve this;
2011/04/12
Committee: ECON
Amendment 41 #

2010/2008(INI)

Motion for a resolution
Recital G
G. whereas most derivatives used by firms involve no systemic risk taken individually,
2010/04/13
Committee: ECON
Amendment 44 #

2010/2008(INI)

Motion for a resolution
Recital H
H. whereas small and medium-sized enterprises use derivatives under special conditions in that, as regards capital charges and financing variation margins, they are dependent on exemptionsnon-financial institutions, in particular SMEs, are not equipped like financial institutions to deal with collateral management and especially liquidity risk, and could bear very high costs if submitted to full derivatives regulation, but should comply with adequate transparency and risk management standards due to the substantial financial risk they may represent,
2010/04/13
Committee: ECON
Amendment 51 #

2010/2008(INI)

Motion for a resolution
Recital I
I. whereas, as a rule, non-financial institutions’ interest rate, foreign- exchange and commodity contracts need no additional regulation certain OTC derivatives products that are not extensively used by non-financial institutions need no additional regulation but nevertheless need to be supervised,
2010/04/13
Committee: ECON
Amendment 59 #

2010/2008(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas the latest events involving the sale of OTC derivatives to local governments and the dealings with sovereign Credit Default Swaps reinforce the need for financial stability and market transparency to be primary goals for the drafting of legislation By European regulator;
2010/04/13
Committee: ECON
Amendment 60 #

2010/2008(INI)

Motion for a resolution
Recital I b (new)
Ib. whereas the current Greek situation cannot lead to firm conclusions on the interaction between the sovereign CDS and underlying bond markets because of a blatant lack of information but precisely calls for very strong guarantees in terms of access to comprehensive information and empowerment of supervisors so that they can react to diverse and unexpected situations,
2010/04/13
Committee: ECON
Amendment 64 #

2010/2008(INI)

Motion for a resolution
Recital I c (new)
Ic. whereas systemic risk associated with clearing houses is very likely to be considerable and growing and therefore unfettered access to information on transactions for regulators is essential for market and prudential supervision; EU financial institutions should comply with clearing and reporting requirements in clearing houses and repositories located, authorised and supervised in the EU,
2010/04/13
Committee: ECON
Amendment 83 #

2010/2008(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Supports a strong EU regime for the whole chain of post-market infrastructures covering all types of financial instruments: trade repositories, central clearing houses as well as central securities depositories, which ensure secure reconciliation of all transactions;
2010/04/13
Committee: ECON
Amendment 87 #

2010/2008(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Calls for more transparency on all transactions, both pre-trade for all instruments that qualifies for the extensive use of organised trading venues and in all cases, for increased post-trade trade transparency through reporting of all transactions to repositories, to the benefit of both regulators and investors;
2010/04/13
Committee: ECON
Amendment 93 #

2010/2008(INI)

Motion for a resolution
Paragraph 2
2. Backs the call for the compulsory introduction of independent clearingCCP clearing independent from key market participants or risk takers between financial institutions for all standardisedzable derivatives, so as to ensure better assessment of counterparty credit risk, and backs the aim ofsupports trading as many standardised derivatives as possible, in future, on organised marketstrading venues as defined in MiFID;
2010/04/13
Committee: ECON
Amendment 119 #

2010/2008(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Considers that, for the sake of comprehensive macrofinancial oversight, non-financial institutions should not be submitted to the same requirements as financial institutions, but should comply with substantial standards in terms of risk management and transparency, notably to identify the share of their financial activity which might go beyond hedging needs; in this respect, the competent authorities should be able to assess the individual situation and organisation of non-financial institutions, including through proportionate information requests and on-site visits whereas the ESMA, EBA and ESRB should get all necessary information;
2010/04/13
Committee: ECON
Amendment 161 #

2010/2008(INI)

Motion for a resolution
Paragraph 9
9. Backs the introduction of repositories for all trades and positions not exchange- central clearing counterparty-cleared and calls for trade repositories to be regulated and supervised under EMSMA direction;
2010/04/13
Committee: ECON
Amendment 179 #

2010/2008(INI)

Motion for a resolution
Paragraph 12
12. Backs the Commission in its plan to establish CCPscentral clearing counterparties located in the EU under independent EuropeanSMA’s responsibility which arand their governance independent from key market participants;
2010/04/13
Committee: ECON
Amendment 229 #

2010/2008(INI)

Motion for a resolution
Paragraph 17
17. NCalls for enabling the ESMA and the competent authorities with a wide range of powers to effectively tackle dysfunctions in derivatives markets, e.g. temporarily banning naked selling of CDS or requiring physical settlement of derivatives and setting position limits to avoid undue concentration of dealers on some market segments; in particular, notes that for trading commodities and agricultural products, but also greenhouse gas emission allowances, it must be ensured that that market operates transparently in order to stem speculation and avoid undue volatility;
2010/04/13
Committee: ECON
Amendment 241 #

2010/2008(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Supports that any future legislative proposal on derivatives markets follows a functional approach by which similar activities are subject to the same or similar rules;
2010/04/13
Committee: ECON
Amendment 249 #

2010/2008(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Commission, therefore, to ensure that European and non- European regulators have mutual access to data from clearing houses and trade repositories situated within and outside European Union territory;
2010/04/13
Committee: ECON
Amendment 252 #

2010/2008(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Underlines the importance of reviewing regularly the effectiveness of the future legislation, in cooperation with all market participants, and adapting these regulatory provisions where necessary;
2010/04/13
Committee: ECON
Amendment 1 #

2010/2006(INI)

Motion for a resolution
Citation 1 a (new)
- having regard to its resolution of 13 April 2000 on the Commission communication on implementing the framework for financial markets: Action plan1,
2010/05/05
Committee: ECON
Amendment 7 #

2010/2006(INI)

Motion for a resolution
Recital D
D. whereas the lack of European regulations and supervision encouraged uncoordinated actions by national authorities which increased the risk of protectionist behaviour, distortion of competition and threatened the construction of an internal market for financial services,
2010/05/05
Committee: ECON
Amendment 11 #

2010/2006(INI)

Motion for a resolution
Recital F
F. whereas citizens demand that the EU institutions urgentlythe crisis has created strong expectations on the part of citizens and made it necessary to create an adequate framework which, in the event of crisis, would preserve financial stability, would minimise the cost to taxpayers, would preserve basic banking services and would protect depositors,
2010/05/05
Committee: ECON
Amendment 26 #

2010/2006(INI)

Motion for a resolution
Recital M
M. whereas wide gaps between national regulatory and insolvency regimes must be bridged through a harmonised framework and reinforced dialogue among national supervisors and authorities within the Cross Border Stability Groups,
2010/05/05
Committee: ECON
Amendment 27 #

2010/2006(INI)

Motion for a resolution
Recital N
N. whereas a limited number of banks (“Systemic Banks”) represent an extremely high level of systemic risk due to their size, complexity and interconnectedness across Europe, calling for an urgent and targeted special regimethe systemic risk can arise from banks of any size whose complexity and interactions justify the creation of a Community regime for crisis resolution,
2010/05/05
Committee: ECON
Amendment 42 #

2010/2006(INI)

Motion for a resolution
Recital P
P. whereas the fast-track special framework for Systemic Banks should evolve in the medium/long term towards a universal regime covering all banks in the Union.deleted
2010/05/05
Committee: ECON
Amendment 76 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 1 – paragraph 3
3. Attribute to the relevant supervisor the responsibility for crisis management and the approval of each bank’s contingency plan, as follows: • for Systemic Banks: to the relevant supervisor, that is the European Banking Authority (EBA)Banking), in close cooperation, depending on the case, with the college of national supervisors andor the Cross Border Stability Groups (as defined in the above- mentioned Memorandum of Understanding of June 2008); • for all other cross border non-systemic banks: the consolidated supervisor within the college, underconsolidated supervisor or the local supervisor. The specific form which theis coordinperation of the EBA and in consultation with the Cross Border Stability Groups; • for local banks: the local supervisorwill take, and the degree to which the Authority will intervene, shall be defined.
2010/05/05
Committee: ECON
Amendment 95 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 1 – paragraph 6 – introductory part
6. Design, before December 2011, an European supervisory rating for banks that respects confidentiality and is based on a common set of quantitative and qualitative indicators ("Risk Dashboard") comprising at least:
2010/05/05
Committee: ECON
Amendment 99 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – introductory part
8. Expand the crisis management minimum intervention toolbox available toProvide supervisors, beyond the Article 136 of Directive 2006/48/EC, to include at least the powerwith appropriate legal instruments enabling them to:
2010/05/05
Committee: ECON
Amendment 141 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 2 – title
Recommeandation 2 on S– Risques systeémic Bankques
2010/05/05
Committee: ECON
Amendment 146 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 2 – paragraph 1
1. Systemic Banks, due to their special risk profile, require to be urgently addressed by a new special regime to be known as the European Bank Company Law to be designed until the end of 2011.deleted
2010/05/05
Committee: ECON
Amendment 155 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 2 – paragraph 2
2. Systemic Banks shall adhere to the new special regime which shall overcome legal impediments to effective action across borders while ensuring clear and predictable treatment of shareholders, depositors, creditors and other stakeholders.deleted
2010/05/05
Committee: ECON
Amendment 171 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 2 – paragraph 3
3. The Commission shall adopt a measure setting up, before April 2011, criteria for definition of Systemic Banks based on a draft elaborated by the European Systemic Risk Board (ESRB)European Systemic Risk Board (ESRB) shall draw up a report on the systemic risks which may arise in the banking sector, with a view to enabling the Commission to adopt a communication on the subject before 2012 in which it will, where applicable, prepare legislative proposals.
2010/05/05
Committee: ECON
Amendment 181 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 2 – paragraph 5
5. For each of the Systemic Banks, the EBA shall lead the college ofOn the basis of this work, the European Authority (Banking) shall monitor banks under threat, in close cooperation with national supervisors, act under normal circumstances through national supervisors and retain the ultimate decision power and a binding mediating rolend national central banks. The Authority shall if necessary use the binding mediating powers given to it by the Regulation of the European Parliament and of the Council establishing a European Banking Authority. The authority shall keep the ESRB informed of actions it takes to avert a systemic risk.
2010/05/05
Committee: ECON
Amendment 192 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 2 – paragraph 6
6. An EU Financial Stability Fund and a Resolution Unit shall support interventions led by the EBA (resolution or insolvency) as regards Systemic BanksThe Authority may make use of the Financial Stability Fund created by the Regulation of the European Parliament and of the Council establishing a European Banking Authority (EBA); the arrangements for this fund are set out in Recommendation 3.
2010/05/05
Committee: ECON
Amendment 210 #

2010/2006(INI)

Motion for a resolution
Annex – recommendation 3 – paragraph 2 – indent 2
• funded ex-ante by the Systemic Banksbanking sector on the basis of risk-based, countercyclical criteria; in order to ensure a level playing field, banks' contributions shall be adjusted in accordance with a bonus/penalty system to take account of the quality of their management;
2010/05/05
Committee: ECON
Amendment 18 #

2010/0821(NLE)

Draft decision
Recital 4 f (new)
(4f) In order to safeguard the stability of the euro area as a whole, the Commission should make recommendations or proposals under Articles 136, 121 and 126 TFEU to those Member States whose currency is the euro. Those recommendations or proposals should be deemed to have been adopted unless the Council objects to them by a qualified majority.
2011/02/04
Committee: ECON
Amendment 24 #

2010/0821(NLE)

Draft decision
Article 1
The following paragraphoint shall be added to Article 136(1) of the Treaty on the Functioning of the European Union: "3. The Member States whose currency is the euro may(c) to establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.".
2011/02/04
Committee: ECON
Amendment 107 #

2010/0362(COD)

Proposal for a regulation
Recital 12
(12) Rules have been introduced at EU level for interbranch organisations in some sectors. These organisations can play useful roles in allowing dialogue between actors in the supply chain, and in promoting best practice and market transparency. Such rules should equally be applied in the milk and milk products sector, along with the provisions clarifying the position of such organisations under competition law whilst ensuringand should be used, for example, to highlight the added value of European quality production – particularly grassland production – for the food chain; at the same time, care should be taken that they do not distort competition or the internal market or affect the good functioning of the common market organisation.
2011/03/28
Committee: AGRI
Amendment 150 #

2010/0362(COD)

Proposal for a regulation
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint ii
ii) helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies, market studies and specific marketing tools focusing on European quality products, emphasising their added value;
2011/03/28
Committee: AGRI
Amendment 166 #

2010/0362(COD)

Proposal for a regulation
Article 1 – point 3
Regulation (EC) 1234/2007
Article 123 – paragraph 4 – point c – subpoint vii a (new)
vii (a) promoting grassland production and the significant contribution to the market made by its quality products;
2011/03/28
Committee: AGRI
Amendment 213 #

2010/0362(COD)

Proposal for a regulation - amending act
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 3
3. For the purposes of this Article, references to producer organisations shall also cover associations of such producer organisations. In order to ensure that these associations may be appropriately monitored, the Commission may, by means of delegated acts, adopt rules on the conditions for recognition of such associations, also with a view to preventing distortions of competition resulting from the creation of monopolies or monopsonies upstream or downstream of the sector.
2011/03/28
Committee: AGRI
Amendment 77 #

2010/0281(COD)

Proposal for a regulation
Recital 3
(3) In particular, surveillance of the economic policies of the Member States should be broadened beyond budgetary surveillance to prevent excessive macroeconomic imbalances and vulnerabilities and help the Member States affected devise corrective plans before divergences become entrenched. This broadening of the economic surveillance framework should go in parallel with deepening of fiscal surveillance.
2011/02/16
Committee: ECON
Amendment 81 #

2010/0281(COD)

Proposal for a regulation
Recital 4
(4) To help address such imbalances and vulnerabilities, a procedure laid down in detail in legislation is necessary.
2011/02/16
Committee: ECON
Amendment 93 #

2010/0281(COD)

Proposal for a regulation
Recital 5
(5) It is appropriate to supplement the multilateral surveillance referred to in Article 121(3) and (4) of the Treaty with specific rules for detection, prevention and correction of macroeconomic imbalances and vulnerabilities.
2011/02/16
Committee: ECON
Amendment 97 #

2010/0281(COD)

Proposal for a regulation
Recital 6
(6) This procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances and vulnerabilities. It should be based on use of an indicative and transparent scoreboard combined with economic judgment.
2011/02/16
Committee: ECON
Amendment 105 #

2010/0281(COD)

Proposal for a regulation
Recital 7
(7) The scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances and vulnerabilities, with corresponding indicative thresholds. The composition of the scoreboard may evolve in time, inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics.
2011/02/16
Committee: ECON
Amendment 112 #

2010/0281(COD)

Proposal for a regulation
Recital 8
(8) The crossing of one or more indicative thresholds need not necessarily imply that macroeconomic imbalances and vulnerabilities are emerging, as economic policy-making should take into account inter-linkages between macroeconomic variables. Economic judgment should ensure that all pieces of information, whether from the scoreboard or not, are put in perspective and become part of a comprehensive analysis.
2011/02/16
Committee: ECON
Amendment 121 #

2010/0281(COD)

Proposal for a regulation
Recital 9
(9) Based on the multilateral surveillance procedure and the alert mechanism, the Commission should identify the Member States to be subject to an in-depth review. The in-depth review should encompass a thorough analysis of sources of imbalances and vulnerabilities in the Member State under review. It should be discussed within the Council and the Euro Group for the Member States whose currency is the euro.
2011/02/16
Committee: ECON
Amendment 124 #

2010/0281(COD)

Proposal for a regulation
Recital 10
(10) A procedure to monitor and correct adverse macroeconomic imbalances and vulnerabilities, with preventive and corrective elements, will require enhanced surveillance tools based on those used in the multilateral surveillance procedure. This may include enhanced surveillance missions by the Commission to Member States and additional reporting by the Member State in case of severe imbalances, including imbalances and vulnerabilities that jeopardise the proper functioning of the economic and monetary union.
2011/02/16
Committee: ECON
Amendment 128 #

2010/0281(COD)

Proposal for a regulation
Recital 11
(11) When assessing imbalances and vulnerabilities, account should be taken of their severity, of the degree to which they may be considered unsustainable and of the potential negative economic and financial spillovers to other Member States. Given the vulnerabilities and the magnitude of the adjustment required, the need for policy action is particularly pressing in Member States showing persistently large current-account deficits and large competitiveness losses. The economic adjustment capacity and the track record of the Member State concerned as regards compliance with earlier recommendations issued under this Regulation and other recommendations issued under Article 121 of the Treaty as part of multilateral surveillance, in particular the broad guidelines for the economic policies of the Member States and of the Union, should also be considered.
2011/02/16
Committee: ECON
Amendment 147 #

2010/0281(COD)

Proposal for a regulation
Recital 12
(12) If macroeconomic imbalances or vulnerabilities are identified, recommendations should be addressed to the Member State concerned to provide guidance on appropriate policy responses. The policy response of the Member State concerned to imbalances and vulnerabilities should be timely and should use all available policy instruments under the control of public authorities. It should be tailored to the specific environment and circumstances of the Member State concerned and cover the main economic policy areas, potentially including fiscal and wage policies, labour markets, product and services markets and financial sector regulation.
2011/02/16
Committee: ECON
Amendment 151 #

2010/0281(COD)

Proposal for a regulation
Recital 13
(13) The early warnings and recommendations by the European Systemic Risk Board to Member States or the Union address risks of a macrofinancial nature. These may also warrant appropriate follow-up action in the context of the surveillance of imbalances and vulnerabilities. The independence and confidentiality regime of the European Systemic Risk Board should be strictly respected.
2011/02/16
Committee: ECON
Amendment 154 #

2010/0281(COD)

Proposal for a regulation
Recital 14
(14) If severe macroeconomic imbalances and vulnerabilities are identified, including imbalances and vulnerabilities that jeopardise the proper functioning of economic and monetary union, an excessive imbalance procedure should be initiated that may include issuing recommendations to the Member State, enhanced surveillance and monitoring requirements and in respect of Member States whose currency is the euro, the possibility of enforcement in accordance with Regulation (EU) No […/…]4 in the event of sustained failure to take corrective action.
2011/02/16
Committee: ECON
Amendment 167 #

2010/0281(COD)

Proposal for a regulation
Recital 16
(16) Since an effective framework for detection and prevention of macroeconomic imbalances and vulnerabilities cannot be sufficiently achieved by the Member States because of the deep trade and financial inter-linkages between Member States and the spillover effect of national economic policies on the Union and the euro area as a whole and can be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in the same Article, this Regulation does not go beyond what is necessary to achieve those objectives,
2011/02/16
Committee: ECON
Amendment 171 #

2010/0281(COD)

Proposal for a regulation
Article 1
This Regulation sets out detailed rules for the detection, prevention and correction of macroeconomic imbalances and vulnerabilities within the Union.
2011/02/16
Committee: ECON
Amendment 172 #

2010/0281(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) 'imbalances’ and vulnerabilities means macroeconomic developments which are adversely affecting, or have the potential adversely to affect, the proper functioning of the economy of a Member State or of economic and monetary union, or of the Union as a whole because of the emergence of large current account deficits, significant losses of competitiveness, asset price bubbles, high level of external, public sector or private sector indebtedness, a deterioration of this indebtedness or a significant risk that any of these situations arise.
2011/02/16
Committee: ECON
Amendment 188 #

2010/0281(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) 'excessive imbalances‘ means severe imbalances, including imbalanc and vulnerabilities’ means imbalances and vulnerabilities that jeopardise the proper functioning of economic and monetary union.
2011/02/16
Committee: ECON
Amendment 190 #

2010/0281(COD)

Proposal for a regulation
Chapter 2 – title
Detection of imbalances Detection of imbalances and vulnerabilities
2011/02/16
Committee: ECON
Amendment 192 #

2010/0281(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission shall, after consultation with Member States and the European Parliament, establish an indicative scoreboard as a tool to facilitate early identification and monitoring of imbalances and vulnerabilities (deficit and surplus where relevant).
2011/02/16
Committee: ECON
Amendment 218 #

2010/0281(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators forand allow for comparisons between Member States. The Commission mayshall set indicative lower or upper thresholds for these indicators to serve as alert levels. The indicators and thresholds applicable to Member States whose currency is the euro may be different from those applicable to the other Member States.
2011/02/16
Committee: ECON
Amendment 229 #

2010/0281(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The indicators shall be chosen to capture developments in a Member State's short, medium and long term competitiveness (inter alia through the real exchange rate and current account balance) as well as the overall indebtedness situation of both public and private sectors. The Commission shall adopt, by means of delegated acts in accordance with Article - 12a, and subject to the conditions of Articles -12b and -12c, the list of relevant indicators to be included in the scoreboard. The list of indicators to be included on the scoreboard and the thresholds for the indicators shall be made public.
2011/02/16
Committee: ECON
Amendment 247 #

2010/0281(COD)

Proposal for a regulation
Article 3 a (new)
Article 3a The Commission shall assess and publish other indicators such as unemployment rate, income inequalities, energy consumption, which may adversely affect, or may have the potential to adversely affect the growth strategy of the European Union.
2011/02/16
Committee: ECON
Amendment 299 #

2010/0281(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. If, on the basis of its in-depth review referred to in Article 5 of this Regulation, the Commission considers that a Member State is experiencing imbalances, it shall inform the Council accordingly. The Council, on a recommendationproposal from the Commission, may address the necessary recommendations to the Member State concerned, in accordance with the procedure set out in Article 121(2) of the Treaty.
2011/02/16
Committee: ECON
Amendment 323 #

2010/0281(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. The Council, on a recommendationproposal from the Commission, may adopt recommendations in accordance with Article 121(4) of the Treaty declaring the existence of an excessive imbalance and recommending the Member State concerned to take corrective action. Those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the Member State concerned must take such corrective action. The Council may, as provided for in Article 121(4) of the Treaty, make its recommendations public.
2011/02/16
Committee: ECON
Amendment 363 #

2010/0281(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. If economic circumstances change, the Council, on a recommendationproposal from the Commission, may amend the recommendations adopted under Article 7 in accordance with the procedure laid down in the same Article. The Member State concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in Article 8.
2011/02/16
Committee: ECON
Amendment 378 #

2010/0281(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. Where it concludes that the Member State has not taken the recommended corrective action, the Council, on a recommendationproposal from the Commission, shall adopt revised recommendations in accordance with Article 7, on a recommendationproposal from the Commission, setting another deadline for corrective action by when another assessment in accordance with this Article shall be conducted.
2011/02/16
Committee: ECON
Amendment 381 #

2010/0281(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. Where the Council, upon a proposal from the Commission pursuant to paragraph 4, concludes that the Member State has taken the recommended corrective action, the excessive imbalance procedure shall be held in abeyance.
2011/02/16
Committee: ECON
Amendment 386 #

2010/0281(COD)

Proposal for a regulation
Article 10 – paragraph 5 a (new)
5a. Where the Council, upon a proposal from the Commission pursuant to paragraph 4, concludes that the Member State has not taken the recommended corrective action, it shall impose a fine in accordance with Regulation (EU) No .../2011.
2011/02/16
Committee: ECON
Amendment 390 #

2010/0281(COD)

Proposal for a regulation
Article 11
The excessive imbalance procedure shall be closed once the Council, on a recommendationproposal from the Commission, concludes that the Member State is no longer affected by excessive imbalances.
2011/02/16
Committee: ECON
Amendment 405 #

2010/0281(COD)

Proposal for a regulation
Article -12 d (new)
Article -12 d Review 1. By ***, and every 3 years thereafter, the Commission shall publish a general report on the experience acquired. That report shall evaluate, inter alia: - the adequacy of the system of the scoreboard, the alert mechanism and the in-depth review; - the follow-up process of the corrective action; - the timeframe of the complete process (detection, prevention and correction of the macroeconomic imbalances); - the consistency with the work of the ESRB as well as the respect of its statutes. 2. The report and any accompanying proposals, as appropriate, shall be forwarded to the European Parliament and to the Council. *** 3 years after the entry into force of this regulation
2011/02/16
Committee: ECON
Amendment 90 #

2010/0280(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) The preventive part of the Stability and Growth Pact should ensure that Member States follow sustainable fiscal policies and should ensure minimum quality and consistency of these policies with the economic and monetary union budgetary coordination framework.
2011/02/15
Committee: ECON
Amendment 141 #

2010/0280(COD)

Proposal for a regulation
Recital 7
(7) The obligation to achieve and maintain the medium-term budgetary objective needs to be put into operation, through the specification of principles of prudentsustainable fiscal policy-making.
2011/02/15
Committee: ECON
Amendment 151 #

2010/0280(COD)

Proposal for a regulation
Recital 9
(9) Prudent fiscal policy-making implies thatSufficient progress towards the MTO should be evaluated on the basis of an overall assessment with the structural balance as a reference, including an analysis of expenditure net of discretionary revenue measures. In this regard, and as long as the medium-term objective is achieved, the growth rate of government expenditure doesshould normally not exceed a prudentojected medium-term growth rate of GDPpotential GDP growth, increases in excess of that norm are matched by discretionary increases in government revenues and discretionary revenue reductions are compensated by reductions in expenditure. The projected medium- term rate of potential GDP growth should be calculated according to a commonly agreed methodology.
2011/02/15
Committee: ECON
Amendment 165 #

2010/0280(COD)

Proposal for a regulation
Recital 10
(10) A temporary departure from prudentsustainable fiscal policy-making should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery.
2011/02/15
Committee: ECON
Amendment 173 #

2010/0280(COD)

Proposal for a regulation
Recital 11
(11) In the event of a significant deviation from prudent fiscal-policy a warning should be addressed to the Member State concerned and in case the significant deviation persists or is particularly seriousthe adjustment path towards the medium-term objective, the Commission may request additional reporting from the Member State and a warning should be addressed to the Member State concerned and , a recommendation should be addressed to the Member State concerned setting a deadline to take the necessary corrective measures. The European Parliament may invite the Member State concerned to explain its policies in this respect before its competent committee.
2011/02/15
Committee: ECON
Amendment 180 #

2010/0280(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) An advisory body of persons with recognised competence in economic and fiscal matters shall be established by the Commission. It shall provide a yearly public report on the manner in which the Commission and the Council have conducted their obligations under articles 121, 126 and 136 of the Treaty, under Regulation 1466/97 as amended, under Regulation 1467/97 as amended, under Regulation XXX on the effective enforcement of budgetary surveillance in the euro area; Regulation on enforcement measures to correct excessive macroeconomic imbalances in the euro area; regulation on the prevention and correction of macroeconomic imbalances.
2011/02/15
Committee: ECON
Amendment 185 #

2010/0280(COD)

Proposal for a regulation
Recital 12
(12) In order to ensure compliance with the fiscal surveillance framework of the Union for participating Member States, a specific enforcement mechanism should be established on the basis of Article 136 of the Treaty for cases where a persistent and significant deviation from prudent fiscal policy makingthe adjustment path towards the medium-term objective, lack of action or an unwillingness to cooperate prevails.
2011/02/15
Committee: ECON
Amendment 227 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 1 d (new)
Regulation (EC) No 1466/97
Section 1A a (new)
1d. The following section is inserted: "Section 1Aa NATIONAL OWNERSHIP Article 2aa Each participating Member State shall incorporate the objectives of the Stability and Growth Pact into national law. Participating Member States shall establish a medium- term budgetary framework, with a fiscal planning horizon of at least three years, with a view to helping them produce a meaningful medium-term objective. For participating Member States, independent statistics, national fiscal policy rules and independent budgetary institutes acting in the field of budgetary policy shall ensure an informed national debate on current structural budget positions and on the medium-term objective as set out in this Regulation. Participating Member States shall establish national numerical fiscal rules that effectively promote compliance with their respective obligations deriving from the TFEU. Such national numerical fiscal rules shall be fully consistent with, and complementary to, the medium-term objective. Participating Member States shall elaborate national budgetary frameworks that ensure compliance with the objectives of the Stability and Growth Pact. The elaboration of national budgetary frameworks may be undertaken through national law or by way of political agreement at national level. In elaborating their national budgetary frameworks, each participating Member State shall, where appropriate, go beyond the minimum requirements as specified in Council Directive 2011/.../EU on the requirements for budgetary frameworks of the Member States. Each participating Member State shall endeavour to obtain parliamentary approval. Where there has been no such parliamentary approval, this shall be specified in the stability programme. Member States shall take into account guidance and recommendations from the Council and the Commission, in particular when preparing their budgets, and appropriately involve national parliaments in the economic policy coordination procedures. When submitting the draft budget to the national parliament, Member States shall also submit any opinion of the Council or the Commission on the stability programme and, in the event of significant deviation from sustainable fiscal policy making as referred to in the fourth subparagraph of Article 5(1) of this Regulation, the recommendation of the Commission, accompanied by an explanation of how those opinions and recommendations have been taken into account."
2011/02/15
Committee: ECON
Amendment 281 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 2
The Council, when assessing the adjustment path toward the medium-term budgetary objective, shall examine if the Member State concerned pursues an appropriate annual improvement of its cyclically-adjusted budget balance, net of one-off and other temporary measures, required to meet its medium-term budgetary objective, with 0.5% of GDP as a benchmark. For Member States with a high level of debtlevel of government debt exceeding the 60 % of GDP reference value or with pronounced risks in term of fiscal sustainability or excessive macroeconomic imbalances or both, the Council shall examine whether the annual improvement of the cyclically-adjusted budget balance, net of one-off and other temporary measures is higher than 0.5% of GDP. The Council shall take into account whether a higher adjustment effort is made in economic good times, whereas the effort may be more limited in economic bad times.
2011/02/15
Committee: ECON
Amendment 293 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 3
With a view to ensuring that the medium- term budgetary objective is effectively achieved and maintained, the Council and the Commission shall verify that the growth path of government expenditure, taken in conjunction with the effect of measures being taken or planned on the revenue side, is consistent with prudentsustainable fiscal policy-making.
2011/02/15
Committee: ECON
Amendment 298 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 4 – introductory part
Fiscal policy-making shall be considered prudentsustainable and thereby conducive to the achievement of the medium-term budgetary objective and its maintenancesustainability over time if the following conditions are satisfied:
2011/02/15
Committee: ECON
Amendment 305 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 4 – point a
(a) for Member States that have achieved the medium-term budgetary objective, annual expenditure growth does not exceed a prudentsustainable medium-term rate of GDP growth, unless the excess is matched by discretionary revenue measures;
2011/02/15
Committee: ECON
Amendment 313 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 4 – point b
(b) for Member States that have not yet reached their medium-term budgetary objective, annual expenditure growth does not exceed a rate below a prudentsustainable medium- term rate of GDP growth, unless the excess is matched by discretionary revenue measures. The size of the shortfall of the growth rate of government expenditure compared to a prudentsustainable medium-term rate of GDP growth is set in such a way as to ensure an appropriate and sustainable adjustment towards the medium-term budgetary objective;
2011/02/15
Committee: ECON
Amendment 324 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 5
The prudentreference medium-term ofrate of GDP growth should be assessed on the basis of projections over a ten-year horizon updated at regular intervals. The Commission shall make public a transparent, independent and reasoned assessment of the methodology of those projections.
2011/02/15
Committee: ECON
Amendment 332 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 6
When defining the adjustment path to the medium-term budgetary objective for Member States that have not yet reached this objective and in allowing a temporary deviation from this objective for Member States that have already reached it, under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium-term budgetary objective within the programme period, the Council shall take into account the implementation of major structural reforms, of future- oriented expenditures in the field of research and development, education and major infrastructures which have direct long-term cost-saving effects, including by raising potential growth, and therefore a verifiable impact on the long-term sustainability of public finances.
2011/02/15
Committee: ECON
Amendment 358 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 9
In periods of severe economic downturn of a general nature Member States may be allowed to temporarily depart from the adjustment path implied by prudentsustainable fiscal- policy making referred to in the fourth subparagraph.
2011/02/15
Committee: ECON
Amendment 361 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 2
2. The Council shall carry out the examination ofmmission shall examine the stability programme within at most three months of the submission of the programme. The Council, on a recommendation from the Commission and aAfter consulting the Economic and Financial Committee, the Commission shall, if necessary, deliver an opinion on the programme. WhereIf the Council, in accordance with Article 121 of the Treaty,mmission considers that the objectives and the content of the programme should be strengthened with particular reference to prudentsustainable fiscal policy-making, the Councilmmission shall, in its opinion, invite the Member State concerned to adjust itssuch programme. The Council may reject such a Commission opinion by qualified majority. The Commission opinion shall be made public.
2011/02/15
Committee: ECON
Amendment 372 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 1
1. As part of multilateral surveillance in accordance with Article 121(3) of the TreatyTFEU, the Council and the Commission shall monitor the implementation of stability programmes, on the basis of information provided by participating Member States and of assessments by the Commission and the Economic and Financial Committee, in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium-term budgetary objective, or from the appropriate adjustment path towards it ensuing from deviations from prudentsustainable fiscal-policy making.
2011/02/15
Committee: ECON
Amendment 379 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 2 – first subparagraph
In the event of a significant observed deviation from prudent fiscal-policy makingthe adjustment path towards the medium-term objective referred in the fourth subparagraph of Article 5(1) of this rRegulation, the Commission may request additional reporting from the Member State concerned and in order to prevent the occurrence of an excessive deficit, the Commission, in accordance with Article 121(4) of the Treaty may address a warning to the Member State concerned. TFEU may address a warning to the Member State concerned. Such a warning shall be made public and the European Parliament may invite the Member State concerned to explain its policies before its competent committee. In the event of such significant deviation, the Commission may require additional reporting from the Member State concerned. The Council shall, within one month of any significant deviation as referred to in the first subparagraph, adopt a recommendation for policy measures setting a deadline of no more than five months, for addressing the deviation, on the basis of a Commission recommendation, based on Article 121(4) TFEU. In the event of a particularly significant deviation or in a particularly serious situation, the deadline shall be no more than three months. The Council, on a proposal from the Commission, shall make the recommendation public. The Commission shall monitor the measures contained in the recommendation on the basis of surveillance visits in accordance with Article 6a and prepare a report to the Council. That report may be made public. If the Member State concerned fails to take appropriate action within the deadline specified in a Council recommendation under the second subparagraph, the Council shall immediately adopt a final recommendation setting out the non- compliance of the Member State on the basis of a further Commission recommendation in accordance with Article 121(4) TFEU. At the same time, the Council, on a proposal from the Commission, shall address a formal report to the European Council. The process from the Council recommendation referred to in the second subparagraph to the final Council recommendation and report to the European Council referred to in the fourth subparagraph shall be no longer than six months.
2011/02/15
Committee: ECON
Amendment 389 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 2 – subparagraph 2
An observed deviation from prudent fiscal policy makingthe adjustment path towards the medium-term objective shall be considered significant if the following conditions occur: an excess over thef expenditure growth consistent with prudent fiscal policy-makingover the reference medium-term rate of potential GDP growth, not offset by discretionary revenue-increasing measures; or discretionary revenue- decreasing measures not offset by reductions in expenditure; and the deviation from the annual improvement of the government balance required under article 5.1 has a total impact on the government balance of at least 0.5 % of GDP in one single year or of at least 0.25 % of GDP on average per year in two consecutive years.
2011/02/15
Committee: ECON
Amendment 392 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 5
A deviation from prudentsustainable fiscal policy making shall be considered significant if the following conditions occur: an excess over the expenditure growth consistent with prudentsustainable fiscal policy-making, not offset by discretionary revenue-increasing measures; or discretionary revenue- decreasing measures not offset by reductions in expenditure; and the deviation has a total impact on the government balance of at least 0.5 % of GDP in one single year or of at least 0.25 % of GDP on average per year in two consecutive years.
2011/02/15
Committee: ECON
Amendment 407 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 3
3. In the event that the significant deviation from prudentsustainable fiscal-policy making persists or is particularly serious, the Council, on a recommendation from the Commission, shall address a recommendation to the Member State concerned to take the necessary adjustment measures. The Council, on a proposal from the Commission, shall make the recommendation public may reject such a Commission recommendation by qualified majority. The Council shall make the recommendation public and the European Parliament may invite the Member State concerned to explain its policies before its competent committee.
2011/02/15
Committee: ECON
Amendment 447 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 2
The Council, when assessing the adjustment path toward the medium-term budgetary objective, shall take into account whether a higher adjustment effort is made in economic good times, whereas the effort may be more limited in economic bad times. For Member States with a high level of debtlevel of government debt exceeding the 60 % of GDP reference value or with pronounced risks in term of fiscal sustainability or excessive macroeconomic imbalances or both, the Council shall examine whether the annual improvement of the cyclically- adjusted budget balance, net of one-off and other temporary measures is higher than 0.5% of GDP. For ERM2 Member States, the Council shall examine if the Member State concerned pursues an appropriate annual improvement of its cyclically adjusted balance, net of one-off and other temporary measures, required to meet its medium- term budgetary objective, with 0.5% of GDP as a benchmark.
2011/02/15
Committee: ECON
Amendment 459 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 3
With a view to ensuring that the medium- term budgetary objective is effectively achieved and maintained, the Council and the Commission shall verify that the growth path of government expenditure, taken in conjunction with the effect of the measures being taken or proposed on the revenue side, is consistent with prudentsustainable fiscal-policy making.
2011/02/15
Committee: ECON
Amendment 463 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 4 – introductory part
Fiscal-policy making shall be considered prudentsustainable and thereby conducive to the achievement of the medium-term budgetary objective and its maintenancesustainability over time if the following conditions are satisfied:
2011/02/15
Committee: ECON
Amendment 471 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 4 – point a
(a) for Member States that have achieved the medium-term budgetary objective, annual expenditure growth does not exceed a prudentsustainable medium-term rate of GDP growth, unless the excess is matched by discretionary revenue measures;
2011/02/15
Committee: ECON
Amendment 476 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 4 – point b
(b) for Member States that have not yet reached their medium-term budgetary objective, annual expenditure growth does not exceed a rate below a prudentsustainable medium- term rate of GDP growth, unless the excess is matched by discretionary revenue measures. The size of the shortfall of the growth rate of government expenditure compared to a prudentsustainable medium-term rate of GDP growth is set in such a way as to ensure an appropriate and sustainable adjustment towards the medium-term budgetary objective;
2011/02/15
Committee: ECON
Amendment 486 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 5
The prudentreference medium-term of rate of GDP growth should be assessed on the basis of projections over a ten-year horizon updated at regular intervals. The Commission shall make public a transparent, independent and reasoned assessment of the methodology of those projections.
2011/02/15
Committee: ECON
Amendment 489 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 6
When defining the adjustment path to the medium-term budgetary objective for Member States that have not yet reached this objective and in allowing a temporary deviation from this objective for Member States that have already reached it, under the condition that an appropriate safety margin with respect to the deficit reference value is preserved and that the budgetary position is expected to return to the medium-term budgetary objective within the programme period, the Council shall take into account the implementation of major structural reforms, and of government investment expenditure which have direct long-term cost-saving effects, including by raising potential growth, and therefore a verifiable impact on the long- term sustainability of public finances. The Commission, in collaboration with national fiscal councils, shall define and make public a transparent, independent and reasoned assessment of the methodology for the accounting and auditing of such government investment expenditure. These expenditures, in particular in the field of research and development, education and major infrastructures, shall respect the provisions of the Treaty on State aids and be future oriented.
2011/02/15
Committee: ECON
Amendment 511 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 9
In periods of severe economic downturn of a general nature Member States may be allowed to temporarily depart from the adjustment path implied by prudentsustainable fiscal- policy making referred to in the fourth subparagraph.
2011/02/15
Committee: ECON
Amendment 517 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 2
2. The Council shall carry out the examination of the convergence programme within at most three months of the submission of the programme. The Council, on a recommendation from the Commission and after consulting the Economic and Financial Committee, shall, if necessary, deliver an opinion on the programme. Where the Council, in accordance with Article 121 of the Treaty, considers that the objectives and the content of the programme should be strengthened with particular reference to prudentsustainable fiscal-policy making, the Council shall, in its opinion, invite the Member State concerned to adjust its programme.
2011/02/15
Committee: ECON
Amendment 523 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Regulation (EC) No 1466/97
Article 10 – paragraph 1 – first subparagraph
As part of multilateral surveillance in accordance with Article 121(3) of the Treaty, the Council shall monitor the implementation of convergence programmes, on the basis of information provided by Member States with a derogation and of assessments by the Commission and the Economic and Financial Committee, in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium-term budgetary objective, or from the appropriate adjustment path towards it, ensuing from deviations from prudentsustainable fiscal-policy making.
2011/02/15
Committee: ECON
Amendment 525 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Regulation (EC) No 1466/97
Article 10 – paragraph 2 – first subparagraph
In the event of a significant deviation from prudentsustainable fiscal-policy making referred to in the fourth subparagraph of Article 9(1) of this Regulation, and in order to prevent the occurrence of an excessive deficit, the Commission, in accordance with Article 121(4) of the Treaty may address a warning toTFEU, may address a warning to the Member State concerned. Such a warning shall be made public and the European Parliament may invite the Member State concerned to explain its policies before its competent committee. In the event of such a significant deviation, the Commission may require additional reporting from the Member State concerned.
2011/02/15
Committee: ECON
Amendment 534 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Regulation (EC) No 1466/97
Article 10 – paragraph 2 – subparagraph 2
An observed deviation from prudent fiscal policy makingthe adjustment path towards the medium-term objective shall be considered significant if the following conditions occur: an excess over thef expenditure growth consistent with prudent fiscal policy-makingover the reference medium-term rate of potential GDP growth, not offset by discretionary revenue-increasing measures; or discretionary revenue- decreasing measures not offset by reductions in expenditure; and the deviation from the annual improvement of the government balance required under article 9.1 has a total impact on the government balance of at least 0.5% of GDP in one single year or of at least 0.25% of GDP on average per year in two consecutive years.
2011/02/15
Committee: ECON
Amendment 555 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 9 f (new)
Regulation (EC) No 1466/97
Article 11 a (new)
9f. The following article 11a is inserted: Article 11a 1. An advisory body of 5 high level persons with recognised competence in economic and fiscal matters shall be established by the Commission. 2. The advisory body shall exercise the reporting obligations referred to in paragraph 3 in complete independence. In exercising these obligations, the members of the advisory body shall neither seek nor take instructions from the Commission, any government or any other institution or body. 3. It shall provide, for the euro area, a yearly public report on the manner in which the Commission and the Council have conducted their obligations under articles 121, 126 and 136 of the Treaty, under Regulation 1466/97 as amended, under Regulation 1467/97 as amended, under Regulation XXX on the effective enforcement of budgetary surveillance in the euro area; Regulation on enforcement measures to correct excessive macroeconomic imbalances in the euro area; regulation on the prevention and correction of macroeconomic imbalances. Upon request from the Commission, the European Central Bank, the Council, the European Parliament or the European Council, this advisory body shall also provide analysis on specific economic or budgetary issues.
2011/02/15
Committee: ECON
Amendment 107 #

2010/0278(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) A system of common eurobonds based on national debts amounting to a certain percentage of Member State specific GDP, and in any case below 60 % of GDP, pooled and merged into a unified sovereign bond market would encourage compliance with the SGP and fiscal orthodoxy. The system of common eurobonds with strict allocation and requirements for the pooled debt alongside remaining national debt would enable enforcement of fiscal discipline by both policy and markets. Such a system ensuring part of the national debt being pooled while the rest remains the sole responsibility of each Member State would result in a system of gradual sanctions and rewards reducing the probability of a crisis.
2011/02/16
Committee: ECON
Amendment 195 #

2010/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1a. In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and the parliaments, governments and other relevant bodies of the Member States, and to ensure greater transparency and accountability, the competent committee of the European Parliament may organise public debates and hearings on macro- economic and budgetary surveillance undertaken by the Council and the Commission.
2011/02/16
Committee: ECON
Amendment 203 #

2010/0278(COD)

Proposal for a regulation
Article 2 a (new)
Article 2a [European Monetary Fund] A [European Monetary Fund] shall be established with the aim of safeguarding financial stability of the euro area and reinforce budgetary discipline among Member States. The interest earned by the Commission on deposits lodged and fines collected in accordance with [Articles 3, 4 and 5 of this Regulation, Article 12 of Regulation (EC) No 1467/97 and Article 3 of Regulation (EU) No .../2010 on enforcement measures to correct excessive microeconomic imbalances in the euro area] shall be credited to the European Monetary Fund, and shall be: (a) managed under Union rules; and (b) used for the purposes of the current EFSF and ESM and any future structure that will take on their responsibilities. The [EMF] may have additional financial resources through contributions from Member States in accordance with their compliance with the Stability and Growth Pact.
2011/02/16
Committee: ECON
Amendment 114 #

2010/0277(NLE)


Recital 18 a (new)
18a. There is a need for euro area Member States to implement into their national budgetary frameworks several features in addition to the features contained in this Directive for all the Member States. A chapter with specific provisions for the euro area Member States establishes these two features: top- down budgetary processes and independent fiscal councils tasked with providing independent monitoring, analysis, assessments and forecasts. Non euro area Member States can voluntarily incorporate several or all of these additional features into their national budgetary frameworks.’
2011/02/16
Committee: ECON
Amendment 173 #

2010/0277(NLE)


Article 9 – paragraph 1
Annual budget legislation shall be consistent with the provisions stemming from the medium-term budgetary framework. Specifically, revenue and expenditure projections and priorities resulting from the medium-term budgetary framework as specified in Article 8(2) shall constitute the basis for the preparation of the annual budget. Any departure from these provisions shall be duly justified.
2011/02/16
Committee: ECON
Amendment 179 #

2010/0277(NLE)


Article 13 a (new)
Article 13a Specific provisions for the euro area Member States In addition to their obligations under this Directive and without prejudice to them, euro area Member States shall incorporate into their budgetary frameworks: (a) a top-down approach, meaning a budgeting approach that starts off from an agreement on the total spending level that is then allocated in spending allotments for different ministeries or government agencies and thereby supports adherence to spending limits; (b) an independent fiscal council whose task is to provide independent monitoring, analysis, assessments and forecasts in all areas of domestic fiscal policy which may have an impact in the compliance by the euro area Member State with its obligations deriving from Articles 121 and 126 of the Treaty and from any legislation and measures adopted under any of these Articles or under Article 136 of the Treaty. It shall in particular provide assistance to the Commission to determine the methodology for defining the government investment expenditure referred to in article 126, paragraph 3 of the Treaty. 2. Also in addition to their obligations under this Directive and without prejudice to them, non euro area Member States may incorporate any or all of the above features into their budgetary frameworks, on a voluntary basis.
2011/02/16
Committee: ECON
Amendment 185 #

2010/0276(CNS)

Proposal for a regulation – amending act
Article 1 – point 2 – point b
Regulation (EC) No 1467/97
Article 2 – paragraph 1a
1a. When it exceeds the reference value, the ratio of the government debt to gross domestic product (GDP) is to be considered sufficiently diminishing and approaching the reference value at a satisfactory pace in accordance with Article 126 (2) (b) of the Treaty if the differential with respect to the reference value has reduced over the previous three years at a rate of the order of one-twentieth per year. In implementing this differential, the relevant factors for each country, as referred to in paragraph 3, shall be taken into account. For a period of 3 years from [date of entering into force of this Regulation - to be inserted], account shall be taken of the backward-looking nature of this indicator in its application.
2011/02/15
Committee: ECON
Amendment 210 #

2010/0276(CNS)

Proposal for a regulation – amending act
Article 1 – point 2 – point d a (new)
Regulation (EC) No 1467/97
Article 2 – paragraph 5
(d a) paragraph 5 is amended as follows: 5. The Commission and the Council, in all budgetary assessments in the framework of the excessive deficit procedure, shall give due consideration to the implementation of pension reforms introducing a multipillar system that includes a mandatory, fully funded pillar, and of government investment expenditure in accordance with article 126 paragraph 3 of the Treaty. The Commission, in collaboration with national fiscal councils, shall define and make public a transparent, independent and reasoned assessment of the methodology for the accounting and auditing of such government investment expenditure. These expenditures, in particular in the field of research and development, education and major infrastructures, shall respect the provisions of the Treaty on State aids and be future oriented.
2011/02/15
Committee: ECON
Amendment 160 #

2010/0251(COD)

Proposal for a regulation
Recital 9
(9) In order to ensure a comprehensive and effective transparency requirement, it is important to include not only short positions created by trading shares or sovereign debt on trading venues but also short positions created by trading outside trading venues and economic net short positions created by the use of derivatives(whether regulated markets, multilateral trading facilities, systematic internalisers or over-the- counter) and economic net short positions created by the use of derivatives, such as options, futures, contracts for differences and spread bets relating to shares or sovereign debt.
2011/01/20
Committee: ECON
Amendment 171 #

2010/0251(COD)

Proposal for a regulation
Recital 12
(12) In addition to the transparency regime for the disclosurereporting of net short positions in shares, a requirement for the marking of sell orders that are executed on trading venues as short ordersas short orders as observed at the end of the day should be introduced to provide supplementary information about the volume of short sales of shares executed on trading venues. Information about short orders should be collated by the trading venue and published in summary formell orders that result in a short position as observed at the end of the day should be collated by the investment firm and communicated to the competent authority at least daily in order to also help competent authorities and market participants to monitor levels of short selling.
2011/01/20
Committee: ECON
Amendment 195 #

2010/0251(COD)

Proposal for a regulation
Recital 18
(18) Shares are increasingly admitted to trading on different trading venues both within the Union and outside the Union. Many large companies based outside the Union also have shares admitted to trading on a trading venue within the Union. For reasons of efficiency, it is appropriate to exempt securities from certain notification and disclosure requirements,include even the securities where the principal venue for trading of that instrument is outside the Union.
2011/01/20
Committee: ECON
Amendment 202 #

2010/0251(COD)

Proposal for a regulation
Recital 23
(23) Where an adverse event or development extends beyond one Member State or has other cross border implications, close consultation and co- operation between competent authorities is essential. ESA(ESMA) should perform a key co- ordination role in such a situation and try to ensure consistency between competent authorities. The composition of ESA(ESMA) which includes representatives of competent authorities will assist it in its ability to perform such a role.
2011/01/20
Committee: ECON
Amendment 223 #

2010/0251(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point r
(r) "trading venue" means a regulated market or a MTF in the Union, an MTF, or systematic internaliser acting as its capacity as such, and, where appropriate, a system outside the Community with similar functions to a regulated market or MTF;
2011/01/20
Committee: ECON
Amendment 259 #

2010/0251(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. A natural or legal person who has a net short position in relation to the issued share capital of a company that has shares admitted to trading on a trading venue shall notify the relevant competent authoritydetails of the position to ESA (ESMA) whenever the position reaches or falls below a relevant notification threshold referred to in paragraph 2.
2011/01/20
Committee: ECON
Amendment 272 #

2010/0251(COD)

Proposal for a regulation
Article 6 – title
MarkReporting of short orders on trading venuesales to competent authorities
2011/01/20
Committee: ECON
Amendment 275 #

2010/0251(COD)

Proposal for a regulation
Article 6 – paragraph 1
A trading venue that has shares admitted to trading shall establish procedures that ensure that natural or legal persons executing ordersll investment firms within the meaning of Article 4(1) of Directive 2004/39/EC and all members of a regulated market or multilateral trading facility shall include in the transaction reports referred to in Article 25(3) onf the trading venue 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 ordersat Directive a field indicating, for transactions in shares, whether the transaction constitutes a short sale or not. Aggregate information on such short sales shall be made public. The Commission shall adopt, by means of delegated acts in accordance with Article 36 and subject to the conditions of Articles 37 and 38, measures specifying how such aggregate information is to be made public.
2011/01/20
Committee: ECON
Amendment 285 #

2010/0251(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. A natural or legal person who has a net short position in relation to the issued share capital of a company that has shares admitted to trading on a trading venue shall disclose to the publicnotify details of the position to ESA (ESMA) whenever the position reaches or falls below a relevant publication threshold referred to in paragraph 2. ESA (ESMA) shall disclose such positions to the public.
2011/01/20
Committee: ECON
Amendment 296 #

2010/0251(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. A natural or legal person who has any of the following positions shall notify the relevant competent authoritydetails of the position to ESA (ESMA) whenever any such position reaches or falls below a relevant notification threshold for the Member State concerned or the Union:
2011/01/20
Committee: ECON
Amendment 319 #

2010/0251(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The notification of information to a relevant competent authority shall be made in accordance with the system set out in Article 12(1) of Regulation (EC) No 1287/2006.deleted
2011/01/20
Committee: ECON
Amendment 320 #

2010/0251(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. The public disclosure of information set out in Article 7 shall be made in a manner ensuring fast access to information on a non-discriminatory basis. The information shall be made available to the officially appointed mechanism of the home Member State of the issuer of the shares referred to in Article 21(2) of Directive 2004/109/EC of the European Parliament and of the Council21 . 21 OJ L 390, 31.12.2004, p. 38.deleted
2011/01/20
Committee: ECON
Amendment 416 #

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 1 – introductory part
1. Articles 5, 6, 7, to 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm(market maker) that is a member of a relevant trading venue or of a relevant market in a third country, whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2, when it deals as principal in a relevant financial instrument, whether traded on or outside a trading venue, in either or bothone or more of the following capacities and by hedging positions arising out of those dealings:
2011/01/26
Committee: ECON
Amendment 420 #

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point a
(a) by posting firm, simultaneous two way quotes of comparable size and at competitive prices, with the result of providing liquidity on a regular and ongoing basis to the market, such quotes being governed by a publicly disclosed contractual obligation dictating criteria such as presence time, quantity and spread;
2011/01/26
Committee: ECON
Amendment 425 #

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) as part of its usual business, by fulfilling orders initiated by clients or in response to clients' requests to trade, and by hedging positions arising out of those dealingssuch fulfilment of orders being governed by a publicly disclosed contract.
2011/01/26
Committee: ECON
Amendment 429 #

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
2. The Commission may, in accordance with the procedure referred to in Article 39(2), adopt decisions , determining that the legal and supervisory framework of a third country ensures that a market maker or a market authorised in that third country complies with legally binding requirements which are, for the purpose of the application of the exemption set out in paragraph 1, equivalent to the relevant requirements resulting from Title III of Directive 2004/39/EC, from Directive 2003/6/EC of the European Parliament and of the Council22 and Directive 2004/109/EC, and which are subject to effective supervision and enforcement in that third country.
2011/01/26
Committee: ECON
Amendment 430 #

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point b a (new)
(ba) market makers are subject to appropriate regulation and effective supervision;
2011/01/26
Committee: ECON
Amendment 439 #

2010/0251(COD)

Proposal for a regulation
Article 15 – paragraph 5
5. The exemptions referred to in paragraphs 1 and 3 shall only apply where the natural or legal person concerned has first notified the relevant competent authority of its home Member State, in writing that they intend to make use of the exemption. The notification shall be made not less than thirty calendar days before the natural or legal person intends to use the exemption.
2011/01/26
Committee: ECON
Amendment 489 #

2010/0251(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 a (new)
After receiving notification from a competent authority to prohibit or restrict natural or legal persons from engaging in short selling of the financial instrument on the trading venue or otherwise limit transactions in that financial instrument on that trading venue in order to prevent a disorderly decline in the price of the financial instruments under Article 19, ESA (ESMA) may take the necessary measures in accordance with Article 9 of Regulation (EU) No 1095/2010.
2011/01/26
Committee: ECON
Amendment 128 #

2010/0250(COD)

Proposal for a regulation
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on OTC derivatives, central counterparties and trade repositories(Text with EEA relevance)
2011/03/30
Committee: ECON
Amendment 136 #

2010/0250(COD)

Proposal for a regulation
Recital 9
(9) Incentives to promote the use of CCPs have not proven to be sufficient to ensure that standardised OTC derivatives are actually cleared. Mandatory CCP clearing requirements for those OTC derivatives that can be cleared are therefore necessary. In addition, new incentives should be implemented to clear derivatives contracts through CCPs meeting strong prudential requirements. In this respect, exposures vis-a-vis CCPs having access to central bank facilities should be therefore granted a more favourable prudential treatment.
2011/03/30
Committee: ECON
Amendment 144 #

2010/0250(COD)

Proposal for a regulation
Recital 11
(11) Ensuring that the clearing obligation reduces systemic risk requires a process of identification of eligible classes of derivatives that should be subject to that obligation. That process should take into account that not all CCP-cleared OTC derivatives can be considered suitable for mandatory CCP-clearing. Therefore exceptions need to be considered if the systemic risk can be reduced by other means; financial counterparties must be able to explain the rationale for these exclusions and the volume of eligible transactions that would be non centrally cleared should remain at a residual level, as specified by the European supervisory authorities.
2011/03/30
Committee: ECON
Amendment 187 #

2010/0250(COD)

Proposal for a regulation
Recital 23 a (new)
(23 a) ESMA and EBA shall be provided with adequate resources in order to effectively perform the tasks it is allocated in this Regulation.
2011/03/30
Committee: ECON
Amendment 206 #

2010/0250(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) In extreme circumstances, access to central bank liquidity facilities can be the only fully reliable tool for CCPs to properly address financial stress, whereas commercial banks credit lines will be then be far more uncertain. Where feasible and available pursuant to the rules laid down by the relevant central bank of issue, access to central bank liquidity facilities provides for the most adequate and reliable arrangement to manage the liquidity risk of the CCP.
2011/03/30
Committee: ECON
Amendment 290 #

2010/0250(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
A financial counterparty shall clear all OTC derivative contracts which are considered eligible pursuant to Article 4 and are concluded with other financial counterparties in the relevant CCPs listed in the register as referred to in Article 4(4).
2011/03/30
Committee: ECON
Amendment 300 #

2010/0250(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
That clearing obligation shall also apply to financial counterparties and to the non- financial counterparties referred to in Article 7(2) which enter into eligible OTC derivative contracts with third country entities.
2011/03/30
Committee: ECON
Amendment 317 #

2010/0250(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 (new)
A financial counterparty shall clear all eligible derivative contracts pursuant to Article 4 in listed CCPs: resulting exposures shall be subject to differentiated prudential treatment whereas the listed CCP has access to central bank facilities in accordance with the rules laid down by the central bank of issue. EBA shall, in consultation with ESMA and ESCB develop draft standards implementing the differentiated prudential treatment as referred to in paragraph 3 for submission to the Commission by 30 June 2012.
2011/03/30
Committee: ECON
Amendment 342 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point a
(a) reduction of systemic risk in the financial systemthe degree of standardisation of a product’s contractual terms and operational processes;
2011/03/30
Committee: ECON
Amendment 346 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point b
(b) the depth and liquidity of contracts;the market for the product in question; and
2011/03/30
Committee: ECON
Amendment 351 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point c
(c) the availability of pricing information;fair, reliable and generally accepted pricing sources.
2011/03/30
Committee: ECON
Amendment 353 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point d
(d) ability of the CCP to handle the volume of contracts;deleted
2011/03/30
Committee: ECON
Amendment 360 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point e
(e) level of client protection provided by the CCP.deleted
2011/03/30
Committee: ECON
Amendment 370 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Before taking a decision, ESMA shallmay, where appropriate, conduct a public consultation and, where appropriate, consult with consult with the ESCB, the ESRB, the EBA and the competent authorities of third countries.
2011/03/30
Committee: ECON
Amendment 379 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. ESMA shall, on its own initiative and in consultation with the European Systemic Risk Board (ESRB), identify and notify to the Commission the classes of derivatives contracts that should be included in its public register, and eligible for the obligation to clear, but for which no CCP has yet received authoriszation. Having identified such a category of class of derivatives, ESMA shall publish a call for the development of proposals by CCPs to clear them and publish a list for which such a call has been made.
2011/03/30
Committee: ECON
Amendment 381 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 (new)
Once a CCP has decided to come forward with a proposal to clear a contract identified by ESMA, it should approach its competent authority for authorisation as outlined above. Once a competent authority has approved the clearing of a contract identified by ESMA in coordination with the ESCB and the ESRB, it shall inform ESMA as specified in paragraph 1. As ESMA has already preformed its analysis of the class of derivatives and identified the need to submit it to the obligation to clear, it will notify promptly the Commission.
2011/03/30
Committee: ECON
Amendment 385 #

2010/0250(COD)

Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 1 – introductory part
Powers are delegated to the CommissionESMA, in coordination with ESRB, to adopt regulatory technical standards specifying the following:
2011/03/30
Committee: ECON
Amendment 398 #

2010/0250(COD)

Proposal for a regulation
Article 5 – paragraph 1
A CCP that has been authorised to clear eligible OTC derivative contracts shall accept for clearing such contracts on a non- discriminatory basis, regardless of the venue of execution. With regards to listed derivatives, venue of execution offering trading in derivatives contracts shall provide trade feeds to any CCP that has been authorised to clear eligible derivative contracts upon request by the CCP. With regards to listed derivatives and without prejudice to approval by competent authorities of the venue of execution and the CCP, access shall be made possible by the venue of execution within three months of a positive response to a request for access.
2011/03/30
Committee: ECON
Amendment 420 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Financial counterparties shall report to a trade repository registered in accordance with Article 51 the details of any OTC derivative contract they have entered into and any modification or termination. The details shall be reported no later than the working day following the execution, clearing, or modification of the contract.
2011/03/30
Committee: ECON
Amendment 425 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Other entities may report any such modification or termination as referred to in paragraph 1, on behalf of the original counterparties, to the extent that all the details of the contract are reported without duplication.deleted
2011/03/30
Committee: ECON
Amendment 434 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Where a trade repository is not able to record the details of an OTC derivative contract, in exceptional circumstances and on a transitory basis until a trade repository is able to record the information, financial counterparties shall report the details of their positions in those contracts to the competent authority designated in accordance with Article 48 of Directive 2004/39/EC.
2011/03/30
Committee: ECON
Amendment 438 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
The details to be reported to the competent authority shall be at least those that would be reported to the trade repository. In these circumstances, data protection and confidentiality restrictions may impact the ability of the competent authority to share the details in the same manner as a trade repository. Details collected and maintained in this way may prove less useful for its intended purpose than if it were reported to a trade repository.
2011/03/30
Committee: ECON
Amendment 448 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Powers are delegated to the CommissionESMA in coordination with the EBA, the ESCB and the ESRB, to determine the details and type of the reports referred to in paragraphs 1 and 2 for the different classes of derivatives.
2011/03/30
Committee: ECON
Amendment 462 #

2010/0250(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
In order to ensure uniform conditions of application of paragraphs 1 and 2, powers are conferred upon the CommissionESMA in coordination with the EBA, the ESCB and the ESRB to determine format and frequency of the reports referred to in paragraphs 1 and 2 for the different classes of derivatives. The draft implementing standards referred to in the first subparagraph shall be adopted in accordance with [Article 7e] of Regulation …/… [ESMA Regulation].
2011/03/30
Committee: ECON
Amendment 570 #

2010/0250(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The competent authority shall only grant authorisation where it is fully satisfied that the applicant CCP complies with all the requirements set out in this Regulation, the requirements adopted pursuant to Directive 98/26/EC, and following the joint positive opinion of the college referred to in Article 15 and the positive opinion of ESMA in consultation with the EBA and the ESCB.
2011/03/30
Committee: ECON
Amendment 578 #

2010/0250(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
The competent authority of the Mmember State of establishment of a CCP shall establish, manage and chair a college to facilitate the exercise of the tasks referred to in Articles 10, .11, 46 and 48.
2011/03/30
Committee: ECON
Amendment 580 #

2010/0250(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point a
(a) ESMA and EBA;
2011/03/30
Committee: ECON
Amendment 583 #

2010/0250(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point c
(c) the competent authorities responsible for the supervision of the clearing members of the CCP established in the three Member States with the largest contributions to the default fund of the CCP over a period of a year referred to in Article 40 on an aggregate basis;
2011/03/30
Committee: ECON
Amendment 588 #

2010/0250(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point f
(f) the authority responsible for the oversight of the CCP and the central banks of issue of the most relevant EU currencies of the financial instruments cleared and where relevant, the national central banks of the EU responsible for the oversight of the CCP.
2011/03/30
Committee: ECON
Amendment 643 #

2010/0250(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. A CCP established in a third country may provide clearing services to entitieclearing members and their clients established in the Union only where that CCP is recognised by ESMA and, where appropriate, EBA.
2011/03/30
Committee: ECON
Amendment 648 #

2010/0250(COD)

Proposal for a regulation
Article 23 – paragraph 2 – introductory part
2. ESMA, in consultation with EBA and ESCB shall recognise a CCP from a third country, where the following conditions are met:
2011/03/30
Committee: ECON
Amendment 655 #

2010/0250(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point c a (new)
(c a) the risk management standards of the CCP have been reviewed by ESMA and assessed as compliant with the standards set under Title IV.
2011/03/30
Committee: ECON
Amendment 661 #

2010/0250(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. The Commission may adopt a Decision in accordance with the procedure referred to in Article 69(2) and on the basis of a joint opinion provided by ESMA, EBA, ESCB and the competent authorities responsible for the supervision of the three clearing members established in EU Member states with the largest contributions to the default fund of the CCP, determining that the legal and supervisory arrangements of a third country ensure that CCPs authorised in that third country comply with legally binding requirements which are equivalent to the requirements resulting from this Regulation and that these CCPs are subject to effective supervision and enforcement in that third country on an ongoing basis.
2011/03/30
Committee: ECON
Amendment 665 #

2010/0250(COD)

Proposal for a regulation
Article 23 – paragraph 4 – introductory part
4. ESMA, EBA, ESCB and the competent authorities responsible for the supervision of the three clearing members established in EU Member states with the largest contributions to the default fund of the CCP shall establish cooperation arrangements with the relevant competent authorities of third countries whose legal and supervisory frameworks have been recogniszed as equivalent to this Regulation in accordance with paragraph 3. Such arrangements shall specify at least:
2011/03/30
Committee: ECON
Amendment 732 #

2010/0250(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point d
(d) outsourcing does not prevent the exercise of supervisory and oversight functions, including on-site access to related information within the service provider ;
2011/03/30
Committee: ECON
Amendment 733 #

2010/0250(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point e a (new)
(e a) the service provider implements equivalent business continuity requirements to those that would have to be fulfilled by the CCP under its domestic supervisory framework.
2011/03/30
Committee: ECON
Amendment 734 #

2010/0250(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point f
(f) the CCP retains the necessary expertise and resources to evaluate the quality of the services provided, the organisational and capital adequacy of the service provider; and to supervise the outsourced functions effectively and manage the risks associated with the outsourcing and must constantly supervise those functions and manage those risks;
2011/03/30
Committee: ECON
Amendment 738 #

2010/0250(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point i a (new)
(i a) outsourcing does not increase operational risks;
2011/03/30
Committee: ECON
Amendment 739 #

2010/0250(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point i b (new)
(i b) the business provider is subject in its country to the same legal regime as the CCP in terms of business continuity and data protection;
2011/03/30
Committee: ECON
Amendment 740 #

2010/0250(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point i c (new)
(i c) A CCP shall not outsource any operational functions or activities which are essential for adequate risk management. In order to ensure uniform application of this prohibition, the Commission shall adopt, by means of delegated acts in accordance with Article X, and subject to the conditions of Articles Y and Z, the criteria for determining which functions or activities are essential for risk management.
2011/03/30
Committee: ECON
Amendment 896 #

2010/0250(COD)

Proposal for a regulation
Article 49 a (new)
Article 49a User demand and transparency 1. CCPs that enter into interoperability arrangements shall demonstrate a significant user demand for the interoperability arrangement. 2. The clearing members who requested from their CCP the entry into an interoperability arrangement with another CCP shall bear the cost of the link creation. The CCPs to an interoperability arrangement shall communicate the terms and conditions of the interoperability arrangement to their clearing members.
2011/03/30
Committee: ECON
Amendment 897 #

2010/0250(COD)

Proposal for a regulation
Article 50 – paragraph 2
2. The competent authorities shall only grant approval of the interoperability arrangement, where: (a) the requirements set out in Article 49 are met and the technical conditions for clearing transactions under the terms of the arrangement allow for a smooth and orderly functioning of financial markets and that the arrangement does not undermine the effectiveness of supervision; (b) the CCP requesting the arrangement can demonstrate, to the satisfaction of the competent authorities that there is significant end-user demand for the arrangement and that the costs of the arrangement shall be borne by those users; and (c) the CCP has the financial capacity, resources and profitability (current and future) to support the interoperability arrangement.
2011/03/30
Committee: ECON
Amendment 899 #

2010/0250(COD)

Proposal for a regulation
Article 50 – paragraph 3
3. Where a competent authority considers that the requirements set out in paragraph 2 are not met, it shall provide explanations in writing regarding its risk considerations to the other competent authorities and the CCPs involved. It shall also notify ESMA, which shall issue an opinion, in consultation with the EBA and the ESCB, on the effective validity of the risk considerations as grounds for denial of an interoperability arrangement. ESMA's opinion shall be made available to all the CCPs involved. Where ESMA's assessment differs from the assessment of the relevant competent authority, this authority shall reconsider its position, taking into account the opinion of ESMA.
2011/03/30
Committee: ECON
Amendment 900 #

2010/0250(COD)

Proposal for a regulation
Article 50 – paragraph 4
4. By 30 June 2012, ESMA, after consultation with the EBA and the ESCB, shall issue guidelines or recommendations with a view to establishing consistent, efficient and effective assessments of interoperability arrangements, in accordance with the procedure laid down in Article 8 of Regulation …/… [ESMA Regulation]
2011/03/30
Committee: ECON
Amendment 132 #

2010/0207(COD)

Proposal for a directive
Recital 34 a (new)
(34a) In its resolution of 7 July 2010 with recommendations to the Commission on cross-border crisis management in the banking sector (Ferreira report) and in Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority)(Garcia- Margallo y Marfil report), the European Parliament stressed the need for a European mechanism to resolve banking crises.
2011/04/05
Committee: ECON
Amendment 133 #

2010/0207(COD)

Proposal for a directive
Recital 34 b (new)
(34b) The European Parliament stresses the urgent need to set up such a mechanism for banking crisis resolution without prejudice to the protection of depositors through a Deposit Guarantee Scheme.
2011/04/05
Committee: ECON
Amendment 141 #

2010/0207(COD)

Proposal for a directive
Article 1 – paragraph 4 a (new)
4a. Should a European fund for banking crisis resolution be set up, the Commission, supported by the European Banking Authority, shall make sure that the level of protection for depositors remains high.
2011/04/05
Committee: ECON
Amendment 161 #

2010/0207(COD)

Proposal for a directive
Article 3 – paragraph 6 – subparagraph 2 a (new)
The European Banking Authority shall forward to the European Systemic Risk Board (ESRB), on its own initiative or at the request of the ESRB, the information concerning Deposit Guarantee Schemes which is needed for systemic risk analysis.
2011/04/05
Committee: ECON
Amendment 183 #

2010/0207(COD)

Proposal for a directive
Article 5 – paragraph 6
6. The amount referred to in paragraph 1 shall be reviewed periodically by the Commission, supported by the European Banking Authority, at least once every five years. If appropriate, the Commission shall submit to the European Parliament and to the Council a proposal for a Directive to adjust the amount referred to in paragraph 1, taking account in particular of developments in the banking sector and the economic and monetary situation in the Union . The first review shall not take place before 31 December 2015 unless unforeseen events necessitate an earlier review. .
2011/04/05
Committee: ECON
Amendment 216 #

2010/0207(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2
Deposit Guarantee Schemes shall raise the available financial means by regularannual contributions from their members on 30 June and 30 December of each year. This shall not prevent additional financing from other sources. One-off entry fees may not be requested.
2011/04/05
Committee: ECON
Amendment 290 #

2010/0207(COD)

Proposal for a directive
Article 11 – paragraph 4 a (new)
4a. The European Banking Authority shall take account in its risk analyses, and for drawing up draft regulatory standards, of the governance control mechanisms set up by credit institutions. It shall ensure dissemination of best practices via the European financial supervision system.
2011/04/05
Committee: ECON
Amendment 311 #

2010/0207(COD)

Proposal for a directive
Article 19 – paragraph 5
5. The Commission, supported by the [European Banking Authority], shall submit to the European Parliament and to the Council by 31 December 2015 a report on the progress towards the implementation of this Directive. This report should cover notably: - the possibility to determine the target level on the basis of covered deposits, without diminishingtarget level on the basis of covered deposits, with an assessment of the relevance of the percentage set or an assessment of other regulatory options; - the cumulative effect of the regulatory obligations of credit institutions, such as capital requirements; - the impact on the diversity of banking models, bearing in mind the need to safeguard it. All this work shall be carried out in such a way theat protection of depositors is maintained.
2011/04/05
Committee: ECON
Amendment 277 #

2009/2236(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Takes the view that thought should be given to maintaining and updating supply-side management tools for some capital-intensive farming sectors with production cycles stretching over several years (in particular the dairy and wine- growing sectors);
2010/04/29
Committee: AGRI
Amendment 661 #

2009/2236(INI)

Motion for a resolution
Paragraph 56 a (new)
56a. Believes that the European system of aid for the poorest of the poor should remain in place;
2010/04/30
Committee: AGRI
Amendment 719 #

2009/2236(INI)

Motion for a resolution
Paragraph 60
60. Believes that 'green growth' should be at the heart of a new rural development strategy focussing on creating new green jobs through: the development of biomass, biowaste, biogas and small-scale renewable energy production as well as encouraging the production of second-generation biofuels, investing in modernisation and innovation as well as new research and development techniques for adaptation to and mitigation of climate change, providing training and advice to farmers for applying new techniques and to assist young farmers entering the industry, and adding value to high-quality products through promotion and marketing measures and support for projects involving local farming sectors bringing together all the stakeholders in an area, farmers, processors, distributors, research institutes, etc.;
2010/04/30
Committee: AGRI
Amendment 27 #

2009/2173(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission to work within international bodies such as the International Competition Network towards a harmonised definition of competition including in particular all forms of state aid;
2009/12/09
Committee: ECON
Amendment 104 #

2009/2173(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Calls on the Commission to investigate relations between the producers of agricultural goods (in particular dairy produce), intermediate purchasers, distributors and end consumers; calls on the Commission to take appropriate action in the light of the results of this investigation;
2009/12/09
Committee: ECON
Amendment 106 #

2009/2173(INI)

Motion for a resolution
Paragraph 30 b (new)
30b. Deplores the fact that the Commission, in its report, addresses inter- institutional cooperation with the European Parliament only briefly and does not respond to the following requests made by Parliament in its resolution of 10 March 2009: - to review the operation of abusive practices in the services sector, which may prevent small businesses from being able to tender for work; - to clarify the existing competition rules and their practical application in relation to services of general economic interest; - to ensure proper vigilance over competitive behaviour in the Union’s fuel markets; - to take measures supporting pricing competition rather than regulating retail prices in the telecoms sector;
2009/12/09
Committee: ECON
Amendment 381 #

2009/0161(COD)

Proposal for a directive – amending act
Article 3 – point -1 (new)
Directive 2003/6/EC
Article 1 – paragraph 1 –subparagraph 2 a (new)
(-1) In point 1 of the first paragraph of Article 1, the following subparagraph is added: "In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application regarding the different elements of the definition of inside information, in particular its non- public character, referred to in the first subparagraph of this point. The Commission may adopt the draft technical standards referred to in the fourth subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
2010/03/19
Committee: ECON
Amendment 382 #

2009/0161(COD)

Proposal for a directive – amending act
Article 3 – point -1 a (new)
Directive 2003/6/EC
Article 6 – paragraph 10 a (new)
(-1a) In Article 6 the following paragraph is added: 10a. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of: – the requirement, under the first subparagraph of paragraph 1, for an issuer to disclose publicly inside information as soon as possible; – delay of the public disclosure of inside information by an issuer under paragraph 2; – the content and type of person to be included on the list referred to in the third subparagraph of paragraph 3; – the type of transactions to be notified to the competent authority under paragraph 4 of this Article; and the implementing measures to be adopted by the Commission in accordance with the sixth indent of paragraph 10 regarding the fair presentation of recommendation and disclosure of interests or indication of conflict of interests. The Commission may adopt the draft technical standards referred to in this paragraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]".
2010/03/19
Committee: ECON
Amendment 383 #

2009/0161(COD)

Proposal for a directive – amending act
Article 3 – point -1 b (new)
Directive 2003/6/EC
Article 8 – paragraph 1 a (new)
(-1b) In Article 8 the following paragraph is added: "1a. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding: – the price limits and the daily purchase limit calculations relating to buy-backs programme referred to in Article 5 of Commission Regulation (EC) No 2273/2003 of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards exemptions for buy-back programmes and stabilisation of financial instruments1; – the disclosure and reporting of stabilisation of a financial instrument referred to in Article 9 of Regulation (EC) No 2273/2003; and – the ancillary stabilisation of a financial instrument referred to in Article 11 of Regulation (EC) No 2273/2003. The Commission may adopt the draft technical standards referred to in this paragraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]." 1 OJ L 336, 23.12.2003, p.33.
2010/03/19
Committee: ECON
Amendment 396 #

2009/0161(COD)

Proposal for a directive – amending act
Article 5 – point -1 c (new)
Directive 2003/71/EC
Article 4 – paragraph 3 a (new)
(-1c) In Article 4 the following paragraph is added: "3a. In order to ensure uniform application of this Directive, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the exemptions from the obligation to publish a prospectus provided a document is available containing information which is regarded by the competent authority as being equivalent to that normally contained in the prospectus. The Commission may adopt the draft technical standards referred to in this paragraph in accordance with the procedure laid down in Article 7 of Regulation …/…. [ESMA].”
2010/03/19
Committee: ECON
Amendment 397 #

2009/0161(COD)

Proposal for a directive – amending act
Article 5 – point -1 d (new)
Directive 2003/71/EC
Article 5 – paragraph 5 a (new)
(-1d) In Article 5 the following paragraph is added: "5a. In order to ensure uniform application of this Directive, the European Securities and Markets Authority may develop draft technical standards to determine the content and format of the prospectus and its summary as well as: – the conditions of application of the provisions concerning the adaptation to the minimum information given in prospectuses and base prospectuses referred to in Article 23 of Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements1; – the content of the summary referred to paragraph 3; The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation …/…. [ESMA].” 1 OJ L 149, 30.4.2004, p. 1.
2010/03/19
Committee: ECON
Amendment 398 #

2009/0161(COD)

Proposal for a directive – amending act
Article 5 – point -1 e (new)
Directive 2003/71/EC
Article 6 – paragraph 2 a (new)
(-1e) In Article 6 the following paragraph is added: "2a. In order to ensure uniform application of this Directive, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the responsibility attaching to the prospectus. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation …/…. [ESMA].”
2010/03/19
Committee: ECON
Amendment 401 #

2009/0161(COD)

Proposal for a directive – amending act
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – first subparagraph
3. In order to ensure uniform application of this Article and to take account of technical developments on financial markets, the European Securities and Markets Authority shall determine what constitutes a significant new factor, material mistake or inaccuracy referred to in paragraph 1 and shall develop draft technical standards to determine the conditions of application of the obligation to provide a supplement to the prospectus in case of a significant new factor, material mistake or inaccuracy relating to the information included in the prospectus. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
2010/03/19
Committee: ECON
Amendment 147 #

2009/0144(COD)

Proposal for a regulation
Recital 7
(7) The European System of Financial Supervisors should be a network of national and CommunityEuropean Union supervisory authorities, leaving day-to-day supervision of financial market participant at the national level, and according a central role in the supervision ofinstitutions that have no EU dimension at the national level. Colleges of Supervisors shall exert supervision of institutions operating as cross- border groups to colleges of supervisorss that have no EU dimension. The Authority shall gradually take over supervision of institutions with European Union dimension. Greater harmonisation and the coherent application of rules for financial market participantinstitutions and markets across the CommunityUnion should also be achieved. A European Securities and Markets Authority should be established, along with a European Supervisory Authority (Insurance and Occupational Pensions Authority and) and a European Supervisory Authority (Banking) as well as a European BankingSupervisory Authority (the European Supervisory Authorities). Joint Committee). The European Systemic Risk Board shall form part of a European System of Financial Supervision.
2010/03/24
Committee: ECON
Amendment 150 #

2009/0144(COD)

Proposal for a regulation
Recital 14
(14) There is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure, also through a single rulebook, a level playing field and an adequate protection of depositors, investors and consumers across Europe. As a body with highly specialised expertise, it is efficient and appropriate to entrust the Authority, in areas defined by CommunityUnion law, with the elaboration of draft technical standards, which do not involve policy choices. When drafting the technical standards the Authority should take into consideration the different structures and risk profiles of financial institutions. In particular, the Authorities should seek to ensure that unnecessary burden is not placed on financial institutions that are Union-based, member-owned and play an important role with regards to combating social exclusion. The Commission should endorse those draft technical standards in accordance with CommunityUnion law in order to give them binding legal effect. The draft technical standards have to be adopted by the Commission. They would be subject to amendment if, for example, the draft technical standards were incompatible with CommunityUnion Law, would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of CommunityUnion financial services legislation. To ensure a smooth and expedited adoption process for those standards, the Commission should be subject to a time limit for its decision on the endorsement.
2010/03/24
Committee: ECON
Amendment 171 #

2009/0144(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) Non-profit organisations in comparison to well funded and well connected industry representatives, are marginalised in the debate on the future of financial services and in the corresponding decision making process. This disadvantage has to be compensated by adequate funding of their representatives in the Securities and Market Stakeholder group.
2010/03/24
Committee: ECON
Amendment 185 #

2009/0144(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2 a. The Authority shall also act within the field of the activities covered by the legislation referred to in paragraph 2, including matters relating to shareholder rights, corporate governance, auditing, financial reporting, provided that such actions by the Authority are necessary to ensure the effective and consistent application of the legislation referred to in paragraph 2. The Authority shall also take appropriate action in the context of takeover bids, clearing and settlement issues, securitisation, short selling and derivative issues including standardization.
2010/03/24
Committee: ECON
Amendment 200 #

2009/0144(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting protect investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination and (vi) preventing regulatory arbitrage and contributing to a level playing field. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the CommunityUnion law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.
2010/03/24
Committee: ECON
Amendment 204 #

2009/0144(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting protect investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the Community lawEU legislation referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission. It shall undertake an economic analysis of markets to promote the achievement of the Authority's objectives.
2010/03/24
Committee: ECON
Amendment 221 #

2009/0144(COD)

Proposal for a regulation
Article 5 – paragraph 1
The Authority shall have its seat in Paris. Frankfurt.
2010/03/24
Committee: ECON
Amendment 232 #

2009/0144(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point f a (new)
(f a) establish databases in the area of its competence and, where specified in the legislation referred to in Article 1(2). The collected information has to be accessible to all market participants and should contain key information about registered market participants, products, misbehaviour and transactions if obligation of disclosure is specified in the legislation referred to in Article 1(2);
2010/03/24
Committee: ECON
Amendment 235 #

2009/0144(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point f b (new)
(f b) foster investor protection, in particular by ensuring the enforcement of the harmonized EU regulations on product disclosure and selling processes to all retail investors for all retail investment products and services. EBA and EIOPA shall provide all the necessary support and cooperation to enable ESMA to properly execute this task;
2010/03/24
Committee: ECON
Amendment 241 #

2009/0144(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) prohibit the trading of certain products or types of transactions to prevent damage to investor protection, the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union;
2010/03/24
Committee: ECON
Amendment 253 #

2009/0144(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
For that purpose, the Authority shall have appropriate powers of investigation and enforcement as specified in the relevant legislation, as well as the possibility of charging fees. The Authority may use the facilities and powers of the competent authorities to execute the exclusive supervisory powers and carry out investigations.
2010/03/24
Committee: ECON
Amendment 256 #

2009/0144(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 a (new)
The Authority shall execute any exclusive supervisory powers over Central Clearing Houses as well as over Credit Rating Agencies pursuant to Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies1. __________ 1 OJ L 302, 17.11.2009, p.1.
2010/03/24
Committee: ECON
Amendment 263 #

2009/0144(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
1. The Authority may develop technical standards into complete and modify elements theat areas specifically set out in not essential to the legislationve acts referred to in Article 1(2). The Authority shtechnicall submit its draft standards to the Commission for endorsementtandards do not represent strategic decisions and their content shall be limited by the legislation on which they are based.
2010/03/24
Committee: ECON
Amendment 270 #

2009/0144(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Before submitting them to the Commission, the Authority shall, where appropriate,The Authority shall conduct open public consultations on technical standards and analyse the potential related costs and benefits before adopting draft technical standards. The Authority shall also request an opinion or advice of the Securities and Market Stakeholder Group referred to in Article 22.
2010/03/24
Committee: ECON
Amendment 272 #

2009/0144(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 a (new)
Drafting technical standards the Authority shall take into consideration the full variety of different players on financial markets and the different effects of the standards on all sorts of market participants.
2010/03/24
Committee: ECON
Amendment 273 #

2009/0144(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2 b (new)
The Authority shall submit its draft standards to the Commission for endorsement and at the same time to the European Parliament and the Council.
2010/03/24
Committee: ECON
Amendment 275 #

2009/0144(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse, reject or amend the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requireshall inform the European Parliament and the Council of its decision, stating the reasons.
2010/03/24
Committee: ECON
Amendment 281 #

2009/0144(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Where the Commission does not endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasons.deleted
2010/03/24
Committee: ECON
Amendment 289 #

2009/0144(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. The standardsCommission shall be adopted by the Commission by means of Regulations or Decisions and published in the Official Journal of the European Un delegated acts in accordance with Articles 7a to 7d, designed to establish the technical standards referred to in paragraph 1. Those acts shall be in the form of regulations or decisions.
2010/03/24
Committee: ECON
Amendment 298 #

2009/0144(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
The Authority shall conduct open public consultations on guidelines and recommendations and analyse the potential related costs and benefits. The Authority shall also request an opinion or advice of the Securities and Markets Stakeholder Group referred to in Article 22.
2010/03/24
Committee: ECON
Amendment 377 #

2009/0144(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. The Authority may issue technical standards, guidelines and recommendations adopted under Articles 7 and 8 to harmonise supervisory functioning and best practices adopted by the colleges of supervisors.
2010/03/24
Committee: ECON
Amendment 387 #

2009/0144(COD)

Proposal for a regulation
Article 13 – paragraph 3 a (new)
3 a. The Authority may assign the tasks and responsibilities of the prudential supervision of financial institutions with EU dimension as referred to in Article 12a to the competent authorities in the Member States.
2010/03/24
Committee: ECON
Amendment 391 #

2009/0144(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point c
(c) contribute to developing high quality and uniform supervisory standards, including accounting and reporting standards;
2010/03/24
Committee: ECON
Amendment 402 #

2009/0144(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point 4 a (new)
(4a) taking all appropriate measures in situations of financial instability and crisis with a view to facilitating the coordination of actions undertaken by relevant national competent supervisory authorities;
2010/03/24
Committee: ECON
Amendment 409 #

2009/0144(COD)

Proposal for a regulation
Article 18 – paragraph 1
Without prejudice to the competences of the Community Institutions, tThe Authority mayshall develop contacts with supervisory authorities from third countries. It may enter into administrative arrangements with international organisations and the administrations of third countries.
2010/03/24
Committee: ECON
Amendment 410 #

2009/0144(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
The Authority shall contribute in the representation of the European Union in all international fora concerning the regulation and supervision of the institutions falling under the legislation referred to in Article 1(2).
2010/03/24
Committee: ECON
Amendment 411 #

2009/0144(COD)

Proposal for a regulation
Article 18 – paragraph 2 a (new)
The Commission shall adopt delegated acts in accordance with Articles 7a to 7d for the purpose of making equivalence assessments referred to in the second paragraph.
2010/03/24
Committee: ECON
Amendment 418 #

2009/0144(COD)

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
The Authority may also request information to be provided at recurring intervals. Those requests shall use common reporting formats to be fulfilled, where appropriate, at a consolidated level.
2010/03/24
Committee: ECON
Amendment 424 #

2009/0144(COD)

Proposal for a regulation
Article 21 – paragraph 2
2 The Authority shall cooperate closely with the ESRB. It shall provide the ESRB with regular and up-to-date information necessary for the achievement of its tasks. Any data necessary for the achievement of its tasks that are not in summary or collective form shall be provided without delay to the ESRB upon a reasoned request, as specified in Article [15] of Regulation (ECU) No …./… [ESRB]. The Authority shall develop an adequate protocol for the disclosure of confidential information regarding individual financial institutions.
2010/03/24
Committee: ECON
Amendment 426 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. For the purpose of consultation with stakeholders in areas relevant to the tasks of the Authority, a Securities and Markets Stakeholder Group shall be established. The Stakeholder Group shall be consulted on all relevant decisions and actions of the authority. If case of urgency immediate consultation is impossible, the Stakeholder Group has to be informed about the decision as quick as possible.
2010/03/24
Committee: ECON
Amendment 436 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 1
2. The Securities and Markets Stakeholder Group shall be composed of 30 members, representing in balanced proportions CommunityUnion financial market participants, their employees as well as consumers, investors and users of financial services.
2010/03/24
Committee: ECON
Amendment 438 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 1 a (new)
Not less than 5 of the members shall be independent top-ranking academics.
2010/03/24
Committee: ECON
Amendment 439 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 1 b (new)
The number of members representing professional market participants including their employees shall not exceed 15. At least 5 of them have to be representatives of the employees.
2010/03/24
Committee: ECON
Amendment 443 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 2 - subparagraph 2
The Securities and Markets Stakeholder Group shall meet at least twice a yearquarterly.
2010/03/24
Committee: ECON
Amendment 445 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 3 - subparagraph 2
In making its decision, the Board of Supervisors shall, to the extent possible, ensure an appropriate geographical balance and representation of stakeholders across the Community.deleted
2010/03/24
Committee: ECON
Amendment 451 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 3 - subparagraph 3 a (new)
Adequate financial compensation shall be established for members of the stakeholder group representing non-profit organisations.
2010/03/24
Committee: ECON
Amendment 458 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. The Securities and Markets Stakeholder Group mayshall submit opinions and advice to the Authority on any issue related to the tasks of the Authority specified in Articles 7 and 8. Any conflict of interest of members of the Securities and Market Stakeholder Group has to be disclosed whenever the Stakeholder Group issues opinions and advice.
2010/03/24
Committee: ECON
Amendment 467 #

2009/0144(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The Securities and Markets Stakeholder Group shall adopt its rules of procedure and designate its chairperson from amongst its members.
2010/03/24
Committee: ECON
Amendment 471 #

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any waydirectly in a significant manner on the fiscal responsibilities of Member States.
2010/03/24
Committee: ECON
Amendment 480 #

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and the Commission within one monthten working days after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
2010/03/24
Committee: ECON
Amendment 485 #

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
In its notification, the Member State shall justify why and clearly demonstrate howprovide an impact assessment on how much the decision impinges on its fiscal responsibilities.
2010/03/24
Committee: ECON
Amendment 496 #

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by shall take a decision whether the Authority's decision is maintained or revoked on the basis of a qualified majority of its members, as defined in Article 20516(4) of the Treaty, shall, within two months, decide whether the Authority's decision is maintained or revoked on European Union and in Article 3 of the Protocol (No 36) on transitional provisions annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, at a meeting no later than two months after the Authority has informed the Member State as set out in subparagraph 4.
2010/03/24
Committee: ECON
Amendment 512 #

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
2010/03/24
Committee: ECON
Amendment 524 #

2009/0144(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point f a (new)
(f a) two representatives of the Securities and Market Stakeholder Group who shall be non- voting. Not more than one of them has to be a representative of the professional market participants or their employees.
2010/03/24
Committee: ECON
Amendment 582 #

2009/0144(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3a. Only those supervisory authorities included in the European System of Financial Supervisors shall be entitled to supervise financial institutions operating in the European Union.
2010/03/24
Committee: ECON
Amendment 627 #

2009/0144(COD)

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1 a (new)
The Commission shall draft its report taking into account the proposals made by the Securities and Market Stakeholder Group, the Board of Supervisors, and the Joint Committee. Those proposals shall be annexed to the report published by the Commission.
2010/03/24
Committee: ECON
Amendment 630 #

2009/0144(COD)

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1 b (new)
The Commission's report shall evaluate inter alia: the degree of convergence in supervisory standard practices reached by national authorities; the functioning of the colleges of supervisors; the supervision mechanism of cross-border institutions, in particular the ones with an EU dimension; the functioning of Article 23 on safeguarding and regulatory and supervisory convergence in the fields of crisis management and resolution in the Union.
2010/03/24
Committee: ECON
Amendment 633 #

2009/0144(COD)

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 2
That report shall also evaluate progress achieved towards regulatory and supervisory convergence in the fields of crisis management and resolution in the CommunUnion. The report shall also evaluate the efficiency of the whole European Supervisory Authorities System and the budgetary needs of the Authority respecting increasing responsibilities, powers and tasks of the Authority. The evaluation shall be based on extensive consultation, including with the Securities and Markets Stakeholder Group.
2010/03/24
Committee: ECON
Amendment 152 #

2009/0143(COD)

Proposal for a regulation
Recital 1
(1) The financial crisis in 2007/2008 exposed important shortcomings in financial supervision, both in particular cases and in relation to the financial system as a whole. Nationally-based supervisory models have lagged behind the integrated and interconnected reality of European financial markets, in which many financial firms operate across borders. The crisis exposed shortcomings in the area of cooperation, coordination, consistent application of CommunityUnion law and trust between national supervisors. (This amendment applies throughout the text.)
2010/03/23
Committee: ECON
Amendment 153 #

2009/0143(COD)

Proposal for a regulation
Recital 7
(7) The European System of Financial Supervisors should be a network of national and Community supervisory authorities, leaving day-to-day supervision of financial institutions that the national level, and according a central role in thedo not have a Union dimension to the national level. Colleges of supervisors should exert supervision ofver cross-border groups to colleges of supervisorsinstitutions that do not have a Union dimension. The European Supervisory Authority should gradually take over supervision of financial institutions with a Union dimension. Greater harmonisation and the coherent application of rules for financial institutions and markets across the CommunityUnion should also be achieved. A European BankingSupervisory Authority (Insurance and Occupational Pensions) (the Authority) should be established, along with a European Insurance and Occupational PensionsSupervisory Authority (Banking) and a European Securities and Markets Authority (the European Supervisory Authorities)upervisory Authority (Securities and Markets as well as a European Supervisory Authority (Joint Committee). The European Systemic Risk Board should form part of a European System of Financial Supervision.
2010/03/23
Committee: ECON
Amendment 154 #

2009/0143(COD)

Proposal for a regulation
Recital 9
(9) The European Insurance and Occupational Pensions Authority ("the Authority")Authority should act with a view to improving the functioning of the internal market, including in particular by ensuring a high, effective and consistent level of regulation and supervision taking account of the varying interests of all Member States, to prevent regulatory arbitrage and guarantee a level playing field, to protect policyholders and other beneficiaries, to ensure the integrity, efficiency and orderly functioning of financial markets, to safeguard the stability of the financial system, to promote supervisory convergence and to strengthen international supervisory coordination while taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness, for the benefit of the economy at large, including financial institutions and other stakeholders, consumers and employees. In order to be able to fulfil its objectives, it is necessary and appropriate that the Authority should be a CommunityUnion body having legal personality and it should have legal, administrative and financial autonomy.
2010/03/23
Committee: ECON
Amendment 155 #

2009/0143(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) In Case C-217/04, United Kingdom v. European Parliament and Council of the European Union, the Court of Justice held that: “nothing in the wording of Article 95 TEC implies that the addressees of the measures adopted by the Community legislature on the basis of that provision can only be the individual Member States. The legislature may deem it necessary to provide for the establishment of a Community body responsible for contributing to the implementation of a process of harmonization in situations where, in order to facilitate the uniform implementation and application of acts based on that provision, the adoption of non-binding supporting and framework measures seems appropriate1”. Measures adopted under Article 95 of the EC Treaty (now, Article 114 of the Treaty on the Functioning of the European Union) may take the form of directives or regulations. For instance, the European Network and Information Security Agency was established by Regulation (EC) No 460/2004 of 10 March 20042 and also the Authority will be established by a regulation. 1 Judgment of 2 May 2006, at paragraph 44. 2 OJ L 77, 13.3.2004, p.1.
2010/03/23
Committee: ECON
Amendment 157 #

2009/0143(COD)

Proposal for a regulation
Recital 14
(14) The process for the development of technical standards in this regulation is without prejudice to the Commission's powers to adopt on its own initiative implementing measures under comitology procedures at level 2 of the Lamfalussy structure as laid out in the relevant Community legislation. The matters concernCommission should endorse those draft technical standards in order to give them binding legal effect. They will be subject to amendment if, for example, they are incompatible with Union law, do not respect the principle of proportionality or run counter to the fundamental principles of the internal market for financial services as reflected byin the technical standards do not involve policy decisions, and their content is framed by the Community acts adopted at Level 1. Development of the draftacquis of European Union financial services legislation. To ensure a smooth and expeditious adoption process for those standards by, the Authority ensures that they fully benefit from the specialised expertise of national supervisory authoritiesCommission should be subject to a time limit for its decision on the endorsement.
2010/03/23
Committee: ECON
Amendment 158 #

2009/0143(COD)

Proposal for a regulation
Recital 15
(15) In areas not covered by technical standards, the Authority should have the power to issue non-binding guidelines and recommendations on the application of CommunityEU legislation. In order to ensure transparency and strengthen compliance by national supervisory authorities with those guidelines and recommendations, national authorities should be obliged to state their reasons where they do not comply with those guidelines and recommendations publicly in order to be fully transparent with market participants. In areas not covered by technical standards, the Authority should establish and promulgate best practices.
2010/03/23
Committee: ECON
Amendment 159 #

2009/0143(COD)

Proposal for a regulation
Recital 18
(18) Where the national authority does not comply with the recommendation, the Commission should be empowered to within a deadline fixed by the Authority, the Authority should address a Decision without delay to the national supervisory authority concerned in order to ensure compliance with CommunityEU law, creating direct legal effects which can be invoked before national courts and authorities and enforced under Article 22658 of the Treaty on the Functioning of the European Union..
2010/03/23
Committee: ECON
Amendment 163 #

2009/0143(COD)

Proposal for a regulation
Recital 20
(20) Serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the CommunityUnion require a swift and concerted response at CommunityUnion level. The Authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation. As the determination of an emergency situation involves a significant degree of discretion, this power should be conferred on the CommissThe European Systemic Risk Board should establish the existence of an emergency situation. To ensure an effective response to the emergency situation, in the event of inaction by the competent national supervisory authorities, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of CommunityUnion law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets.
2010/03/23
Committee: ECON
Amendment 167 #

2009/0143(COD)

Proposal for a regulation
Recital 21
(21) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different Member States, the Authority should be able to settle disagreements between those competent authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the competent authorities may reach an agreement. The Authority's competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of CommunityUnion law in supervisory decisions. Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of CommunityUnion law directly applicable to them. This also applies to disagreements within a college of supervisors.
2010/03/23
Committee: ECON
Amendment 169 #

2009/0143(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) The crisis has exposed major fault lines in existing approaches to supervision of cross-border financial institutions, particularly the biggest and most complex institutions the bankruptcy of which is capable of producing systemic damages. Those fault lines arise from the different areas of activity of the financial institutions on the one hand and from the supervisory bodies on the other. The institutions act in a market without borders while the jurisdiction of the supervisory bodies are limited by national borders.
2010/03/23
Committee: ECON
Amendment 170 #

2009/0143(COD)

Proposal for a regulation
Recital 21 b (new)
(21b) The cooperation mechanism used to solve this asynchrony has clearly been shown to be insufficient. As the Turner Review, published in March 2009, points out, "sounder arrangements require either increased national powers, implying a less open single market, or a greater degree of European integration".
2010/03/23
Committee: ECON
Amendment 171 #

2009/0143(COD)

Proposal for a regulation
Recital 21 c (new)
(21c) The Union solution calls for the reinforcement of the colleges of supervisors in the supervision of cross- border institutions and for the progressive shift of supervisory powers over institutions with a Union dimension to a Union authority. Financial institutions with a Union dimension include those operating cross-border as well as those operating within national territory provided that their bankruptcy could threaten the stability of the Union's single financial market.
2010/03/23
Committee: ECON
Amendment 172 #

2009/0143(COD)

Proposal for a regulation
Recital 21 d (new)
(21d) The national solution implies more host country national powers in regulating and supervising subsidiaries of companies based in other Member States.
2010/03/23
Committee: ECON
Amendment 173 #

2009/0143(COD)

Proposal for a regulation
Recital 21 e (new)
(21e) Colleges of supervisors should have the power to define supervisory rules to foster the coherent application of Union law. The Authority should have full participation rights in colleges of supervisors with a view to streamlining the functioning of the information- exchange process, to foster convergence and consistency across the colleges in the application of Union law. The Authority should act as leader in supervising cross- border financial institutions operating in the Union. The Authority should also have a binding mediation role to solve conflicts between national supervisors.
2010/03/23
Committee: ECON
Amendment 174 #

2009/0143(COD)

Proposal for a regulation
Recital 21 f (new)
(21f) Colleges of supervisors should play an important role in the efficient, effective and consistent supervision of cross-border financial institutions that do not have a Union dimension, but in most cases differences between national standards and practices subsist. There is no point in converging basic financial regulations if the supervisory practices remain fragmented. As the de Larosière Report points out, "competition distortions and regulatory arbitrage stemming from different supervisory practices must be avoided, because they have the potential of undermining financial stability – inter alia by encouraging a shift of financial activity to countries with lax supervision. The supervisory system has to be perceived as fair and balanced".
2010/03/23
Committee: ECON
Amendment 175 #

2009/0143(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) The prudential supervision of institutions with a Union dimension should be entrusted to the European Supervisory Authority (Insurance and Occupational Pensions). National supervisors should act as agents of the European Supervisory Authority (Insurance and Occupational Pensions) and should be bound to the Authority's instructions when they supervise cross- border institutions with a Union dimension.
2010/03/23
Committee: ECON
Amendment 176 #

2009/0143(COD)

Proposal for a regulation
Recital 22 b (new)
(22b) Institutions with a Union dimension should be identified, taking into account international standards.
2010/03/23
Committee: ECON
Amendment 177 #

2009/0143(COD)

Proposal for a regulation
Recital 22 c (new)
(22c) A European Insurance Guarantee Scheme (Scheme) should be established to protect policyholders, beneficiaries and institutions facing difficulties where those could menace the financial stability of the Union's single financial market. The Scheme should be financed through contributions from those institutions, through debt issued by the Scheme or, in exceptional circumstances, through contributions made by the affected Member States in accordance with criteria previously agreed upon (revised Memorandum of Understanding). The contributions to the Scheme should replace those made to the national Insurance Guarantee Schemes.
2010/03/23
Committee: ECON
Amendment 179 #

2009/0143(COD)

Proposal for a regulation
Recital 23
(23) The delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks, foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions. The Regulation should therefore provide a clear legal basis for such delegation. Delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority, while the responsibility for supervisory decisions remains with the delegating authority. By delegation of responsibilities one national supervisory authority, the delegatee, shallould be able to decide upon a certain supervisory matter in its name in lieu of the Authority or in lieu of another national supervisory authority. Delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter. A reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope, of coherence in group supervision, and of optimal use of technical expertise among national supervisory authorities. Relevant CommunityEU legislation may further specify the principles for reallocation of responsibilities upon agreement. The Authority should facilitate and monitor delegation agreements between national supervisory authorities by all appropriate means. It should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate. It should centralise the publication of such agreements to ensure timely, transparent and easily accessible information about agreements for all parties concerned. It should identify and promulgate best practices regarding delegation and delegation agreements..
2010/03/23
Committee: ECON
Amendment 180 #

2009/0143(COD)

Proposal for a regulation
Recital 26
(26) The Authority should actively promote a coordinated CommunityUnion supervisory response, in particular where adverse developments could potentially jeopardisto ensure the orderly functioning and integrity of financial markets or the stability of the financial system in the CommunityUnion. In addition to its powers for action in emergency situations, it should therefore be entrusted with a general coordination function within the European System of Financial Supervisors. The smooth flow of all relevant information between competent authorities should be a particular focus of the Authority's actions.
2010/03/23
Committee: ECON
Amendment 181 #

2009/0143(COD)

Proposal for a regulation
Recital 28
(28) Given the globalisation of financial services and the increased importance of international standards, the Authority should foster the dialogue and cooperation with supervisors outside the Community. It shall fully respect the existing roles and competences of the European Institutions in relrepresent the Union in the dialogue and cooperations with authoritiesupervisors outside the Community and in international forumsUnion.
2010/03/23
Committee: ECON
Amendment 191 #

2009/0143(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) In comparison to well-funded and well-connected industry representatives, non-profit organisations are marginalised in the debate on the future of financial services and in the corresponding decision-making process. This disadvantage has to be compensated for by adequate funding of their representatives in the Insurance and Occupational Pensions Stakeholder group.
2010/03/23
Committee: ECON
Amendment 195 #

2009/0143(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a European Supervisory Authority (Insurance and Occupational Pensions Authority) ("the Authority").
2010/03/23
Committee: ECON
Amendment 204 #

2009/0143(COD)

Proposal for a regulation
Article 1 – paragraph 5
5. The Authority shall form part of a European System of Financial Supervisors, hereinafter referred to as 'ESFS', which shall function as a network of supervisors, as further specified in Article 39.deleted
2010/03/23
Committee: ECON
Amendment 205 #

2009/0143(COD)

Proposal for a regulation
Article 1 – paragraph 6
6. The European Insurance and Occupational Pensions Authority shall co-operate with the European Systemic Risk Board, hereinafter referred to as 'ESRB' as laid down in Article 21 of this Regulation.deleted
2010/03/23
Committee: ECON
Amendment 207 #

2009/0143(COD)

Proposal for a regulation
Article 1 a (new)
Article 1a The European System of Financial Supervision 1. The Authority shall form part of the European System of Financial Supervision, the main objective of which is to ensure that the rules applicable to the financial sector are appropriately implemented, in order to preserve financial stability and thereby to ensure confidence in the financial system as a whole and sufficient protection for the customers of financial services. 2. The European System of Financial Supervision shall comprise the following: (a) the European Systemic Risk Board, established by Regulation (EU) No .../... [ESRB]; (b) the European Supervisory Authority (Securities and Markets) established by Regulation (EU) No .../... [ESMA]; (c) the European Supervisory Authority (Banking) established by Regulation (EU) No …/…[EBA]; (d) the Authority; (e) the European Supervisory Authority (Joint Committee) provided for in Article 40; (f) the authorities in the Member States referred to in Article 1(2) of Regulations (EU) No .../... [ESMA], Regulation (EU) No …/2009 [EIOPA] and Regulation (EU) No …/… [EBA]; (g) the Commission, for the purposes of carrying out the tasks referred to in Articles 7 and 9; 3. The Authority shall cooperate regularly and closely, ensure cross-sectoral consistency of work and arrive at joint positions in the area of supervision of financial conglomerates and on other cross-sectoral issues with the European Systemic Risk Board as well as with the European Supervisory Authority (Banking) and the European Supervisory Authority (Securities and Markets) through the European Supervisory Authorities (Joint Committee) referred to in Article 40. 4. In accordance with the principle of sincere cooperation in accordance with Article 13(2) of the Treaty on European Union, the parties of the ESFS shall cooperate with trust and full mutual respect, in particular in ensuring that appropriate and reliable information flows between them.
2010/03/23
Committee: ECON
Amendment 217 #

2009/0143(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) contribute to a consistent application of CommunityUnion legislation, in particular by contributing to a common supervisory culture, ensuring consistent, efficient and effective application of the legislation referred to in Article 1(2), preventing regulatory arbitrage, mediating and settling disagreements between national supervisory authorities, promotingcompetent authorities, ensuring effective and consistent supervision of financial institutions with a Union dimension and a coherent functioning of colleges of supervisors and taking actions, inter alia, in emergency situations;
2010/03/23
Committee: ECON
Amendment 222 #

2009/0143(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
(fa) prohibit the trading of certain products or types of transactions to prevent damage to investor protection, the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union;
2010/03/23
Committee: ECON
Amendment 223 #

2009/0143(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f b (new)
(fb) establish databases within the area of its competence and where specified in the legislation referred to in Article 1(2). The collected information shall be accessible to all market participants and shall contain key information about registered market participants, products, breaches and transactions if obligation of undisclosure is specified in the legislation referred to in Article 1(2);
2010/03/23
Committee: ECON
Amendment 228 #

2009/0143(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
(fa) prohibit the trading of certain products or types of transaction to prevent damage to investor protection, the orderly functioning and integrity of financial markets or the stability of the whole or part of the Union's financial system;
2010/03/23
Committee: ECON
Amendment 232 #

2009/0143(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
For that purpose, the Authority shall have appropriate powers of investigation and enforcement as specified in the relevant legislation, as well as the possibility of charging fees. The Authority may use the facilities and powers of the competent authorities to execute the exclusive supervisory powers and carry out investigations.
2010/03/23
Committee: ECON
Amendment 238 #

2009/0143(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
1. The Authority may develop technical standards in the areas specifically set out into complete, update and modify elements that are not essential to the legislationve acts referred to in Article 1(2). The Authority shall submit its draft standards to the Commission for endorsementtechnical standards shall not represent strategic decisions and their content shall be limited by the legislative acts on which they are based.
2010/03/23
Committee: ECON
Amendment 241 #

2009/0143(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Before submitting them to the Commission, the Authority shall, where appropriate, conduct open public consultations on technical standards and analyse the potential related costs and benefitsThe Authority shall conduct open public consultations with all stakeholders before issuing guidelines and recommendations and shall analyse the potential related costs and benefits before adopting draft technical standards. The Authority shall request an opinion or advice from the Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group as referred to in Article 22.
2010/03/23
Committee: ECON
Amendment 246 #

2009/0143(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Within three months of receipt of the draft standards, the Commission shall decide whether to endorse, reject or amend the draft standards. The Commission may extend that period by one month. The Commission may endorse the draft standards only in part or with amendments where the Community interest so requireshall inform the European Parliament and the Council of its decision, stating the reasons.
2010/03/23
Committee: ECON
Amendment 257 #

2009/0143(COD)

Proposal for a regulation
Article 7 a (new)
Article 7a Exercise of the delegation 1. The powers to adopt delegated acts laying down technical standards referred to in Article 7 shall be conferred on the Commission for an indeterminate period of time. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 7b to 7d. 4. In the report referred to in Article 35, the Authority shall inform the European Parliament and the Council of the technical standards that have been approved and of any national authorities that have not complied with them.
2010/03/23
Committee: ECON
Amendment 261 #

2009/0143(COD)

Proposal for a regulation
Article 7 b (new)
Article 7b Revocation of the delegation 1. The delegation of power referred to in Article 7 may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and the possible reasons for a revocation. 3. The decision of revocation shall state the reasons for the revocation and shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the technical standards already in force. It shall be published in the Official Journal of the European Union.
2010/03/23
Committee: ECON
Amendment 263 #

2009/0143(COD)

Proposal for a regulation
Article 7 c (new)
Article 7c Objections to Technical standards 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period may be extended by two months. 2. If on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. Before the expiry of that period and in exceptional and duly justified cases, the European Parliament and the Council may both inform the Commission that they do not intend to raise objections to a delegated act. In such cases, the delegated act shall be published in the Official journal of the European Union and shall enter into force at the date stated therein. 3. If the European Parliament or the Council objects to a technical standard, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
2010/03/23
Committee: ECON
Amendment 265 #

2009/0143(COD)

Proposal for a regulation
Article 7 d (new)
Article 7d Non-endorsement or amendment of the draft delegated acts 1. In the event that the Commission does not endorse the draft delegated acts or amends them, the Commission shall inform the Authority, the European Parliament and the Council, stating its reasons. 2. The European Parliament or Council may convene the responsible Commissioner, together with the Chairperson of the Authority, within one month for an ad hoc meeting of the competent committee of the European Parliament or Council to present and explain their differences.
2010/03/23
Committee: ECON
Amendment 269 #

2009/0143(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
The Authority shall conduct public consultations regarding the guidelines and recommendations and shall analyse the potentially related costs and benefits. The Authority shall also request an opinion or advice from the Insurance and Occupational Pensions Stakeholder Group referred to in Article 22.
2010/03/23
Committee: ECON
Amendment 275 #

2009/0143(COD)

Proposal for a regulation
Article 8 – paragraph 3
WIn the re the national supervisory authority does not apply thosport on its activities referred to in Article 32(6), the Authority shall inform the European Parliament, the Council and the Commission of the guidelines orand recommendations it shall inform the Authority of its reasonsthat are issued, stating which national authority has not complied with them and outlining how the Authority intends to ensure compliance in the future.
2010/03/23
Committee: ECON
Amendment 281 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
4. Where the national supervisory authority has not complied with CommunityUnion law within one month fromten working days of receipt of the Authority's recommendation, the Commission may, after having been informed by the Authority or on its own initiative, in accordance with paragraph 3, the Authority shall take a decision requiring the national supervisorycompetent authority to take the action necessary to comply with CommunityUnion law.
2010/03/23
Committee: ECON
Amendment 284 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
The CommissionAuthority shall take such a decision no later than threone months from the adoption of the recommendation. The Commission may extend this period by one month.
2010/03/23
Committee: ECON
Amendment 286 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
The CommissionAuthority shall ensure that the right to be heard of the addressees of the decision is respected.
2010/03/23
Committee: ECON
Amendment 288 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 4
The Authority and the national supervisory authorities shall provide the CommissionAuthority with all necessary information.
2010/03/23
Committee: ECON
Amendment 291 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 5
5. The national supervisory authority shall, within ten working days of receipt of the decision referred to in paragraph 4, inform the Commission and the Authority of the steps it has taken or intends to take to implement the CommissionAuthority's decision.
2010/03/23
Committee: ECON
Amendment 293 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 1
6. Without prejudice to the powers of the Commission under Article 22658 of the Treaty on the Functioning of the European Union, where a national supervisory authority does not comply with the decision referred to in paragraph 4 of this Article within the period of time specified therein, and where it is necessary to remedy in a timely manner the non compliance by the national supervisory authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system, the Authority may, where the relevant requirements ofshall, pursuant to the legislation referred to in Article 1(2) are directly applicable to financial institutions, adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under CommunityUnion law including the cessation of any practice.
2010/03/23
Committee: ECON
Amendment 297 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2
The decision of the Authority shall be in conformity with the decision adopted by the Commission pursuant to paragraph 4.
2010/03/23
Committee: ECON
Amendment 299 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2 a (new)
Where the addressee of the decision refuses to comply with Union law or a specific decision taken by the Authority, the Authority may issue proceedings in the national courts, including applications for interim relief.
2010/03/23
Committee: ECON
Amendment 305 #

2009/0143(COD)

Proposal for a regulation
Article 9 – paragraph 7 a (new)
7a. In its report, the Authority shall set out which national authorities and financial institutions have not complied with the decisions referred to in paragraphs 4 and 6.
2010/03/23
Committee: ECON
Amendment 308 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Community, the CommissionUnion, the ESRB, upon its own initiative or following a request by the Authority, the Council, or the ESRB, may adopt a decEuropean Parliament, the Council, or the Commission addressed to the Authority, determin, may issue a warning declaring the existence of an emergency situation for the purposes of this regulationin order to enable the Authority, without further requirements, to adopt the individual decisions referred to in paragraph 3.
2010/03/23
Committee: ECON
Amendment 314 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. As soon as it issues a warning, the ESRB shall notify it simultaneously to the European Parliament, the Council, the Commission and the Authority.
2010/03/23
Committee: ECON
Amendment 317 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the CommissionESRB has adopted a decision pursuant to paragraph 1, the Authority may adopt individual decisions requiring national supervisory authorities to take the necessary action in accordance with this Regulation and the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial market participants and national supervisory authorities satisfy the requirements laid down in that legislation.
2010/03/23
Committee: ECON
Amendment 318 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the Commission has adopted a decisionexistence of an emergency situation is declared pursuant to paragraph 1, the Authority mayshall adopt individual decisions requiringnecessary to ensure that national supervisory authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and national supervisory authorities satisfy the requirements laid down in that legislation.
2010/03/23
Committee: ECON
Amendment 329 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Without prejudice to the powers of the Commission under Article 22658 of the Treaty, where a national supervisory on the Functioning of the European Union, where a competent authority does not comply with the decision of the Authority referred to in paragraph 2 within the period laid down therein, the Authority may, whereshall, pursuant to the relevant requirements laid down in the legislation referred to in Article 1(2) are directly applicable to financial institutions, adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation, including the cessation of any practice.
2010/03/23
Committee: ECON
Amendment 330 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Without prejudice to the powers of the Commission under Article 22658 of the Treaty on the Functioning of the European Union, where a national supervisory authority does not comply with the decision of the Authority referred to in paragraph 2 within the period laid down therein, the Authority may, whereshall, pursuant to the relevant requirements laid down in the legislation referred to in Article 1(2) are directly applicable to financial market participants, adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under that legislation, including the cessation of any practice.
2010/03/23
Committee: ECON
Amendment 331 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 3 a (new)
3a. Where the addressee of the decision refuses to comply with Union law or a specific decision taken by the Authority, the Authority may issue proceedings in the national courts, including applications for interim relief.
2010/03/23
Committee: ECON
Amendment 335 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4a. The ESRB shall review the decision referred to in paragraph 1 on its own initiative or following a request by the Authority, the European Parliament, the Council or the Commission.
2010/03/23
Committee: ECON
Amendment 336 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4a. The ESRB shall review the decision referred to in paragraph 1 at regular intervals and in any event at the request of the European Parliament or the Authority.
2010/03/23
Committee: ECON
Amendment 338 #

2009/0143(COD)

Proposal for a regulation
Article 10 – paragraph 4 b (new)
4b. In its report, the Authority shall set out the individual decisions addressed to national authorities and financial institutions under paragraphs 3 and 4.
2010/03/23
Committee: ECON
Amendment 345 #

2009/0143(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a national supervisory authority disagrees on the procedure or content of an action or inaction by another national supervisory authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by national supervisory authorities from more than one Member State, the Authority, on its own initiative or at the request of one or more of the national supervisory authorities concerned, mayshall take the lead in assisting the authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4.
2010/03/23
Committee: ECON
Amendment 347 #

2009/0143(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a national supervisory authority disagrees on the procedure or content of an action or inaction by another national supervisory authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by national supervisory authorities from more than one Member State, the Authority, on its own initiative or at the request of one or more of the national supervisory authorities concerned, may take the lead in assisting the authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4.
2010/03/23
Committee: ECON
Amendment 350 #

2009/0143(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. If, at the end of the conciliation phase, the national supervisory authorities concerned have failed to reach an agreement, the Authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter, in compliance with Community lawshall, in accordance with the second subparagraph of Article 29(1), take a decision to settle the disagreement and to require them to settle the matter, in compliance with Union law, with binding effects on the competent authorities concerned.
2010/03/23
Committee: ECON
Amendment 354 #

2009/0143(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Without prejudice to the powers of the Commission under Article 22658 of the Treaty on the Functioning of the European Union, where a national supervisory authority does not comply with the decision of the Authority, and thereby fails to ensure that a financial market participant complies with requirements directly applicable to it by virtue of the legislation referred to in Article 1(2), the Authority mayshall adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under CommunityUnion law, including the cessation of any practice.
2010/03/23
Committee: ECON
Amendment 355 #

2009/0143(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The Authority shall contribute to promote and monitor the efficient, effective and consistent functioning of the colleges of supervisors referred to in Directive 2006/48/EC and foster the coherence of the application of Community legislationUnion law across colleges.
2010/03/23
Committee: ECON
Amendment 358 #

2009/0143(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. The Authority may issue technical standards, guidelines and recommendations adopted under Articles 7 and 8 to harmonise supervisory functioning and best practices adopted by the colleges of supervisors.
2010/03/23
Committee: ECON
Amendment 360 #

2009/0143(COD)

Proposal for a regulation
Article 12 – paragraph 3 b (new)
3b. A legally binding mediation role should allow the new Authorities to solve disputes between national supervisors following the procedure set up in Article 11. Where no agreement can be reached between the supervisors of a cross-border institution, the Authority should be empowered to take supervisory decisions directly applicable to the institution concerned.
2010/03/23
Committee: ECON
Amendment 363 #

2009/0143(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a Supervision of financial institutions with a Union dimension 1. National authorities shall exert prudential supervision of financial institutions with a Union dimension by acting as the agent of and following the instructions given by the Authority, in order to guarantee that the same supervisory rules are applied across the Union. 2. The Authority shall submit its draft supervisory rules to the Commission and, simultaneously, to the European Parliament and the Council. The Commission shall endorse the draft supervisory rules following the procedure set out in Article 7 or 8. 3. A decision taken by the Board of Supervisors in accordance with the procedure set out in Article 29(1) shall identify the significant insurer institutions with a Union dimension. The criteria for identifying such financial institutions shall take into account the criteria established by the Financial Stability Board, the International Monetary Fund and the Bank for International Settlements. 4. The Authority, in collaboration with the European Systemic Risk Board, shall develop an information template for significant insurer institutions in order to ensure a sound management of their systemic risk. 5. To ensure the co-responsibility of insurer institutions with a Union dimension, to protect the interests of Union policyholders and beneficiaries and to reduce the cost to tax payers of a systemic financial crisis, a European Insurance Guarantee Scheme (Scheme) shall be established. The Scheme will also play a role in helping the Union financial institutions facing difficulties when such difficulties are likely to threaten the financial stability of the Union's single financial market. The Scheme shall be financed through contributions from those institutions. Those contributions replace those made to national Insurance Guarantee Schemes of a similar nature. 6. Where the accumulated resources from the contributions made by insurers are not sufficient to solve the crisis, the Scheme shall have the capacity to increase its resources through debt issuance. Member States may, in exceptional circumstances, facilitate the issuance of debt by the Scheme through guarantees, and in exchange of a fee reflecting appropriately the risk assumed. Those guarantees shall be shared by Member States in accordance with the criteria laid down in paragraph 7. 7. Where, in extreme, exceptional circumstances and in the context of a systemic crisis, one or more institutions fail and the resources available are insufficient, the affected Member States will deal with this burden in accordance with principles established in a Memorandum of Understanding (MoU), properly amended. 8. The membership in the Scheme shall replace the membership in the existing national Insurance Guarantee Schemes for the Union financial institutions participating in it. The Scheme shall be managed by a Board appointed by the European Supervisory Authority (Insurance and Occupational Pensions) for a period of five years. The members of the Board shall be elected from staff of the national authorities. The Scheme shall also create a Consultative Board comprising the insurer institutions participating in the Scheme.
2010/03/23
Committee: ECON
Amendment 364 #

2009/0143(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a Supervision of financial institutions with a Union dimension 1. For the supervision of financial institutions with a Union dimension operating in the Union the Authority shall act as leading competent authority. They shall act through national competent authorities who will act as delegated authority. 2. The Commission shall adopt delegated acts in accordance with Articles 7a to 7d, to define the characteristics of financial institutions with a Union dimension. Those acts shall take the form of a decision and shall contain a list of institutions that are considered to be the financial institutions with a Union dimension operating in the Union. 3. The criteria for identifying such financial institutions shall at least include consideration of the following: market share in Member States where the financial institution is active, total assets, market share of total Union assets and EU or non-EU-based ultimate ownership. In the event that such a financial institution spans different sectors, the European Supervisory Authority (Joint Committee) shall decide which part of the Authority shall act as the leading competent authority.
2010/03/23
Committee: ECON
Amendment 365 #

2009/0143(COD)

Proposal for a regulation
Article 12 b (new)
Article 12b Supervision of cross-border financial institutions 1. To ensure the co-responsibility of financial institutions with a Union dimension, to protect European depositors' interests and to reduce the cost to tax payers of a systemic financial crisis, a European Financial Protection Fund (Fund) shall be established. The Fund shall play a role in helping the Union financial institutions facing difficulties where those difficulties could menace financial stability of the Union's single financial market. The Fund shall be financed by contributions from those institutions. The contributions may replace those made to national funds of similar nature. 2. Where the accumulated resources from the contributions made by market participants are not sufficient to solve the crisis, the Fund shall have the capacity to increase its resources through debt issuance. Member States may, in exceptional circumstances, facilitate the issuance of debt by the Fund through guarantees, and in exchange for a fee reflecting appropriately the risk assumed. Those guarantees shall be shared by Member States in accordance with the criteria laid down in paragraph 3 3. When, under extreme, exceptional circumstances and in the context of a systemic crisis, one or more institutions fail, and the resources available are insufficient, the affected Member States shall deal with this burden in accordance with the following criteria: the economic impact of the crisis on the affected Member States and the deposits, assets, distribution of those income flows of the affected institutions. 4. The membership in the Fund shall replace the membership in the existing national schemes for the Union financial institutions participating in it. The Fund shall be managed by a Board appointed by the European Supervisory Authority (Securities and Markets) for a period of five years. The members of the Board shall be elected from staff of the national authorities. The Fund shall also create a Consultative Board comprising the financial institutions participating in the Fund.
2010/03/23
Committee: ECON
Amendment 372 #

2009/0143(COD)

Proposal for a regulation
Article 13 – paragraph 3 a (new)
3a. No bilateral agreements concerning delegation to institutions that are identified as significant cross-border financial institutions pursuant to Article 12a shall be entered into.
2010/03/23
Committee: ECON
Amendment 381 #

2009/0143(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. On the basis of the peer review the Authority may issue guidelines and recommendations to the national supervisory authorities concernepursuant to Article 8 to the competent authorities concerned, or adopt a decision addressed to competent authorities or adopt draft technical standards in accordance with Articles 7 to 7d.
2010/03/23
Committee: ECON
Amendment 387 #

2009/0143(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point 4 a (new)
(4a) taking all appropriate measures in situations of financial instability and crisis with a view to facilitating the coordination of actions undertaken by relevant national competent supervisory authorities.
2010/03/23
Committee: ECON
Amendment 388 #

2009/0143(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point 4 b (new)
(4b) acting as the central recipient of regulatory reporting for institutions active in more than one Member Sates. Upon receipt of the reports, the Authority will share the information with the competent national authorities.
2010/03/23
Committee: ECON
Amendment 391 #

2009/0143(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. The Authority shall ensure an adequate coverage of cross-sectoral developments, risks and vulnerabilities by closely cooperating with the European BankingSupervisory Authority (Banking) and the European Securities and Markets Authorityupervisory Authority (Securities and Markets) and the European Supervisory Authority (Joint Committee).
2010/03/23
Committee: ECON
Amendment 394 #

2009/0143(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
The Authority shall contribute to the representation of the European Union in all international fora concerning the regulation and supervision of the institutions falling under the legislation referred to in Article 1(2).
2010/03/23
Committee: ECON
Amendment 395 #

2009/0143(COD)

Proposal for a regulation
Article 18 – paragraph 2
The Authority shall assist in preparing equivalence decisions pertaining to supervisory regimes in third countries in accordance with the legislation referred to in Article 1(2). The Commission shall adopt delegated acts in accordance with Articles 7a to 7d, for the purpose of making assessments of equivalence referred to in this Article.
2010/03/23
Committee: ECON
Amendment 396 #

2009/0143(COD)

Proposal for a regulation
Article 18 – paragraph 2 a (new)
The Commission shall adopt delegated acts in accordance with Articles 7a to 7d for the purpose of making equivalence assessments referred to in the second paragraph.
2010/03/23
Committee: ECON
Amendment 398 #

2009/0143(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. On the basis of Joint Guidelines, the Authority may conduct the change of assessment procedure under Directive 2007/44/EC. Upon receipt of the notification, the Authority will coordinate with the relevant national authorities.
2010/03/23
Committee: ECON
Amendment 400 #

2009/0143(COD)

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
The Authority may also request information to be provided at recurring intervals. Those requests shall use common reporting formats to be fulfilled, where appropriate, at a consolidated level.
2010/03/23
Committee: ECON
Amendment 407 #

2009/0143(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3a. On a request from a national supervisory authority of a Member State the Authority may provide any such information that is necessary to enable the national authority to carry out its duties, provided the national authority in question has appropriate confidentiality arrangements in place.
2010/03/23
Committee: ECON
Amendment 408 #

2009/0143(COD)

Proposal for a regulation
Article 21 – paragraph 6
6. In discharging its tasks set out in this regulation, the Authority shall take the utmost account of the warnings and recommendations of the ESRB.
2010/03/23
Committee: ECON
Amendment 410 #

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. For the purpose of consultation with stakeholders in areas relevant to the tasks of the Authority, an Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group shall be established. The Stakeholder Group shall be consulted on all relevant decisions and actions of the authority. If case of urgency immediate consultation is impossible, the Stakeholder Group has to be informed about the decision as quick as possible.
2010/03/23
Committee: ECON
Amendment 413 #

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
2. The Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group shall be composed of 30 members, representing in balanced proportions CommunityUnion insurance and reinsurance firms as well as occupational pension funds, their employees as well as consumers and users of the insurance, reinsurance and occupational pension services. Not less than 5 of the members shall be independent top-ranking academics. The number of members representing professional market participants including their employees shall not exceed 15. At least 5 of them have to be representatives of the employees.
2010/03/23
Committee: ECON
Amendment 417 #

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
2. The Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group shall be composed of 30 members, representing in balanced proportions Community insurance and reinsurance firms as well as occupational pension fundUnion credit and investment institutions, their employees as well as consumers and, users of the insurance, reinsurance and occupational pension servicebanking services and representatives of SMEs. Not less than 5 of the members shall be independent top- ranking academics. The number of members representing market participants shall not exceed 10. Not less than 10 members shall be elected by SME organisations.
2010/03/23
Committee: ECON
Amendment 429 #

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 3
The Authority shall ensure adequate secretarial support for the Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group. Adequate financial compensation shall be established for members of the stakeholder group representing non-profit organisations.
2010/03/23
Committee: ECON
Amendment 439 #

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. The Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group mayshall submit opinions and advice to the Authority on any issue related to the tasks of the Authority specified in Articles 7 and 8. Any conflict of interest of members of the Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group has to be disclosed whenever the Stakeholder Group issues opinions and advice.
2010/03/23
Committee: ECON
Amendment 442 #

2009/0143(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. The Insurance, Reinsurance and Occupational Pension Funds Stakeholder Group mayshall submit opinions and advice to the Authority on any issue related to the tasks of the Authority specifiedwith particular focus on the tasks set out in Articles 7 and 8.
2010/03/23
Committee: ECON
Amendment 454 #

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any waydirectly in a significant manner on the fiscal responsibilities of Member States.
2010/03/23
Committee: ECON
Amendment 460 #

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
In its notification, the Member State shall justify why and clearly demonstrate howprovide an impact assessment on how much the decision impinges on its fiscal responsibilities.
2010/03/23
Committee: ECON
Amendment 462 #

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, wi shall take a decision whether the Authority's decision is maintained or revoked on the basis of a qualified majority of its member not taking into account the vote of the member of the Council representing the Member State concerned no later thian two months, decide whether the Authority's decision is maintained or revok after the Authority has informed the Member State as set out in the fourth subparagraph. A qualified majority shall be defined as at least 55% of the members of the Council excluding the Member State concerned, comprising at least fourteen of them representing Member States comprising at least 65% of the population of the Union excluding the population of the Member State concerned.
2010/03/23
Committee: ECON
Amendment 472 #

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 205 of the Treatyparagraph 2 subparagraph 5, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
2010/03/23
Committee: ECON
Amendment 478 #

2009/0143(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point f a (new)
(fa) two representatives of the Banking Stakeholder Group, one of them representing the SME, who shall be non- voting.
2010/03/23
Committee: ECON
Amendment 481 #

2009/0143(COD)

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1
2. For the purposes of Article 11, the Board of Supervisors shall convoke an independent panel to facilitate thean impartial settlement of the disagreement, consisting of the Chairperson and two of its members, who are not representatives of the national supervisory authorities which are parties to the disagreement and who shall not have any interest in the conflict.
2010/03/23
Committee: ECON
Amendment 484 #

2009/0143(COD)

Proposal for a regulation
Article 26 – paragraph 2 a (new)
2a. The Board of Supervisors shall establish an Experts’ Panel comprising a limited number of independent high-level individuals, committed to the objectives of the European Union. The Experts’ Panel shall have the following tasks: (a) to express views on the Authority’s work programme; (b) to assist the Authority in the definition of priorities; (c) to alert the Authority on regulatory inconsistencies in the internal market and suggest areas for further work; and (d) to inform the Authority about major financial market developments. The Authority shall ensure adequate secretarial support for the Experts’ Panel.
2010/03/23
Committee: ECON
Amendment 485 #

2009/0143(COD)

Proposal for a regulation
Article 26 – paragraph 2 b (new)
2b. The members of the Experts’ Panel shall serve for a period of two-and-a-half years, following which a new selection procedure shall take place. The members may serve two successive terms.
2010/03/23
Committee: ECON
Amendment 486 #

2009/0143(COD)

Proposal for a regulation
Article 26 – paragraph 2 c (new)
2c. The Experts’ Panel shall adopt its rules of procedure.
2010/03/23
Committee: ECON
Amendment 499 #

2009/0143(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
1. The Board of Supervisors shall act on the basis of qualified majority of its members, as defined in Article 20516 of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, for acts specified in Articles 7, 8 and all measures and decisions adopted under Chapter VI.
2010/03/23
Committee: ECON
Amendment 508 #

2009/0143(COD)

Proposal for a regulation
Article 32 – paragraph 6
6. The Management Board shall, after consulting the Board of Supervisors, adopt the annuala report on the activities of the Authority (Report) on the basis of the draft report referred to in Article 38(7) and shall transmit that re Report to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee by 15 June. The rReport shall be made public.
2010/03/23
Committee: ECON
Amendment 524 #

2009/0143(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. A Joint Committee of tThe European Supervisory Authorities is hereby established(Joint Committee) ("the Joint Committee") is hereby established and shall have its headquarters in Frankfurt.
2010/03/23
Committee: ECON
Amendment 529 #

2009/0143(COD)

Proposal for a regulation
Article 40 a (new)
Article 40 a Supervision 1. The Joint Committee shall execute the tasks of the consolidating supervisor with respect to all financial market participants and key financial market participants in accordance with Article 12a. 2. The Joint Committee shall fund those supervisory activities by collecting a fee from each market participant that it supervises, based on the risk that the participant may go into liquidation.
2010/03/23
Committee: ECON
Amendment 532 #

2009/0143(COD)

Proposal for a regulation
Article 44
1. The Board of Appeal shall be a joint body of the European Banking Authority, the European Insurance and Occupational Pensions Authority, and the European Securities and Markets Authority. 2. The Board of Appeal shall be composed of six members and six alternates, who shall be individuals with relevant knowledge and experience, excluding current staff of the competent authorities or other national or Community institutions involved in the activities of the Authority. The Board of Appeal designates its President. The decisions of the Board of Appeal shall be adopted on the basis of a majority of at least four of its six members. The Board of Appeal shall be convened by its President when necessary. 3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expression of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. The other Members shall be appointed in accordance with Regulation (EC) No …/… [EIOPA] and Regulation (EC) No …/… [EBA]. 4. The term of office of the members of the Board of Appeal shall be five years. This term may be extended once. 5. A member of the Board of Appeal, who was appointed by the Management Board of the Authority, may not be removed during his term of office, unless he has been found guilty of serious misconduct, and the Management Board takes a decision to that effect after consulting the Board of Supervisors. 6. The Authority, the European Banking Authority, and the European Insurance and Occupational Pensions Authority shall ensure adequate operational and secretarial support for the Board of Appeal.Article 44 deleted Composition
2010/03/23
Committee: ECON
Amendment 533 #

2009/0143(COD)

Proposal for a regulation
Article 44 – paragraph 2 – subparagraph 1
2. The Board of Appeal shall be composed of six members and six alternates, who. It shall bcomprise individuals with relevant knowledge and experience, excluding current staff of the national supervisory authorities or other national or CommunityEU institutions or financial institutions involved in the activities of the Authority, of high repute with a proven record of relevant knowledge and professional expertise, including supervisory experience at a sufficiently high level in the fields of banking, insurance and occupational pensions, securities markets or other financial services, and at least two members with sufficient legal expertise to provide expert legal advice on the Authority's exercise of its powers.
2010/03/23
Committee: ECON
Amendment 539 #

2009/0143(COD)

Proposal for a regulation
Article 44 – paragraph 2 – subparagraph 1
3. Twohe members of the Board of Appeal and twoheir alternates shall be appointed by the Management Board of the AuthorityEuropean Parliament from a short-list proposed by the Commission, following a public call for expression of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. It shall include at least one member representing a consumer organisation, one member representing SMEs and one member representing the research community. The latter as well as his alternate shall be appointed by the Insurance, Reinsurance and Occupational Pensions Stakeholder Group.
2010/03/23
Committee: ECON
Amendment 543 #

2009/0143(COD)

Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 2
The other Members shall be appointed in accordance with Regulation (EC) No …/…[EBA] and Regulation (EC) No …/…[ESMA].deleted
2010/03/23
Committee: ECON
Amendment 545 #

2009/0143(COD)

Proposal for a regulation
Article 45
1. The members of the Board of Appeal shall be independent in making their decisions. They shall not be bound by any instructions. They may not perform any other duties in the Authority, in its Management Board or in its Board of Supervisors. 2. Members of the Board of Appeal may not take part in any appeal proceedings if they have any personal interest therein, or if they have previously been involved as representatives of one of the parties to the proceedings, or if they have participated in the decision under appeal. 3. If, for one of the reasons referred to in paragraph 1 and 2 or for any other reason, a member of a Board of Appeal considers that a fellow member should not take part in any appeal proceedings, the member shall inform the Board of Appeal accordingly. 4. Any party to the appeal proceedings may object to the participation of a member of the Board of Appeal on any of the grounds referred to in paragraph 1 and 2, or if suspected of bias. An objection may not be based on the nationality of members nor shall it be admissible if, while being aware of a reason for objecting, the party to the appeal proceedings has nonetheless taken a procedural step other than objecting to the composition of the Board of Appeal. 5. The Board of Appeal shall decide on the action to be taken in the cases specified in paragraphs 1 and 2 without the participation of the member concerned. For the purpose of taking that decision, the member concerned shall be replaced on the Board of Appeal by his alternate, unless the alternate finds himself in a similar situation. Should this be the case, the Chairperson shall designate a replacement from among the available alternates. 6. The members of the Board of Appeal shall undertake to act independently and in the public interest. For that purpose, they shall make a declaration of commitments and a declaration of interest indicating either the absence of any interest which may be considered prejudicial to their independence or any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made public, annually and in writing.Article 45 deleted Independence and impartiality
2010/03/23
Committee: ECON
Amendment 571 #

2009/0143(COD)

Proposal for a regulation
Article 66 – paragraph 1 a (new)
1a. The Commission shall draft its report taking into account the proposals made by the Insurance, Reinsurance and Occupational Stakeholder Group, the Board of Supervisors, and the Joint Committee. Those proposals shall be annexed to the report published by the Commission. The Commission may also consider the views of other stakeholder groups.
2010/03/23
Committee: ECON
Amendment 572 #

2009/0143(COD)

Proposal for a regulation
Article 66 – paragraph 1 b (new)
1b. The Commission's report shall evaluate inter alia: the degree of convergence in supervisory standard practices reached by national authorities; the functioning of the colleges of supervisors; the supervision mechanism of cross-border institutions, in particular the ones with an EU dimension; the functioning of Article 23 on safeguarding and regulator; supervisory convergence in the fields of crisis management and resolution in the Union and whether prudential and conducts of business should be combined or separated. It shall contain proposals on how to further develop the role of the Authority and the ESFS, with a view to creating an integrated European supervisory architecture.
2010/03/23
Committee: ECON
Amendment 177 #

2009/0142(COD)

Proposal for a regulation
Recital 7
(7) The European System of Financial Supervisorsion should be a network of national and CommunityEuropean Union supervisory authorities, leaving day-to-day supervision of financial institutions at the national level, and according a central role in the supervision ofthat have not EU dimension to at the national level. Colleges of Supervisors shall exert supervision of institutions operating as cross- border groups to colleges of supervisorss that have not EU dimension. The Authority shall gradually take over supervision of institutions with European Union dimension. Greater harmonisation and the coherent application of rules for financial institutions and markets across the Community should also be achieved. A European Banking Authority should be established, along with a European Supervisory Authority (Insurance and Occupational Pensions Authority) and a European Securities and Markets Authority (the European Supervisory Authorities). upervisory Authority (Securities and Markets) as well as a European Supervisory Authority (Joint Committee). The European Systemic Risk Board shall form part of a European System of Financial Supervision.
2010/03/26
Committee: ECON
Amendment 180 #

2009/0142(COD)

Proposal for a regulation
Recital 9
(9) The European Banking Authority (“the Authority”) should act with a view to improving the functioning of the internal market, including in particular by ensuring a high, effective and consistent level of regulation and supervision taking account of the varying interests of all Member States to prevent regulatory arbitrage and guarantee a level playing field, to protect depositors and investors, to ensure the integrity, efficiency and orderly functioning of financial markets, to safeguard the stability of the financial system, and to strengthen international supervisory coordination, for the benefit of the economy at large, including financial institutions and other stakeholders, consumers and employewhile taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness, including financial institutions and other stakeholders, consumers and employees. Its tasks also include promoting supervisory convergence and providing advice to the EU institutions in the areas of banking, payments, e-money regulation and supervision, and related corporate governance, auditing and financial reporting issues. In order to be able to fulfil its objectives, it is necessary and appropriate that the Authority should be a Community body having legal personality and it should have legal, administrative and financial autonomy.
2010/03/26
Committee: ECON
Amendment 235 #

2009/0142(COD)

Proposal for a regulation
Recital 24
(24) The delegation of tasks and responsibilities can be a useful instrument in the functioning of the network of supervisors in order to reduce the duplication of supervisory tasks, foster cooperation and thereby streamline the supervisory process as well as reduce the burden imposed on financial institutions. The Regulation should therefore provide a clear legal basis for such delegation. Delegation of tasks means that tasks are carried out by another supervisory authority instead of the responsible authority, while the responsibility for supervisory decisions remains with the delegating authority. By delegation of responsibilities one national supervisory authority, the delegatee, shall be able to decide upon a certain supervisory matter in its name in lieu of the Authority or in lieu of another national supervisory authority. Delegations should be governed by the principle of allocating supervisory competence to a supervisor which is well placed to take action in the subject matter. A reallocation of responsibilities can be appropriate for example for reasons of economies of scale or scope, of coherence in group supervision, and of optimal use of technical expertise among national supervisory authorities. Relevant Community legislation may further specify the principles for reallocation of responsibilities upon agreement. The Authority should facilitate delegation agreements between national supervisory authorities by all appropriate means. It should be informed in advance of intended delegation agreements to be able to express an opinion where appropriate. It should centralise the publication of such agreements to ensure timely, transparent and easily accessible information about agreements for all parties concerned.
2010/03/26
Committee: ECON
Amendment 238 #

2009/0142(COD)

Proposal for a regulation
Recital 28
(28) In order to safeguard financial stability it is necessary to identify, at an early stage, trends, potential risks and vulnerabilities stemming from the micro- prudential level, across borders and across sectors. The Authority should monitor and assess such developments in the area of its competence and, where necessary, inform the European Parliament, the Council, the Commission, the other European Supervisory Authorities and the European Systemic Risk Board on a regular and, as necessary, ad hoc basis. The Authority should also coordinate Community-wide stress tests to assess the resilience of financial institutions to adverse market developments, ensuring an as consistent as possible methodology is applied at the national level to such tests. In order to inform the discharge of its functions, the Authority should undertake economic analysis of markets and the impact of potential market developments on them.
2010/03/26
Committee: ECON
Amendment 244 #

2009/0142(COD)

Proposal for a regulation
Recital 32
(32) Close cooperation between the Authority and the European Systemic Risk Board is essential to give full effectiveness to the functioning of the European Systemic Risk Board and the follow-up to its warnings and recommendations. The Authority and the European Systemic Risk Board should share any relevant information with the European Systemic Risk Board. Data related to individual undertakings should be provided only upon reasoned request. Upon receipt of warnings or recommendations addressed by the European Systemic Risk Board to the Authority or a national supervisory authority, the Authority should ensure follow-up as appropriate.
2010/03/26
Committee: ECON
Amendment 247 #

2009/0142(COD)

Proposal for a regulation
Recital 33
(33) Where appropriate, tThe Authority should consult interested parties on technical standards, guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures. Before adopting draft technical standards, guidelines and recommendations the Authority should carry out an impact study. For reasons of efficiency, a Banking Stakeholder Group should be established for that purpose, representing in balanced proportions Community credit and investment institutions (including as appropriate institutional investors and other financial institutions which themselves use financial services), their employees,rade unions, academics and consumers and other retail users of banking services, including SMEs. The Banking Stakeholder Group should actively work as an interface with other user groups in the financial services area established by the Commission or Communityby EU legislation.
2010/03/26
Committee: ECON
Amendment 252 #

2009/0142(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) Non-profit organisations in comparison to well funded and well connected industry representatives, are marginalised in the debate on the future of financial services and in the corresponding decision making process. This disadvantage has to be compensated by adequate funding of their representatives in the Banking Stakeholder group.
2010/03/26
Committee: ECON
Amendment 257 #

2009/0142(COD)

Proposal for a regulation
Recital 34 a (new)
(34a) Without prejudice to the particular responsibilities of the Member States in crisis situations should a Member State choose to invoke the safeguard the European Parliament should be informed at the same time as the Authority, the Council and the Commission. Furthermore the Member State should explain its reasons for invoking the safeguard. The Authority should, in cooperation with the Commission, set out the next steps to be taken.
2010/03/26
Committee: ECON
Amendment 258 #

2009/0142(COD)

Proposal for a regulation
Recital 38
(38) A full time Chairperson, selected by the Board of Supervisors through an open competitEuropean Parliament following an open competition managed by the Commission and the subsequent drawing up of a short list by the Commission, should represent the Authority. The management of the Authority should be entrusted to an Executive Director, who should have the right to participate in meetings of the Board of Supervisors and the Management Board without the right to vote.
2010/03/26
Committee: ECON
Amendment 263 #

2009/0142(COD)

Proposal for a regulation
Recital 39
(39) In order to ensure cross-sectoral consistency in the activities of the European Supervisory Authorities, those authorities should coordinate closely in a Joint Committee ofthrough the European Supervisory Authorities (Joint Committee) (“the Joint Committee”) and reach common positions where appropriate. The Joint Committee of European Supervisory Authorities should assume all of the functions of the Joint Committee on Fshould coordinate the functions of the three European Supervisory Authorities in relation to financial Cconglomerates. Where relevant, acts also falling within the area of competence of the European Supervisory Authority (European Insurance and Occupational Pensions Authority or the European Securities and Markets Authority should be adopted in parallel by the European Supervisory Authorities concerned. ) or the European Supervisory Authority (Securities and Markets) should be adopted in parallel by the European Supervisory Authorities concerned. The Joint Committee will be chaired on a yearly revolving basis by the Chairpersons of the three European Supervisory Authorities. The Chairperson of the Joint Committee should be a Vice-Chair of the European Systemic Risk Board. The Joint Committee will have a permanent secretariat, staffed on secondment from the three European Supervisory Authorities, to allow for informal information sharing and the development of a common cultural approach across the three European Supervisory Authorities.
2010/03/26
Committee: ECON
Amendment 284 #

2009/0142(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting depositors and investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination, whilst taking account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the Community law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.
2010/03/26
Committee: ECON
Amendment 290 #

2009/0142(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting depositors and investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination, and (vi) preventing regulatory arbitrage and contributing to a level playing field. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the Community law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.
2010/03/26
Committee: ECON
Amendment 296 #

2009/0142(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting depositors and investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the Community law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission, and undertaking economic analyses of markets to promote the achievement of the Authority’s objectives.
2010/03/26
Committee: ECON
Amendment 300 #

2009/0142(COD)

Proposal for a regulation
Article 1 a (new)
Article 1a The European System of Financial Supervision 1. The Authority shall form part of a European System of Financial Supervision the main objective of which is to ensure that the rules applicable to the financial sector are adequately implemented, in order to preserve financial stability and thereby to ensure confidence in the financial system as a whole and sufficient protection for the customers of financial services. 2. The European System of Financial Supervision shall comprise the following: (a) the European Systemic Risk Board; (b) the European Supervisory Authority (Securities and Markets) established by Regulation (EU) No .../... [ESMA]; (c) the European Supervisory Authority (Insurance and Occupational Pensions) established by Regulation (EU) No …/…[EIOPA]; (d) the Authority; (e) the European Supervisory Authority (Joint Committee) provided for in Article 40; (f) the authorities in the Member States referred to in Article 1(2) of Regulations (EC) No .../... [ESMA], Regulation (EC) No …/2009 [EIOPA] and Regulation (EC) No …/… [EBA; (g) the Commission, for the purposes of carrying out the tasks referred to in Articles 7 and 9. 3. The Authority shall cooperate regularly and closely, ensure cross-sectoral consistency of work and arrive at joint positions in the area of supervision of financial conglomerates and on other cross-sectoral issues with the European Systemic Risk Board as well as with the European Supervisory Authority (Insurance and Occupational Pensions) and the European Supervisory Authority (Securities and Markets) through the European Supervisory Authorities (Joint Committee) referred to in Article 40. 4. In accordance with the principle of sincere cooperation in accordance with Article 4(3) of the EU Treaty, the parties of the ESFS shall cooperate with trust and full mutual respect, in particular in ensuring that appropriate and reliable information flows between them. 5. Only those supervisory authorities included in the European System of Financial Supervisors shall be entitled to supervise financial institutions operating in the European Union.
2010/03/26
Committee: ECON
Amendment 313 #
2010/03/26
Committee: ECON
Amendment 314 #

2009/0142(COD)

Proposal for a regulation
Article 5
The Authority shall have its seat in London[Frankfurt].
2010/03/26
Committee: ECON
Amendment 357 #

2009/0142(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
1. The Authority may develop technical standards in the areas specifically set out into complete, update and modify elements that are not essential to the legislationve acts referred to in Article 1(2). The Authority shall submit its draft standards to the Commission for endorsementtechnical standards shall not imply strategic decisions and its content shall be delimited by the legislative acts on which they are based.
2010/03/26
Committee: ECON
Amendment 389 #

2009/0142(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. The standardCommission shall adopt technical standards in accordance with Articles 7a to 7d. Those acts shall be adopted by the Commission by meansin the form of Rregulations or Ddecisions and published in the Official Journal of the European Union.
2010/03/26
Committee: ECON
Amendment 417 #

2009/0142(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
2. Upon request from one or more competent authorities, from the Commission, from the European Parliament, the Council or the Banking Stakeholder Group, or on its own initiative and after having informed the competent authority concerned, the Authority may investigate the alleged incorrect application of CommunityUnion law.
2010/04/15
Committee: ECON
Amendment 467 #

2009/0142(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the CommissionESRB has adopted a decision pursuant to paragraph 1, the Authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with this regulation and the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutionmarket participants and competent authorities satisfy the requirements laid down in that legislation.
2010/04/15
Committee: ECON
Amendment 479 #

2009/0142(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 a (new)
Where the addressee of the decision refuses to comply with Union law or a specific decision taken by the Authority, the Authority may issue proceedings in the national courts, including applications for interim relief.
2010/04/15
Committee: ECON
Amendment 484 #

2009/0142(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4a. The ESRB shall review the decision referred to in paragraph 1 upon its own initiative or following a request by the Authority, the Council, the European Parliament, or the Commission.
2010/04/15
Committee: ECON
Amendment 505 #

2009/0142(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a Supervision of financial institutions with an EU dimension 1. National authorities shall exert prudential supervision of financial institutions with an EU dimension by acting as the agent of and following the instructions given by the Authority, in order to guarantee that the same supervisory rules are applied across the European Union. 2. The Authority shall submit its draft supervisory rules to the Commission and, simultaneously, to the European Parliament and the Council. The Commission shall endorse the draft supervisory rules following the procedure set out in Article 7 or 8. 3. A decision taken by the Board of Supervisors in accordance with the procedure set out in Article 29(1) shall identify the significant financial institutions with EU dimension. The criteria for identifying such financial institutions shall take into account the criteria established by the FSB, the IMF and the BIS. 4. The Authority, in collaboration with the European Systemic Risk Board, shall develop an information template for significant institutions in order to ensure a sound management of their systemic risk. 5. To ensure the co-responsibility of financial institutions with EU dimension, to protect European depositors’ interests and to reduce the cost to tax payers of a systemic financial crisis, a European Financial Protection Fund (Fund) shall be established. The Fund will also play a role in helping the EU institutions facing difficulties when those are likely to threaten the financial stability of the European single financial market. The Fund shall be financed through contributions from those institutions. The contribution of each financial institution will be calculated according to criteria rewarding good management. Those contributions replace those made to national funds of a similar nature. 6. When the accumulated resources from the contributions made by banks are not sufficient to solve the crisis, the Fund shall have the capacity to increase its resources through debt issuance. Member States may, in exceptional circumstances, facilitate the issuance of debt by the Fund through guarantees, and in exchange of a fee reflecting appropriately the risk assumed. Those guarantees shall be shared by Member States in accordance with the criteria laid down in paragraph 7. 7. Where, under extreme, exceptional circumstances and in the context of a systemic crisis, there is a failure of one or several institutions, and the resources available are insufficient, the affected Member States will deal with this burden according to principles established in the current Memorandum of Understanding (MoU), properly amended. Burden- sharing arrangements could include one of the following criteria, or a combination thereof: the deposits of the institution; the assets (either in terms of accounting values, market values or risk-weighted values) of the institution; the revenue flows of the institution; and the share of payment system flows of the institution. 8. The membership in the Fund shall replace the membership in the existing national Deposit Guarantee Schemes for the EU institutions participating in it. The Fund shall be managed by a Board appointed by the European Supervisory Authority (Banking) for a period of five years. The members of the Board shall be elected from staff of the national authorities. The Fund shall also create a Consultative Board comprising the financial institutions participating in the Fund.
2010/04/15
Committee: ECON
Amendment 516 #

2009/0142(COD)

Proposal for a regulation
Article 13 a (new)
Article 13 a The Authority shall delegate on the authorities in the Member States the tasks and responsibilities to supervise the prudential supervision of financial institutions with EU dimension as referred to in article 12a.
2010/04/15
Committee: ECON
Amendment 533 #

2009/0142(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point 4 a (new)
(4a) acting as the central recipient of regulatory reporting for institutions active in more than one Member Sates. Upon receipt of the reporting, the Authority will share the information with the competent national authorities.
2010/03/26
Committee: ECON
Amendment 536 #

2009/0142(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
1. The Authority shall monitor and assess market developments in the area of its competence and, where necessary, inform the European Supervisory Authority (Insurance and Occupational Pensions Authority), the European Supervisory Authority (Securities and Markets Authority), the ESRB and the European Parliament, the Council and the Commission about the relevant micro- prudential trends, potential risks and vulnerabilities.
2010/03/26
Committee: ECON
Amendment 542 #

2009/0142(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. The Authority shall ensure an adequate coverage of cross-sectoral developments, risks and vulnerabilities by closely cooperating with the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority and the European Supervisory Authority (Joint Committee).
2010/03/26
Committee: ECON
Amendment 554 #

2009/0142(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. On the basis of Joint Guidelines, the Authority may conduct the change of control procedure under Directive 2007/44/EC. Upon receipt of the notification, the Authority will coordinate with the relevant national authorities.
2010/03/26
Committee: ECON
Amendment 575 #

2009/0142(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3a. On a request from a national supervisory authority of a Member State the Authority may provide any such information that is necessary to enable the national authority to carry out its duties, provided the national authority in question has appropriate confidentiality arrangements in place.
2010/03/26
Committee: ECON
Amendment 581 #

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. For the purpose of consultation with stakeholders in areas relevant to the tasks of the Authority, a Banking Stakeholder Group shall be established. The Stakeholder Group shall be consulted on all relevant decisions and actions of the authority. If case of urgency immediate consultation is impossible, the Stakeholder Group has to be informed about the decision as quick as possible.
2010/03/26
Committee: ECON
Amendment 599 #

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 3 a (new)
Adequate financial compensation shall be established for members of the stakeholder group representing non-profit organisations.
2010/03/26
Committee: ECON
Amendment 607 #

2009/0142(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. The Banking Stakeholder Group may submit opinions and advice to the Authority on any issue related to the tasks of the Authority with particular focus on the tasks set out in specified in Articles 7 and 8.
2010/03/26
Committee: ECON
Amendment 614 #

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any waydirectly in a significant manner on the fiscal responsibilities of Member States.
2010/03/26
Committee: ECON
Amendment 631 #

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, wi shall take a decision whether the Authority's decision is maintained or revoked on the basis of a qualified majority of its member not taking into account the vote of the member of the Council representing the Member State concerned no later thian two months, decide whether the Authority's decision is maintained or revok after the Authority has informed the Member State as set out in the fourth subparagraph. A qualified majority shall be defined as at least 55% of the members of the Council excluding the Member State concerned, comprising at least fourteen of them representing Member States comprising at least 65% of the population of the Union excluding the population of the Member State concerned.
2010/03/26
Committee: ECON
Amendment 643 #

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 205 of the Treatyparagraph 2 subparagraph 5, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
2010/03/26
Committee: ECON
Amendment 649 #

2009/0142(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Before taking the decisions provided for in Article 9(6), Article 10(2) and(3) and Article 11(3) and (4)this Regulation, the Authority shall inform the addressee of its intention to adopt the decision, setting a time limit within which the addressee may express its views on the matter, taking full account of the urgency, complexity and potential consequences of the matter.
2010/03/26
Committee: ECON
Amendment 675 #

2009/0142(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
1. The Board of Supervisors shall act on the basis of qualified majority of its members, as defined in Article 20516 of the Treaty on European Union and in Article 3 of the Protocol No 36 on transitional provisions annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, for acts specified in Articles 7, 8 and all measures and decisions adopted under Chapter VI.
2010/03/26
Committee: ECON
Amendment 706 #

2009/0142(COD)

Proposal for a regulation
Article 35 – paragraph 1 a (new)
1a. In addition to the information referred to in Articles 7a, 8, 9, 10, 11a and 18, the report shall include information on, in particular, the availability, amount and cost of banking credit to households and SMEs, and the volume and changes therein of public debt owned by credit institutions, and information detailing the scope of the interaction between the Authority and the European Systemic Risk Board and a response where relevant to opinions and reviews issued by the Banking Stakeholder Group. It shall also include any relevant information requested by the European Parliament on an ad-hoc basis.
2010/03/26
Committee: ECON
Amendment 719 #

2009/0142(COD)

Proposal for a regulation
Chapter IV – Section 2 – title
JOINT COMMITTEE OF EUROPEAN SUPERVISORY AUTHORITIES (JOINT COMMITTEE)
2010/03/26
Committee: ECON
Amendment 722 #

2009/0142(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. A Joint Committee of tThe European Supervisory Authorities is hereby established(Joint Committee) ("the Joint Committee") is hereby established and shall have its headquarters in Frankfurt.
2010/03/26
Committee: ECON
Amendment 726 #

2009/0142(COD)

Proposal for a regulation
Article 40 – paragraph 2
2. The Joint Committee shall serve as a forum in which the Authority shall cooperate regularly and closely and ensure cross-sectoral consistency and learning with the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority, in particular on: – financial conglomerates; – accounting and auditing; – micro-prudential analyses for financial stability; – retail investment products; – anti-money laundering measures; and – information exchange with the European Systemic Risk Board and developing the relationship between the European Systemic Risk Board and the European Supervisory Authorities.
2010/03/26
Committee: ECON
Amendment 730 #

2009/0142(COD)

Proposal for a regulation
Article 40 – paragraph 3
3. The Authority shall contribute adequate resources to the administrative support of the Joint Committee of European Supervisory Authorities. This includes staff,Joint Committee shall have a permanent secretariat, staffed on secondment from the three European Supervisory Authorities. The Authority shall contribute adequate resources to administrative, infrastructure, and operational expenses.
2010/03/26
Committee: ECON
Amendment 732 #

2009/0142(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. The Joint Committee shall behave a board composed of the Chairperson and the Chairpersons of the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authoritys of the European Supervisory Authorities, and, where applicable, the Chairperson of a Sub-Committee established under Article 43.
2010/03/26
Committee: ECON
Amendment 735 #

2009/0142(COD)

Proposal for a regulation
Article 41 – paragraph 2
2. The Executive Director, a representative of the Commission and the ESRB shall be invited to the meetings of the Board of the Joint Committee of European Supervisory Authorities as well as the Sub- Committees mentioned in Article 43 as observers.
2010/03/26
Committee: ECON
Amendment 738 #

2009/0142(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. The chair of the Joint Committee of European Supervisory Authorities shall be appointed on an annual rotational basis from among the Chairpersons of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority. The Chairperson of the Joint Committee shall be a Vice-Chair of the European Systemic Risk Board.
2010/03/26
Committee: ECON
Amendment 740 #

2009/0142(COD)

Proposal for a regulation
Article 41 – paragraph 4 – subparagraph 1
4. The Joint Committee of European Supervisory Authorities shall adopt and publish its own rules of procedure. The rules may specify further participants of the meetings of the Joint Committee.
2010/03/26
Committee: ECON
Amendment 741 #

2009/0142(COD)

Proposal for a regulation
Article 41 – paragraph 4 – subparagraph 2
The Board of the Joint Committee of European Supervisory Authorities shall meet at least once every two months.
2010/03/26
Committee: ECON
Amendment 744 #

2009/0142(COD)

Proposal for a regulation
Article 43 – paragraph 1
For the purposes of Article 42, a Sub- Committee on Financial Conglomerates to the Joint Committee of European Supervisory Authorities shall be established.
2010/03/26
Committee: ECON
Amendment 745 #

2009/0142(COD)

Proposal for a regulation
Article 43 – paragraph 3
The Sub-Committee shall elect a Chairperson from amongst its members, who shall also be a member of the Joint Committee of European Supervisory Authorities.
2010/03/26
Committee: ECON
Amendment 748 #

2009/0142(COD)

Proposal for a regulation
Article 44 – paragraph 2 – subparagraph 1
2. The Board of Appeal shall be composed of six members and six alternates, who. It shall bcomprise individuals with relevant knowledge and experience, excluding current staff of the competent authorities or other national or CommunityEU institutions or financial institutions involved in the activities of the Authority, of high repute with a proven record of relevant knowledge and professional expertise, including supervisory experience at a sufficiently high level in the fields of banking, insurance and occupational pensions, securities markets or other financial services, and at least two members with sufficient legal expertise to provide expert legal advice on the Authority's exercise of its powers.
2010/03/26
Committee: ECON
Amendment 760 #

2009/0142(COD)

Proposal for a regulation
Article 44 – paragraph 6
6. The Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority shall ensure adequate operational and secretarial support for the Board of Appeal through the Joint Committee.
2010/03/26
Committee: ECON
Amendment 797 #

2009/0142(COD)

Proposal for a regulation
Article 66 – paragraph 1 a (new)
1a. The Commission's report shall evaluate inter alia: the degree of convergence in supervisory standard practices reached by national authorities; the functioning of the colleges of supervisors; the supervision mechanism of cross-border institutions, in particular the ones with an EU dimension; the functioning of Article 23 on safeguarding and regulator; supervisory convergence in the fields of crisis management and resolution in the Union and whether prudential and conducts of business should be combined or separated. It shall contain proposals on how to further develop the role of the Authority and the ESFS, with a view to creating an integrated European supervisory architecture
2010/03/26
Committee: ECON
Amendment 89 #

2009/0140(COD)

Proposal for a regulation
Recital 5
(5) In its Communication entitled “European Financial Supervision” of 27 May 2009 , the Commission set out a series of reforms to the current arrangements for safeguarding financial stability at the EU level, notably including the creation of a European Systemic Risk Board (ESRB) responsible for macro- prudential oversight. The Council on 9 June 2009 and the European Council at its meeting of 18 and 19 June supported the view of the Commission and welcomed the Commission’s intention to bring forward legislative proposals so that the new framework is in place in the course of 2010. In line with the views of the Commission, it concluded inter alia that the ECB “should provide analytical, statistical, administrative and logistical support to the ESRB, also drawing on technical advice from national Ccentral Bbanks and supervisors”. The support provided to the ESRB by the ECB as well as the tasks conferred upon the ESRB should be without prejudice to the principle of the independence of the ECB in the performance of its tasks pursuant to the Treaty on the Functioning of the European Union.
2010/03/19
Committee: ECON
Amendment 114 #

2009/0140(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1a. The ESFS shall comprise: (a) the ESRB; (b) the European Supervisory Authority (Securities and Markets) established by Regulation (EU) No .../2010 (ESMA); (c) the European Supervisory Authority (Insurance and Occupational Pensions) established by Regulation (EU) No …/2010 (EIOPA); (d) the European Supervisory Authority (Banking) established by Regulation (EU) No …/2010 (EBA); (e) the European Supervisory Authority (Joint Committee ) provided for by Article 40 of each of Regulation (EU) No …/… [EBA], No .../... [ESMA], No …/…[EIOPA]; (f) the authorities in the Member States as specified in Article 1(2) of Regulation (EU) No .../... [ESMA], Article 1(2) of Regulation (EU) No …/2009 [EIOPA] and Article 1(2) of Regulation (EU) No …/… [EBA]; (g) the Commission, for the purposes of carrying out the tasks referred to in Articles 7 and 9 of Regulations (EU) No.../...[EBA], No .../... [ESMA] and No …/…[EIOPA]; The ESAs referred to in points (b), (c) and (d) shall have their seat in Frankfurt.
2010/03/19
Committee: ECON
Amendment 159 #

2009/0140(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Each Member of the General Board with a voting right shall have one voteThe General Board shall strive for consensus. Where consensus cannot be achieved each Member of the General Board with a voting right shall have one vote. Any Member of the Board may, at any time, request a vote on a draft warning or a draft recommendation.
2010/03/19
Committee: ECON
Amendment 192 #

2009/0140(COD)

Proposal for a regulation
Article 12 – paragraph 4 a (new)
4a. In order to provide advice and assistance on substance issues relevant to the work of the ESRB, the Advisory Scientific Committee shall work closely with the experts' working groups of the ESCB.
2010/03/19
Committee: ECON
Amendment 196 #

2009/0140(COD)

Proposal for a regulation
Article 13
In performing its tasks, the ESRB shall seek, where appropriate, the adviceviews of relevant private or public sector stakeholders, particularly, but not exclusively, the stakeholder groups of the ESAs.
2010/03/19
Committee: ECON
Amendment 199 #

2009/0140(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The ESRB may request information fromOn the request of the ESRB, the European Supervisory Authorities shall provide information in summary or collective form, such that individual financial institutions cannot be identified. If the requested data are not available to those Authorities or are not made available in a timely manner, the ESRB may request the data from national supervisory authorities, national central banks or other authorities of Member States shall provide the data pursuant to a request by the ESRB.
2010/03/19
Committee: ECON
Amendment 208 #

2009/0140(COD)

Proposal for a regulation
Article 15 – paragraph 5 a (new)
5a. Staff of the ESRB may attend, together with staff of the ESAs, meetings between supervisors and the systemically important financial groups, in particular the colleges of supervisors, and may ask questions and receive first-hand relevant information.
2010/03/19
Committee: ECON
Amendment 221 #

2009/0140(COD)

Proposal for a regulation
Article 16 a (new)
Article 16a Action in emergency situations 1. In the event of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, the ESRB in accordance with point (b) of Article 3(2) and Article 10 of each of Regulation (EU) No …/… [EBA], No .../... [ESMA], No …/…[EIOPA], may issue warnings, on its own initiative or following a request by an ESA, the European Parliament, the Council or the Commission, declaring the existence of an emergency situation. 2. As soon as it issues a warning, the ESRB shall simultaneously notify the European Parliament, the Council, the Commission and the European Supervisory Authority. 3. The ESRB shall review the warning referred to in paragraph 1 upon its own initiative or following a request by a European Supervisory Authority, the Council, the European Parliament or the Commission.
2010/03/19
Committee: ECON
Amendment 546 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 - introductory part
AMember States shall require that an AIFM applying for an authorisation shall provide the following to the competent authorities of the home Member State where it has its registered office:
2010/02/15
Committee: ECON
Amendment 549 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) information on the persons who effectively conduct the business of the AIFM and the identities of the AIFM shareholders or members of the AIFM, whether direct or indirect, natural or legal persons, that have qualifying holdings and of the amounts of those holdings;
2010/02/15
Committee: ECON
Amendment 552 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) a programme of activity setting out the organisational structure of the AIFM, including information on how the AIFM intends to comply with its obligations under cChapters II, III, IV, and where applicable, V, VI and VII;
2010/02/15
Committee: ECON
Amendment 554 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) detailed information about the investment strategies including the AIFM’s policy as regards the use of leverage, and the risk profiles and other characteristics of the AIF it manages or intends to manage, including the identificinformation ofabout the Member States or third countries oin whose territory they are domicileich they are established or are expected to be established; (ca) information about the domicile of underlying funds, if such AIF is a fund of funds; (cb) information about the domicile of the master fund;
2010/02/15
Committee: ECON
Amendment 557 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point d
(d) the fund rules or instruments of incorporation of each AIF the AIFM intends to manages;
2010/02/15
Committee: ECON
Amendment 558 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
(da) where already available, the fund rules or instruments of incorporation of each AIF the AIFM intends to manage;
2010/02/15
Committee: ECON
Amendment 559 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point e
(e) where already available, information on arrangements made for the delegation to third parties of management services functions as referred to in Article 18 and where applicable Article 35;
2010/02/15
Committee: ECON
Amendment 562 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point f
(f) where already available, information on the arrangements made for the safe- keeping of the assets of AIF including, where applicable, arrangements made under Article 38;
2010/02/15
Committee: ECON
Amendment 563 #

2009/0064(COD)

Proposal for a directive
Article 5 – paragraph 1 – point g
(g) where already available, any additional information referred to in Article 20(1) for each AIF the AIFM manages or intends to manage.
2010/02/15
Committee: ECON
Amendment 1227 #

2009/0064(COD)

Proposal for a directive
Article 24 – paragraph 2 - subparagraph 1
2. The Commission shall adopt implementing measuresAfter having heard the ESRB and the ESMA, the Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying the disclosure requirements with regard to leverage and the frequency of reporting to competent authorities and of disclosure to investors.
2010/03/08
Committee: ECON
Amendment 1232 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph -1 (new)
-1. Member States shall ensure that credit institutions approved under Directive 2006/48/EC and investment firms approved under Directive 2004/39/EC, which have AIF as counterparties, establish and maintain mechanisms to monitor the leverage associated with those AIF both on a case-by-case and on a global basis, and contractually set limits on the counterparty risk associated with each AIF and the AIF using the same investment strategy.
2010/03/08
Committee: ECON
Amendment 1233 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 1
1. Member States shall ensure that the competent authorities of the home Member State of the AIFM use the information to be reportgathered under Article 241 appropriately for the purposes of identifying the extent to which the use of leverageAIFM’s activities contributes to the build-up of systemic risk in the financial system or risks of disorderly markets.
2010/03/08
Committee: ECON
Amendment 1237 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 2
2. HThe competent authorities of the home Member States of the AIFM shall ensure that all information receivgathered under Article 24, aggregated1 in respect of all AIFM that ithey supervises, are is promptly conveyed to the ESMA and is made available to other competent authorities of the other Member States and to the ESRB through the procedures set out in Article 46 on supervisory co-operation. ItThey shall, without delay, also provide information through this mechanism, and bilaterally to to the ESMA and the ESRB, and bilaterally to the competent authorities of other Member States directly concerned, if the activities of an AIFM under itstheir responsibility could potentially constitute an important source of counterparty risk to a credit institution or other systemically relevant institution in those other Member States, or could affect the sound functioning of financial markets.
2010/03/08
Committee: ECON
Amendment 1246 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 2 a (new)
2a. In addition to their reporting obligations to the ESMA under paragraph 2, the competent authorities of the AIFM home Member State shall: (a) respond promptly to any request on the part of the ESMA, whether such request relates to the AIFM they supervise, the AIFs managed by those AIFMs, or is of a general nature; (b) provide the ESMA promptly with the conclusions of their assessments of the risks that the activities of an AIFM with regard to the AIF that it manages could entail, including the measures that the competent authorities of the AIFM home Member State propose to take in that respect; and (c) provide the ESMA with any information produced by them or in their possession, which they consider to be relevant for the purpose of the ESMA’s purpose.
2010/03/08
Committee: ECON
Amendment 1252 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 3
3. In order to ensureFor the purpose of the stability and integrity of the financial system, the Commission shall adopt implementing measures setting limits to the level of leverage AIFM can employ. These limits should take into account, inter alia, the type of AIF, their strategy and the sourcesmarkets, the ESMA may, in consideration of the assessments and analyses undertaken in the course of its supervision, develop and adopt technical standards which are legally binding. Such technical standards may, in particular, relate to the level or nature of their leverage. Those measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3) used for a given investment strategy in specific circumstances, or the weight, concentration or correlation of investments by AIF on a given market.
2010/03/08
Committee: ECON
Amendment 1275 #

2009/0064(COD)

Proposal for a directive
Article 25 – paragraph 4
4. IOn exceptional circumstances and when this is required in order to ensure the stability and integrity of the financial system,the basis of the information provided to it under this Directive, whether on a regular or ad hoc basis or on request or by any other means, and for the purposes of the stability and integrity of the financial markets, the ESMA: (a) shall supervise and assess the risks associated with the activities of any AIFM with regard to the AIF it manages. For the purpose of its assessment, the ESMA shall liaise with the ESRB and the competent authorities of the AIFM home Member State; (b) may, where it deems it to be necessary, request complementary information that it considers relevant from the AIFM concerned either directly or through the competent authorities of the AIFM home Member State; (c) may, on its own initiative and/or in the absence of appropriate action on the part of the competent authorities of the AIFM home Member State, adopt individual decisions requiring the competent authorities of the AIFM home Member State may impose additional limits to the level of leverageto take the necessary action to address any risks that may jeopardise the integrity of financial markets or the stability of the whole or part of the financial system by ensuring that appropriate requests be made or restrictions imposed in relation to the activities of one or several AIFM with regard to the AIF it or they manage; such requests or restrictions include limits on the leverage, in particular regarding its level or nature, that an AIFM can employ. Measures taken bymay employ, taking into account, inter alia, the type of AIF, their strategy, the sources of their leverage and the concentration of their investments, the market conditions in which the AIF operate and the possible pro-cyclical effects following the implementation of such limits; such requests or restrictions also include amendments to the AIF investment policy, in relation to which the ESMA shall inform the ESRB of the individual decisions it has made; where the competent authorities of the AIFM home Member States shall have a temporary nature and should comply with the provisions adopted by do not comply with such an individual decision of the ESMA within the period laid down therein, the ESMA may adopt an individual decision addressed to one or several AIFM concerned requiring the latter to take the necessary action (including the cessation of any practice) to comply with the individual decision of the ESMA; the ESMA’s individual decisions which are directly addressed to the AIFM shall prevail over any previous decisions of the Ccommission pursuant to paragraph 3. petent authorities of the AIFM home Member State on the same matter; in any event, any action taken by the competent authorities of the AIFM home Member State in relation to facts which are subject to an ESMA’s individual decision either addressed to the competent authorities of the AIFM home Member State or to the AIFM, shall be compatible with such individual decision.
2010/03/08
Committee: ECON
Amendment 1288 #

2009/0064(COD)

Proposal for a directive
Article 26 – title and paragraph 1
Scope 1. This section shall apply to the following: (a)Prudential supervision over leverage buy- out operations regarding non-listed companies 1. Member States shall ensure that AIFM managing one orf more AIF which, either individually or in aggregation, acquires 30 % or more of the voting rights of an issuer o the control over of a non- listed company domiciled in the Community, as appropriate; (b) AIFM having concluded an agreement with one or more other AIFM which would allow the AIF managed by these AIFM to acquire 30 % or more of the voting rights of the issuer or the non- listed company, as appropriateprovide information on the level of debt that is borne, either directly or indirectly, by the targeted company before and after its acquisition.
2010/03/08
Committee: ECON
Amendment 1304 #

2009/0064(COD)

Proposal for a directive
Article 26 – paragraph 2
2. This section shall not apply where the issuer or theFor the purpose of paragraph 1, AIFM shall, prior to the acquisition of a non- listed company concerned are small and medium enterprises that employ fewer than 250 persons, have an annual turnover not exceeding 50 million euro and/or an annual balance sheet not exceeding 43 million euro. , inform the competent authorities of their Member State where the contemplated acquisition may entail, either directly or indirectly, the targeted company’s debts are higher than a multiple of the company’s valuation. In such a case, the competent prudential authorities shall perform prudential controls on the potential consequences of the acquisition in particular having regard to the related systemic risks.
2010/03/08
Committee: ECON
Amendment 1308 #

2009/0064(COD)

Proposal for a directive
Article 26 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c specifying the notions of non- listed companies, acquisition of control, multiple (including the determination of its basis), and valuation, and determining the prudential rules that are applicable in this respect.
2010/03/08
Committee: ECON
Amendment 1313 #

2009/0064(COD)

Proposal for a directive
Article 27
Article 27 Notification of the acquisition of controlling influence in non-listed companies 1. Member States shall ensure that when an AIFM is in a position to exercise 30 % or more of the voting rights of a non- listed company, such AIFM notifies the non-listed company and all other share- holders the information provided in paragraph 2. This notification shall be made, as soon as possible, but not later than four trading days the first of which being the day on which the AIFM has reached the position of being able to exercise 30% of the voting rights. 2. The notification required under paragraph 1 shall contain the following information: (a) the resulting situation in terms of voting rights; (b) the conditions under which the 30% threshold has been reached, including information about the identity of the different shareholders involved; (c) the date on which the threshold was reached or exceeded.deleted
2010/03/08
Committee: ECON
Amendment 1336 #

2009/0064(COD)

Proposal for a directive
Article 28
Article 28 Disclosure in case of acquisition of controlling influence in issuers or non- listed companies 1. States shall ensudeleted In addition to Article 27, Member the information referred that where an AIFM acquires 30 % or more of the voting rights of an issuer or a non-listed company, that AIFM makes the information set out in the second and third subparagraphs available to the issuer, the non-listed company, their respective shareholders and representatives of employees or, where there are no such representatives, 1 OJ L 142, 30.4.2004, p.12. to the employees themselves. With regard to issuers, theo in the policy for preventing and the policy for external and internal (d) the identity of the AIFM which either individually or in agreement with other AIFM shall make available the following to the issuer concerned, its shareholders and representatives of employees: (a) Article 6(3) of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids1; (b) managing conflicts of interests, in particular between the AIFM and the issuer; (c) communication of the issuer in particular as regards employees. With regard to non-listed companies, the AIFM shall make available the following to the non-listed company concerned, its shareholders and representatives of employees: 2. implementing measures determining: Those measures, designed to amenve reached the 30 % threshold; (e) the development plan for the non-listed company; (f) the policy for preventing and managing conflicts of interests, in particular between the AIFM and the non-listed company; (g) the policy for external and internal communication of the issuer or non-listed company, in particular as regards employees. The Commission shall adopt (a) the detailed ncon- essential elemtents of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3)e information provided under paragraph 1; (b) the way the information shall be communicated.
2010/03/08
Committee: ECON
Amendment 1392 #

2009/0064(COD)

Proposal for a directive
Article 29
Article 29 Specific provisions regarding the annual report of AIF exercising controlling influence in issuers or non-listed companies Member States shall ensure that AIFM include in the annual report provided for in Article 19 for each AIF that they manage, the additional information provided in paragraph 2 of this Article. The AIF annual report shall include the following additional information for each issuer and non listed company in which the AIF has invested: (a) with regard to operational and financial developments, presentation of revenue and earnings by business segment, statement on the progress of company's activities and financial affairs, assessment of expected progress on activities and financial affairs, report on significant events in the financial year; (b) with regard to financial and other risks at least financial risks associated with capital structure; (c )with regard to employee matters, turnover, terminations, recruitment. (d) statement on significant divestment of 1 2 assets. In addition, the AIF annual report shall, for each issuer in which it has acquired a controlling influence, contain the information provided for in point (f) of Article 46a(1) of Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54 (3) (g) of the Treaty on the annual accounts of certain types of companies1 and an overview of the capital structure as referred to in points (a) and (d) of Article 10(1) of Directive 2004/25/EC. For each non-listed company in which it has acquired a controlling influence, the AIF report shall provide an overview of management arrangements and the information provided for in points (b), (c) and (e) to (h) of Article 3 of Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent2. 3.The AIFM shall, for each AIF it manages and for which it is subject to this section, provide the information referred to in paragraph 2 above to all representatives of employees of the company concerned referred to in paragraph 1 of Article 26 within the period referred to in Article 19 (1) 4. implementing measures specifying the detailed content of the information to be provided under paragraphs 1 and 2. Those measures, designed to amend non- essential elements of this Directive by supplementing it,deleted OJ L 222, 14.8.1978, p. 11. OJ L 26, 31.1.1977, p. 1. The Commission shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/03/08
Committee: ECON
Amendment 1431 #

2009/0064(COD)

Proposal for a directive
Article 30
Article 30 Specific provisions regarding companies whose shares are no longer admitted to trading on a regulated market Where, following an acquisition of 30 % or more of the voting rights of an issuer, the shares of that issuer are no longer admitted to trading on a regulated market, it shall nevertheless continue to comply with its obligations under Directive 2004/109/EC for two years from the date of withdrawal from the regulated market.deleted
2010/03/08
Committee: ECON
Amendment 1613 #

2009/0064(COD)

Proposal for a directive
Article 46 – paragraph 1
1. The competent authorities responsible for the authorisation and supervision of AIFM under this Directive shall communicate information to the competent authorities of other Member States where this is relevant for monitoring and responding to the potential implications of the activities of individual AIFM or AIFM collectively for the stability of systemically relevant financial institutions and the orderly functioning of markets on which AIFM are active. The Ccommittee of European Securities Regulators (CESR) established by Commission Decision 2009/77/EC of 23 January 20091 shall also be informed and shall forward this information topetent authorities responsible for the authorisation and supervision of AIFM under this Directive shall also ensure to efficiently inform the ESMA in particular by: - complying with their reporting obligations to the ESMA under this Directive, in particular those under Article 25; - promptly responding to any request on the part of the ESMA, whether such request relates to AIFM that they supervise or AIF managed by those AIFM, or is of a general nature; - promptly providing the ESMA with the conclusions of their assessments of the risks that the activities of an AIFM with regard to the AIF it manages could entail, including the measures that the competent authorities of the AIFM home Member State propose to take in this OJL 25, 29.01.2009, p. 18-22 respect; and - providing the ESMA with any information produced by them or that is in their possession, that they deem relevant for the purpose of the ESMA’s mission. The ESMA shall forward to the competent authorities of the other Member States the information provided by the competent authorities of the AIFM home Member State that is relevant for the purpose of the supervision of the competent authorities of the other Member States. 1
2010/02/18
Committee: ECON
Amendment 1616 #

2009/0064(COD)

Proposal for a directive
Article 46 – paragraph 2
2. ASubject to the conditions laid down in Article 15 of Regulation (EU) No ... [on Community macro-prudential oversight of the financial system and establishing a European Systemic Risk Board] aggregated information relating to the activities of AIFM under itstheir responsibility shall be communicated on a quarterly basis by the competent authorityies of the AIFM to the Economic and Financial Committee established by Article 114(2) of the EC Treatyhome Member State to the ESRB.
2010/02/18
Committee: ECON
Amendment 1619 #

2009/0064(COD)

Proposal for a directive
Article 46 – paragraph 3
3. The Commission shall adopt implementing measures specifying the modalities, content and frequency of the information to be exchanged pursuant to paragraphs 1 and 2.
2010/02/18
Committee: ECON
Amendment 1621 #

2009/0064(COD)

Proposal for a directive
Article 47 – paragraph 1
1. The competent authorities of one Member State may request the co- operation of the competent authorities of another Member State in a supervisory activity or for an on-the-spot verification or in an investigation on the territory of the latter within the framework of their powers pursuant to this Directive, promptly informing the ESMA thereof. Where athe competent authorityies receives a request with respect to an on-the-spot verification or an investigation, ithey shall perform one of the following: (a) carry out the verification or investigation itselfthemselves; (b) allow the requesting authority to carry out the verification or investigation; (c) allow auditors or experts to carry out the verification or investigation. When carrying out the verification or investigation referred to in this paragraph, the competent authorities shall take into account any comments provided by the ESMA in this regard.
2010/02/18
Committee: ECON
Amendment 1622 #

2009/0064(COD)

Proposal for a directive
Article 47 – paragraph 3 a (new)
3a. The competent authorities of a Member State shall promptly inform the ESMA of situations where a request: (a) to carry out an investigation or on-the- spot verification under paragraph 1 has been rejected or has not been acted on within a reasonable time; or (b) for authorisation for its officials to accompany those of the competent authorities of the other Member State has been rejected or has not been acted upon within a reasonable time.
2010/02/18
Committee: ECON
Amendment 1623 #

2009/0064(COD)

Proposal for a directive
Article 47 – paragraph 4 – subparagraph 1
4. The Commission shall adopt implementing measure, in accordance with Articles 49a, 49b and 49c, adopt delegated acts concerning procedures for on-the-spot verifications and investigations and the modalities of information of the ESMA under this article.
2010/02/18
Committee: ECON
Amendment 7 #

2009/0035(COD)

Draft opinion
Paragraph 1 a (new)
In its revision, the Commission is urged to pay due attention to the reduction of the administrative burden on SMEs and, in particular, on micro-entities. Simplified accounting principles for micro-entities and simplified presentation formats for the annual accounts of micro-entities should be the main aim of the revision. Furthermore, the Commission should encourage Member States to simplify publication procedures for the annual accounts of micro-entities in a cost- efficient way. In order not to cause fragmentation of the internal market and to ensure a level playing field, a European framework should be maintained.
2009/10/02
Committee: ECON