Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ECON | SAUDARGAS Paulius ( PPE) | BAJADA Thomas ( S&D), ZIJLSTRA Auke ( PfE), NESCI Denis ( ECR), LØKKEGAARD Morten ( RE), OHISALO Maria ( Verts/ALE), SARAMO Jussi ( GUE/NGL), AUST René ( ESN) |
Former Responsible Committee | ECON | KARAS Othmar ( EPP) | |
Former Committee Opinion | BUDG | ||
Former Committee Opinion | JURI | ||
Former Committee Opinion | AFCO |
Lead committee dossier:
Legal Basis:
TFEU 114, TFEU 173-p3, TFEU 175-p3
Legal Basis:
TFEU 114, TFEU 173-p3, TFEU 175-p3Subjects
Events
The European Parliament adopted by 580 votes to 2, with 32 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1092/2010, (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010 and (EU) 2021/523 as regards certain reporting requirements in the fields of financial services and investment support.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Streamlining of reporting and disclosure requirements
Financial institutions and other entities active on financial markets are required to report a wide range of information to enable Union and national authorities overseeing the financial system to monitor risks, ensure financial stability and market integrity, and protect investors and consumers of financial services in the Union.
According to the amended text, the European Supervisory Authorities and the European Anti-Money Laundering Authority should regularly review the reporting and disclosure requirements and propose, where appropriate, to streamline and remove redundant, obsolete or disproportionate requirements in relevant regulatory and implementing technical standards.
In addition, peer reviews of competent authorities should also be conducted to improve the effectiveness and the degree of convergence of those requirements. Both the tasks under the common supervisory culture as well as the peer reviews should be carried out on a standing basis, for which more human and material resources should be allocated as necessary.
Facilitating the sharing and reuse of information collected by the authorities responsible for supervision in the financial sector, while safeguarding data protection, professional secrecy and intellectual property, should reduce the burden on reporting entities and on authorities by avoiding duplicative requests.
Scope
The proposed amendments should also cover anti-money laundering authorities, resolution authorities and the supervisory functions of central banks. Accordingly, amendments are introduced with a view to amending Council Regulation (EU) 1024/2013, Regulation (EU) 806/2014 and the Regulation establishing the Anti-Money Laundering Authority.
In order to foster the exchange of information across the entire financial sector, it is proposed that all authorities responsible for supervision in the financial sector, including the European Systemic Risk Board (ESRB), the European Supervisory Authorities (ESAs), the Anti-Money Laundering Authority (AMLA), the Single Supervisory Mechanism (SSM), the Single Resolution Board (SRB), as well as all respective competent, supervisory and resolution authorities in the Member States, should be included in the scope of this amending Regulation.
Establishment of a Single Integrated Reporting System
The amended text stressed the need to enforce the ‘report once’ principle more consistently in the Union. All authorities responsible for supervision in the financial sector should only request information from financial institutions or other reporting entities if they have not already reported that information to other authorities. If information has already been reported to an authority, other authorities, should be able to request that information from that authority directly as opposed to collecting the same information, thereby putting an end to so-called double reporting.
By 2 years from the date of entry into force of this amending Regulation, all authorities responsible for supervision in the financial sector in the Union should establish a Single Integrated Reporting System. This system should include:
- a common data dictionary to ensure consistency and clarity of reporting requirements and data standardisation;
- a joint repository of reporting and disclosure requirements, of the descriptions of the collected data and of the authorities that hold it;
- a central data space including the technical design for collecting and exchanging information; and
- a permanent single contact point for entities to indicate instances of double reporting, and redundant or obsolete reporting or disclosure requirements.
ESAs opinions
The European Supervisory Authorities and the European Anti-Money Laundering Authority should therefore not only review regulatory and implementing technical standards, but should also provide opinions on ongoing ordinary legislative procedures and legislative acts already in force in order to:
- remove redundant or obsolete reporting and disclosure requirements in Union law or the national transposition of Union law by Member States;
- ensure consistent reporting and disclosure requirements across sector-specific, as well as cross-sector, legislation;
- ensure proportionality in reporting and disclosure requirements with respect to the nature, size and complexity of the reporting entity;
- ensure that complying with reporting and disclosure requirements are commensurate with the added value to fulfilling the tasks and objectives of the Authority.
Detection of systematic risks
In order to facilitate the detection, monitoring, prevention and mitigation of systemic risks to financial stability, the ESRB should have access to relevant information from the ESAs and the ECB by default. In that way, systematic risks could be better detected ex ante, as opposed to ex post, due to more rigorous request and sharing procedures.
Use of digital technology
The European Supervisory Authorities should assess policy options to further integrate reporting processes from a procedural and content perspective. They should duly assess opportunities arising from an increase in the use of digital technology to promote effective and efficient formats that embrace metrics, methods, and parameters, which will foster the competitiveness of the financial sector.
The Committee on Economic Affairs adopted the report by Othmar KARAS (EPP, AT) on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1092/2010, (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010 and (EU) 2021/523 as regards certain reporting requirements in the fields of financial services and investment support.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Streamlining of reporting and disclosure requirements
The amended text stressed reporting and disclosure requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil their intended purpose, to limit the administrative burden and to avoid undue duplication, not least for the regulatory and supervisory authorities of smaller financial jurisdictions. Reporting and disclosure requirements can also impose a disproportionate burden on entities, particularly on small and medium-sized enterprises or micro-enterprises.
Scope
Members propose that the proposed amendments should also cover anti-money laundering authorities, resolution authorities and the supervisory functions of central banks. Accordingly, amendments are proposed to Council Regulation (EU) 1024/2013, Regulation (EU) 806/2014 and the Regulation establishing the Anti-Money Laundering Authority.
In order to foster the exchange of information across the entire financial sector, it is proposed that all authorities responsible for supervision in the financial sector, including the European Systemic Risk Board (ESRB), the European Supervisory Authorities (ESAs), the Anti-Money Laundering Authority (AMLA), the Single Supervisory Mechanism (SSM), the Single Resolution Board (SRB), as well as all respective competent, supervisory and resolution authorities in the Member States, should be included in the scope of this amending Regulation.
Review of the reporting requirements
The European Supervisory Authorities and the European Anti-Money Laundering Authority should regularly review the reporting and disclosure requirements and propose, where appropriate, to streamline and remove redundant, obsolete or disproportionate requirements in relevant regulatory and implementing technical standards. The European Supervisory Authorities should coordinate this work via the Joint Committee of the European Supervisory Authorities.
In addition, peer reviews of competent authorities should also be conducted to improve the effectiveness and the degree of convergence of those requirements. Both the tasks under the common supervisory culture as well as the peer reviews should be carried out on a standing basis, for which more human and material resources should be allocated as necessary.
Establishment of a Single Integrated Reporting System
The amended text stressed the need to enforce the ‘report once’ principle more consistently in the Union. All authorities responsible for supervision in the financial sector should only request information from financial institutions or other reporting entities if they have not already reported that information to other authorities. If information has already been reported to an authority, other authorities, should be able to request that information from that authority directly as opposed to collecting the same information, thereby putting an end to so-called double reporting.
All authorities responsible for supervision in the financial sector in the Union should establish a Single Integrated Reporting System. That system should include a common data dictionary that ensures consistency and clarity of reporting requirements and data standardisation, a joint repository of requested and obtained data, a central data space for efficient data collection and exchange as well as a permanent single contact point for entities to indicate double, obsolete or redundant reporting and disclosure requirements.
ESAs opinions
The European Supervisory Authorities and the European Anti-Money Laundering Authority should therefore not only review regulatory and implementing technical standards, but should also provide opinions on ongoing ordinary legislative procedures and legislative acts already in force.
Detection of systematic risks
In order to facilitate the detection, monitoring, prevention and mitigation of systemic risks to financial stability, the ESRB should have access to relevant information from the ESAs and the ECB by default. In that way, systematic risks could be better detected ex ante, as opposed to ex post, due to more rigorous request and sharing procedures.
Use of digital technology
The European Supervisory Authorities should assess policy options to further integrate reporting processes from a procedural and content perspective. They should duly assess opportunities arising from an increase in the use of digital technology to promote effective and efficient formats that embrace metrics, methods, and parameters, which will foster the competitiveness of the financial sector.
PURPOSE: to amend Regulations (EU) No 1092/2010, (EU) No 1093/2010, (EU) No 1094/2010, (EU) No 1095/2010 and (EU) 2021/523 as regards certain reporting requirements in the fields of financial services and investment support.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. Reporting requirements can however also impose disproportionate burdens on stakeholders, particularly affecting SMEs and micro-companies, also given organisational and technological developments that call for original reporting requirements to be adjusted. Their cumulation over time can result in redundant, duplicating or obsolete obligations, inefficient frequency and timing, or inadequate methods of collection.
Streamlining reporting obligations and reducing the administrative burden are therefore a priority.
Regulation (EU) No 1092/2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board, Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No 1094/2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions, Regulation (EU) No 1095/2010 establishing a European Supervisory Authority and Regulation (EU) 2021/523 establishing the InvestEU Programme contain a certain number of reporting requirements which should be simplified.
In line with the Commission’s Communication on ‘ Long-term competitiveness of the EU: looking beyond 2030 ’, this proposal is part of a first package of measures to rationalise reporting requirements. This is a step in a process looking comprehensively at existing reporting requirements, with a view to assess their continued relevance and to make them more efficient.
CONTENT: the proposal seeks to rationalise reporting requirements in headline ambition ‘An economy that works for people’.
The proposed amendments to Regulation (EU) 1092/2010, Regulation (EU) 1093/2010, Regulation (EU) 1094/2010 and Regulation (EU) 1095/2010 set out how authorities overseeing the EU financial sector may share with each other information that they have obtained in carrying out their duties.
In the area of the internal market and specifically the financial services sector , the proposal will facilitate the exchange of information between authorities overseeing the financial sector and the consolidation of reporting currently performed under various requirements. The reporting requirements concern financial institutions and other financial market participants.
The proposal for the exchange of information between authorities overseeing the financial sector aims to avoid duplicative reporting requests where multiple authorities have the power to collect certain data from financial institutions or other market participants (whether the authorities already collect it or not) but lack the explicit legal basis to share it among themselves. The proposal is complemented by a mandate for the authorities to regularly review and remove reporting requirements that have become redundant or obsolete for instance due to enhanced information exchange.
The proposal will also increase the ability of the Commission to obtain data to prepare policies and carry out impact assessments and evaluations.
To further improve the utility of the reported data, the proposal also aims to support the use of information for the purpose of research and innovation in financial services, by allowing, under strict conditions, the sharing of information held by authorities with financial institutions, researchers, and other entities with a legitimate interest. The proposal will permit authorities to share relevant information obtained as part of their duties, subject to the safeguards on personal data, intellectual property rights and business confidentiality.
In the policy areas of competitiveness, growth, employment, innovation, social resilience, cohesion and strategic investments , the proposal aims to rationalise the requirements for reporting on implementation of the InvestEU Programme. The requirements cover the following sectors: access to finance for SMEs and investment support to companies in sustainable infrastructure, research, innovation and digitisation, and social investment and skills.
The proposal changes the reporting frequency from biannual to annual, which reduces the workload and administrative burden across all InvestEU windows (i.e. Sustainable infrastructure, SMEs, Research, innovation and digitisation, social investment and skills), with negligible implications on implementation of the programme.
Documents
- Commission response to text adopted in plenary: SP(2024)350
- European Central Bank: opinion, guideline, report: CON/2024/0021
- European Central Bank: opinion, guideline, report: OJ OJ C 16.08.2024
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0128/2024
- Economic and Social Committee: opinion, report: CES5424/2023
- Committee report tabled for plenary, 1st reading: A9-0026/2024
- Amendments tabled in committee: PE757.995
- Committee draft report: PE757.366
- Legislative proposal published: COM(2023)0593
- Legislative proposal published: EUR-Lex
- Committee draft report: PE757.366
- Amendments tabled in committee: PE757.995
- Economic and Social Committee: opinion, report: CES5424/2023
- European Central Bank: opinion, guideline, report: CON/2024/0021 OJ OJ C 16.08.2024
- Commission response to text adopted in plenary: SP(2024)350
Activities
Votes
A9-0026/2024 – Othmar Karas – Commission proposal and amendment #
Amendments | Dossier |
70 |
2023/0363(COD)
2024/01/10
ECON
70 amendments...
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 1092/2010 Article 15 – paragraph 14 a (new) 14a. The ESRB is encouraged to draw up a report to the Commission with obstacles to data sharing. The report may also include non-material, obsolete, duplicative or otherwise irrelevant reporting requirements.
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Regulation (EU) No 1093/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to remove disproportionate, redundant or obsolete reporting and disclosure requirements and minimise costs
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Regulation (EU) No 1093/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to address regulatory gaps, remove redundant, duplicative or obsolete reporting requirements, standardise such requirements and minimise costs;;
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Regulation (EU) No 1093/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to remove redundant, disproportionate or obsolete reporting requirements and minimise costs
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 Regulation (EU) No 1093/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to remove redundant
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EU) No 1093/2010 Article 30 – paragraph 3 – point e (e) the effectiveness of national reporting requirements and the degree of convergence of such requirements with the ones set out in Union law while taking into account the specific characteristics of national financial jurisdictions .;
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 Regulation (EU) No 1093/2010 Article 30 – paragraph 3 – point e (e) the effectiveness of national reporting requirements and the degree of convergence and suitability of such requirements with the ones set out in Union law.’;
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 Regulation EU (No) 1093/2010 Article 35 – paragraph 4 4. Before requesting information in accordance with this Article and in order to
Amendment 108 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EU) No 1093/2010 Article 35 a – paragraph 1 1. The Authority and the competent authorities shall share with other authorities, on a case-by-case or regular basis, information they obtained from financial institutions or other competent authorities in carrying out their duties, when requested by the other European Supervisory Authorities, the ESRB or competent authorities as defined in Article 4, point (2), of this Regulation, in Article 4, point (2), of Regulation (EU) No 1094/2010 or in Article 4, point (3) of Regulation (EU) No 1095/2010, or the authorities defined in Article 2, point (1), of Directive (EU) …/… of the European Parliament and of the Council11
Amendment 109 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EU) No 1093/2010 Article 35 a – paragraph 4 4. For sharing information as referred to in paragraphs 1, 2 and 3, the authorities referred to in paragraph 1 may enter into memoranda of understanding to specify the modalities of the exchange of information. They may also specify arrangements for the sharing of resources for the collection and processing of such shared data. The memoranda of understanding shall by agreement between all the authorities concerned follow a standardised format, tailored when necessary to the special operating conditions that might apply to specific authorities.
Amendment 110 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation (EU) No 1093/2010 Article 35 a – paragraph 7 – subparagraph 2 Information received from another authority shall only be shared on this basis with the agreement of the authority that initially obtained the information.;
Amendment 111 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 Regulation EU (No) 1093/2010 Article 35 a – paragraph 7 a (new) 7a. The Authority may draw up a report to the Commission with obstacles to data sharing. The report may also include non-material, obsolete, duplicative or otherwise irrelevant reporting requirements, and suggestions to ensure consistency between reporting requirements of financial and non- financial companies.
Amendment 112 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 Regulation (EU) No 1093/2010 Article 54 – paragraph 2 – indent 9 – reporting and disclosure requirements and the collection of information from financial institutions.;
Amendment 113 #
Proposal for a regulation Article 2 - paragraph 1 – point 6 a (new) Regulation (EU) No 1093/2010 Article 80 a (6a) the following Article is inserted: "Article 80a The Authority shall, by 31 June 2025, report to the Commission on the appropriateness of the following legislation: – Regulation 2019/2088 (SFDR) – Regulation 575/2013(CRR) – Regulation 596/2014 (MAR) More specifically, the Authority shall, where relevant, assess whether the above- mentioned legislation conforms with the following principles: – Whether the data required of the financial institution for the use by the competent authority is strictly necessary for supervisory purposes – Whether the data required of the financial institution for the use by the competent authority respects the principle of proportionality as regards the size and nature of the activities of the financial institution – Whether the same data is requested by different legislations and whether this data is communicated uniformly to the competent authority – Whether the cumulative impact of the reporting requirements is strictly necessary for consumer protection For the purpose of this report, the Authority shall take due account of input from relevant stakeholders. On the basis of that report, the Commission shall, by 31 December 2025, submit to the Parliament and the Council a legislative proposal to reduce excessive reporting requirements"
Amendment 114 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 Regulation (EU) No 1094/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to remove disproportionate, redundant or obsolete reporting and disclosure requirements and
Amendment 115 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 Regulation (EU) No 1094/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to address regulatory gaps, remove redundant, duplicative or obsolete reporting requirements, standardise such requirements and minimise costs;;
Amendment 116 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 Regulation (EU) No 1094/2010 Article 30 – paragraph 3 – point e (e) the effectiveness of national reporting requirements and the degree of convergence of such requirements with the ones set out in Union law, while taking into account the specific characteristics of national insurance markets and jurisdictions.;
Amendment 117 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 Regulation (EU) No 1094/2010 Article 35 a – paragraph 1 1. The Authority and the competent authorities shall share with other authorities, on a case-by-case or regular basis, information they obtained from financial institutions or other competent authorities in carrying out their duties, when requested by the other European Supervisory Authorities, the ESRB or competent authorities as defined in Article 4, point (2) of this Regulation, in Article 4, point (2), of Regulation (EU) No 1093/2010 or in Article 4, point (3), of Regulation (EU) No 1095/2010, or the authorities defined in Article 2, point (1), of Directive (EU) …/… of the European Parliament and of the Council13
Amendment 118 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 Regulation (EU) No 1094/2010 Article 35 a – paragraph 4 4. For sharing information as referred to paragraphs 1, 2 and 3, the authorities referred to in paragraph 1 may enter into memoranda of understanding to specify the modalities of the exchange of information. They may also specify arrangements for the sharing of resources for the collection and processing of such shared data. The memoranda of understanding shall by agreement between all the authorities concerned follow a standardised format, tailored when necessary to the special operating conditions that might apply to specific authorities.
Amendment 119 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 Regulation (EU) No 1094/2010 Article 35 a – paragraph 7 – subparagraph 2 Information received from another authority shall only be shared on this basis with the agreement of the authority that initially obtained the information. ;
Amendment 120 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 Regulation (EU) No 1094/2010 Article 35 a – paragraph 7 a (new) 7a. The Authority and the competent authorities shall, by 31 December 2024, report to the Commission all legal obstacles in sector-specific legislation that prevent them from exchanging information with other authorities or bodies in any way. On the basis of that report and taking due account of the protection of intellectual property rights, professional secrecy obligations and data protection, the Commission shall, where appropriate, submit by 30 June 2025 a legislative proposal to the European Parliament and the Council with a view to removing such legal obstacles in sector- specific legislation and facilitating the exchange of information between authorities and with other bodies.
Amendment 121 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 Regulation (EU) No 1094/2010 Article 35 a – paragraph 7 a (new) 7a. The Authority may draw up a report to the Commission with obstacles to data sharing. The report may also include non-material, obsolete, duplicative or otherwise irrelevant reporting requirements, and suggestions to ensure consistency between reporting requirements of financial and non- financial companies.
Amendment 122 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Regulation (EU) No 1094/2010 Article 54 – paragraph 2 – indent 9 a – reporting and disclosure requirements and the collection of information from financial institutions.;
Amendment 123 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 a (new) Regulation (EU) No 1094/2010 Article 80 a new Amendment 124 #
Proposal for a regulation Article 4 – paragraph 1 – point 1 Regulation (EU) No 1095/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to remove disproportionate, redundant or obsolete reporting and disclosure requirements and minimise costs
Amendment 125 #
Proposal for a regulation Article 4 – paragraph 1 – point 1 Regulation (EU) No 1095/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to address regulatory gaps, remove redundant, duplicative or obsolete reporting requirements, standardise such requirements and minimise costs;;
Amendment 126 #
Proposal for a regulation Article 4 – paragraph 1 – point 1 Regulation (EU) No 1095/2010 Article 29 – paragraph 1 – point d (d) reviewing the application of the relevant regulatory and implementing technical standards adopted by the Commission, and of the guidelines and recommendations issued by the Authority and proposing amendments where appropriate, including to remove redundant, disproportionate or obsolete reporting requirements and minimise costs
Amendment 127 #
Proposal for a regulation Article 4 – paragraph 1 – point 2 Regulation (EU) No 1095/2010 Article 30 – paragraph 3 – point e (e) the effectiveness of national reporting requirements and the degree of convergence of such requirements with the ones set out in Union law, while not unnecessary limiting the discretion for national best practices in line with point (c) of this paragraph.;
Amendment 128 #
Proposal for a regulation Article 4 – paragraph 1 – point 4 Regulation (EU) No 1095/2010 Article 35 a – paragraph 1 1. The Authority and the competent authorities shall share with other authorities, on a case-by-case or regular basis, information they obtained from financial institutions or other competent authorities in carrying out their duties, when requested by the other European Supervisory Authorities, the ESRB or competent authorities as defined in Article 4, point (3) of this Regulation, in Article 4, point (2), of Regulation (EU) No 1093/2010 or in Article 4, point (2), of Regulation (EU) No 1094/2010, or the authorities defined in Article 2, point (1), of Directive (EU) …/… of the European Parliament and of the Council15
Amendment 129 #
Proposal for a regulation Article 4 – paragraph 1 – point 4 Regulation (EU) No 1095/2010 Article 35 a – paragraph 4 4. For sharing information as referred to in paragraphs 1, 2 and 3, the authorities referred to in paragraph 1 may enter into memoranda of understanding to specify the modalities of the exchange of information. They may also specify arrangements for the sharing of resources for the collection and processing of such shared data. The memoranda of understanding shall by agreement between all the authorities concerned follow a standardised format, tailored when necessary to the special operating conditions that might apply to specific authorities.
Amendment 130 #
Proposal for a regulation Article 4 – paragraph 1 – point 4 Regulation (EU) No 1095/2010 Article 35 a – paragraph 7 – subparagraph 2 Information received from another authority shall only be shared on this basis with the agreement of the authority that initially obtained the information.;
Amendment 131 #
Proposal for a regulation Article 4 – paragraph 1 – point 4 Regulation (EU) No 1095/2010 Article 35 a – paragraph 7 a (new) 7a. The Authority and the competent authorities shall, by 31 December 2024, report to the Commission all legal obstacles in sector-specific legislation that prevent them from exchanging information with other authorities or bodies in any way. On the basis of that report and taking due account of the protection of intellectual property rights, professional secrecy obligations and data protection, the Commission shall, where appropriate, submit by 30 June 2025 a legislative proposal to the European Parliament and the Council with a view to removing such legal obstacles in sector- specific legislation and facilitating the exchange of information between authorities and with other bodies.
Amendment 132 #
Proposal for a regulation Article 4 – paragraph 1 – point 4 Regulation (EU) No 1095/2010 Article 35 a – paragraph 7 a (new) 7a. The Authority may draw up a report to the Commission with obstacles to data sharing. The report may also include non-material, obsolete, duplicative or otherwise irrelevant reporting requirements, and suggestions to ensure consistency between reporting requirements of financial and non- financial companies.
Amendment 133 #
Proposal for a regulation Article 4 – paragraph 1 – point 4 a (new) Regulation (EU) No 1095/2010 Article 35 a – paragraph 7 a 7a. The Authority and the competent authorities shall, by 31 December 2024, report to the Commission all legal obstacles in sector-specific legislation that prevent them from exchanging information with other authorities or bodies in any way. On the basis of that report and taking due account of the protection of intellectual property rights, professional secrecy obligations and data protection, the Commission shall, where appropriate, submit by 30 June 2025 a legislative proposal to the European Parliament and the Council with a view to removing such legal obstacles in sector- specific legislation and facilitating the exchange of information between authorities and with other bodies.
Amendment 134 #
Proposal for a regulation Article 4 – paragraph 1 – point 5 Regulation (EU) No 1095/2010 Article 54 – paragraph 2 – indent 9 – reporting and disclosure requirements and the collection of information from financial market participants.;
Amendment 135 #
Proposal for a regulation Article 5 – paragraph -1 (new) Regulation (EU) No 2021/523 Article 8 – paragraph 6 – introductory part Amendment 136 #
Proposal for a regulation Article 5 – paragraph -1 (new) Regulation (EU) No 2021/523 Article 8 – paragraph 6 – introductory part Amendment 137 #
Proposal for a regulation Article 5 – paragraph -1 (new) Regulation (EU) No 2021/523 Article 8 – paragraph 6 – introductory part Amendment 138 #
Proposal for a regulation Article 5 – paragraph 1 – point -1 (new) Regulation (EU) No 2021/523 Article 8 – paragraph 6 -1. Article 8(6) the introductory part is replaced by the following: ‘The Commission shall develop sustainability guidance that, in accordance with Union environmental and social objectives and standards
Amendment 139 #
Proposal for a regulation Article 5 – paragraph -1 (new) Regulation (EU) No 2021/523 Article 8 – paragraph 6 – introductory part The Commission shall develop sustainability guidance that, in accordance with Union environmental and social objectives and standards and, taking appropriate account of the principle of ‘do no significant harm’ and considering the differences between the various types of infrastructure projects, allows for:
Amendment 140 #
Proposal for a regulation Article 5 – paragraph -1 a (new) Regulation (EU) No 2021/523 Article 13 – paragraph 7 – subparagraph 2 Amendment 141 #
Proposal for a regulation Article 5 – paragraph -1 a (new) Regulation (EU) No 2021/523 Article 13 – paragraph 7 – subparagraph 2 Amendment 142 #
Proposal for a regulation Article 5 – paragraph -1 a (new) Regulation (EU) No 2021/523 Article 13 – paragraph 7 – subparagraph 2 Amendment 143 #
Proposal for a regulation Article 5 – paragraph -1 a (new) Regulation (EU) No 2021/523 Article 13 – paragraph 7 – subparagraph 2 Contracts between the implementing partner and the final recipient or the financial intermediary or other entity referred to in point (a) of Article 16(1)
Amendment 144 #
Proposal for a regulation Article 5 – paragraph -1 b (new) Regulation (EU) No 2021/523 Article 17 – paragraph 2 – point (h) Amendment 145 #
Proposal for a regulation Article 5 – paragraph -1 b (new) Regulation (EU) No 2021/523 Article 17 – paragraph 2 – point (h) Amendment 146 #
Proposal for a regulation Article 5 – paragraph -1 b (new) Regulation (EU) No 2021/523 Article 17 – paragraph 2 – point (h) Amendment 147 #
Proposal for a regulation Article 5 – paragraph -1 b (new) Regulation (EU) No 2021/523 Article 17 – paragraph 2 – point (h) ‘(h) financial and operational reporting and monitoring of the financing and investment operations under the EU guarantee
Amendment 148 #
Proposal for a regulation Article 5 – paragraph 1 – point 1 Regulation (EU) No 2021/523 Article 28 – paragraph 4 4. Once a year, each implementing partner shall submit a report to the Commission on the financing and investment operations covered by this Regulation, broken down by EU compartment and Member State compartment, as appropriate. Each implementing partner shall also submit information on the Member State compartment to the Member State whose compartment it implements. The report shall include an assessment of compliance with the requirements on the use of the EU guarantee and with the key performance indicators laid down in Annex III to this Regulation. The report shall also include operational, statistical, financial and accounting data, including the results of any available audits on each financing or investment operation and an estimation of expected cash flows, at the level of compartment, policy window and the InvestEU Fund. The report from the EIB Group and, where appropriate, from other implementing partners, shall also include information on barriers to investment encountered when carrying out financing and investment operations covered by this Regulation. The reports shall contain the information the implementing partners have to provide under point (a) of Article 155(1) of the Financial Regulation.
Amendment 79 #
Proposal for a regulation Recital 1 (1) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil their intended purpose and
Amendment 80 #
Proposal for a regulation Recital 1 a (new) (1a) Reporting and disclosure requirements can also impose disproportionate burdens on interested parties, and can be particularly burdensome for small and medium-sized enterprises or micro-enterprises;
Amendment 81 #
Proposal for a regulation Recital 2 (2) Streamlining reporting obligations
Amendment 82 #
Proposal for a regulation Recital 2 (2) Streamlining reporting obligations and reducing administrative burdens
Amendment 83 #
Proposal for a regulation Recital 3 (3) Regulations (EU) No 1092/20104 , (EU) No 1093/20105 , (EU) No 1094/20106 , (EU) No 1095/20107 of the European Parliament and of the Council and Regulation (EU) 2021/523 contain a number of reporting requirements which should be simplified
Amendment 84 #
Proposal for a regulation Recital 3 a (new) (3a) This exercise is not meant to undermine any of the EU policy achievements and, in particular, acknowledges the growing demand of data needed to fulfil the objectives of the legislative files pertaining to the sustainable finance agenda. Yet, consistency and standardization across legal frameworks, across jurisdictions and over time can make requirements more workable without affecting the actual content of the reporting standards.
Amendment 85 #
Proposal for a regulation Recital 3 b (new) (3b) Divergences of data between Member States should also be analysed in a qualitative way. In particular, some EU legislations are by virtue of their legal base meant to provide partial or minimum harmonisation. Furthermore, some reporting standards are voluntary or follow an opt-in regime. Also, Member States may develop best practices or be frontrunners in reporting requirements, as long as they adhere the requirements in Union legislation.
Amendment 86 #
Proposal for a regulation Recital 4 (4) Financial institutions and other entities active on financial markets are required to report a wide range of information to enable Union and national authorities overseeing the financial system to monitor risks, ensure financial stability and market integrity, and protect investors and consumers of financial services in the Union. The European Supervisory Authorities should regularly review the reporting requirements and propose, where appropriate, to streamline and remove redundant or obsolete requirements.
Amendment 87 #
Proposal for a regulation Recital 4 (4) Financial institutions and other entities active on financial markets are required to report a wide range of information to enable Union and national authorities overseeing the financial system to monitor risks, ensure financial stability and market integrity, and protect investors and consumers of financial services in the Union. The European Supervisory Authorities and the European authority for countering money laundering and terrorist financing (AMLA) should regularly review the reporting and disclosure requirements and propose, where appropriate, to streamline and remove redundant
Amendment 88 #
Proposal for a regulation Recital 4 a (new) (4a) In order to foster the exchange of information across the entire financial sector, all authorities responsible for supervision in the financial sector, including the ESRB, the ESAs, the AMLA, the SSM, the SRB, as well as all respective competent, supervisory and resolution authorities in the Member States, should be included in the scope of this amending Regulation.
Amendment 89 #
Proposal for a regulation Recital 5 a (new) (5a) The European Supervisory Authorities should assess policy options to further integrate the reporting processes from a procedural and content perspective. The Authority should duly assess opportunities arising from increasing the use of digital technology promoting effective and efficient formats embracing metrics, methods, and parameters, which will foster the competitiveness of the insurance, reinsurance and occupational retirement sectors.
Amendment 90 #
Proposal for a regulation Recital 6 a (new) (6a) Some data points that are needed by financial institutions from companies to comply with their reporting obligations, are still not reflected in the EU reporting framework and need to be added. Therefore, on top of the need to address redundant, duplicative or obsolete reporting requirements, regulatory gaps should be considered. This also makes it important to ensure consistency between financial and non-financial reporting requirements.
Amendment 91 #
Proposal for a regulation Recital 6 b (new) (6b) Where relevant, financial institutions should be able to rely on a sequential approach, meaning that they may refer to information which has already been published by companies in their value chain.
Amendment 92 #
Proposal for a regulation Recital 8 (8) Innovation cycles in the financial sector are accelerating, becoming more open and increasingly collaborative. To that end, authorities should be able to share information with financial institutions, researchers, and other entities for the purposes of research and innovation beyond the initial purpose for which the information was collected. The sharing of such information held by authorities should enhance its utility by expanding the information available for financial sector research and provide more opportunities to test products and business models as well as greater collaboration between various financial market participants, including fintech, start-ups and incumbent financial institutions. The re-use of data shared by competent authority is governed by the general framework for the re-use of data set out in Chapter II of Regulation (EU) 2022/868 of the European Parliament and of the Council9 . However, considering the sensitive nature of the data received for supervision purposes by the authorities in the financial sector, specific mandatory conditions should be introduced for the re- use of this data, including the anonymi
Amendment 93 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 1092/2010 Article 15 – paragraph 8 8. The ESRB shall share, on a case- by-case or regular basis, information it obtained from another authority referred to in paragraph 2 or another member authority of the ESFS in carrying out its duties, when requested by another of those authorities, or another competent authority as defined in Article 4, point (2), of Regulation (EU) No 1093/2010, in Article 4, point (2), of Regulation (EU) No 1094/2010, or in Article 4, point (3) of Regulation (EU) No 1095/2010, or the authorities defined in Article 2, point (1), of Directive (EU) …/… of the European Parliament and of the Council10 , or the SSM as defined in Article 2, point (9), of Regulation (EU) No 1024/2013, or the SRB provided that the requesting authority has the power to obtain that same information from financial institutions or other competent authorities pursuant to Union law.
Amendment 94 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 1092/2010 Article 15 – paragraph 11 11. For sharing information as referred to in paragraphs 8, 9 and 10, the authorities referred to in paragraph 8 may enter into memoranda of understanding to specify the modalities of the exchange of information. They may also specify arrangements for the sharing of resources for the collection and processing of such shared data. The memoranda of understanding shall by agreement between all the authorities concerned follow a standardised format, tailored when necessary to the special operating conditions that might apply to specific authorities.
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 1092/2010 Article 15 – paragraph 11 11. For sharing information as referred to in paragraphs 8, 9 and 10, the authorities referred to in paragraph 8 may enter into memoranda of understanding to specify the modalities of the exchange of information. They may also specify arrangements for the sharing of resources for the collection and processing of such shared data, provided that they comply with the applicable rules on data protection, intellectual property and professional secrecy.
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 1092/2010 Article 15 – paragraph 13 13. Without prejudice to other obligations laid down in Union law for sharing information, the ESRB shall, upon justified request and on a case-by-case basis, share with the Commission or one of the authorities referred to in paragraph 8 information that other authorities have reported to it pursuant to their obligations under Union law. The ESRB shall transmit that information in a form that does not allow the identification of individual entities and does not contain personal data. The authorities which have submitted such information shall be duly informed of the sharing that has taken place.
Amendment 97 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 (c) those concerned have demonstrated that they are have the requisite technical means in that they possess instruments capable of fully ensuring the protection of privacy and confidentiality,
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 1092/2010 Article 15 – paragraph 14 – subparagraph 2 Information received from another authority shall only be shared on this basis with the agreement of the authority that initially obtained the information.
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 1092/2010 Article 14 a (new) 14a. The ESRB shall, by 31 December 2024, report to the Commission all legal obstacles in sector-specific legislation preventing the ESRB from exchanging information with other authorities or bodies in any way. On the basis of that report and taking due account of the protection of intellectual property rights, professional secrecy obligations and data protection, the Commission shall, where appropriate, submit a legislative proposal to the European Parliament and the Council with a view to removing such legal obstacles in sector-specific legislation and facilitating the exchange of information between authorities and with other bodies.
source: 757.995
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