63 Amendments of Fulvio MARTUSCIELLO related to 2023/0205(COD)
Amendment 157 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has a stated policy interest in enabling access of customers of financial institutions to their financial data. The Commission confirmed in its communication on a digital finance strategy and Communication on a capital markets union adopted in 2021 an intention to put in place a framework for financial data access to reap the benefits for customers of data sharingunlocking their data in the financial sector. Such benefits include the development and provision by the financial sector of data-driven financial products and financial services, made possible by the sharing of customere-use of customer data. By creating synergies with data from other relevant sectors, the innovative potential of such financial products and financial services could be further enhanced to the benefit of customers and the overall data economy. The goal of the European Commission should be a data sharing across sectors, as promoted by its strategy for data.
Amendment 167 #
Proposal for a regulation
Recital 9
Recital 9
(9) The data included in the scope of this Regulation should demonstrate high value added for financial innovation as well as low financial exclusion risk for consumers. This Regulation should therefore not cover data related to the sickness and health insurance of a consumer in accordance with Directive 2009/138/EC of the European Parliament and of the Council10 as well as data on life insurance products of a consumer in accordance with Directive 2009/138/EC other than life insurance contracts covered by insurance-based investment products. This Regulation should also not cover data collected as part of a creditworthiness assessment of a consumer. The sharing of customer data in the scope of this Regulation should respect the protection of confidential business data and trade secrets. of both the customer and data holder. An obligation to make data available to a data user shall not oblige the disclosure of trade secrets within the meaning of Directive (EU) 2016/943, including but not limited to mathematical and methodological approaches. _________________ 10 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) (recast) (OJ L 335, 17.12.2009, p. 1).
Amendment 169 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) For the purpose of the provision of financial services and product in scope of this Regulation, data holders and data users should comply with existing Union rules and guidelines regarding the access to and use of personal data.
Amendment 171 #
Proposal for a regulation
Recital 10
Recital 10
(10) The sharing of theaccess of customer data in the scope of this Regulation should be based on the explicit permission of the customer. In seeking the explicit permission of the customer to use his or her data, the data users should specify what use they intend to make of the customer’s data, should the customer provide permission. The legal obligation on data holders to shareenable access to customer data should be triggered once the customer has explicitly requested their data to be shared with a data user. This request can be submitted by a data user acting on behalf of the customermade accessible to a data user. In accordance with Regulation (EU) [2023/2854] of the European Parliament of the Council (Data Act), an undertaking providing core platform services that has been designated as a gatekeeper under Regulation (EU) 2022/19251b cannot be eligible as data user under this Regulation. The limitation on granting access to gatekeepers would not exclude them from the market and prevent them from offering its services, as voluntary agreements between them and the data holders remain unaffected. Where the processing of personal data is involved, a data user should have arely on one of the valid lawful basies for processing under Article 6 of Regulation (EU) 2016/679. The customers data can be processed only for the agreed purposes in the context of the service provided. Under this Regulation, these purposes should be strictly limited to the provision of a financial product, a financial service or a financial information service. The processing of personal data must respect the principles of personal data protection, including lawfulness, fairness and transparency, purpose limitation and data minimisation. A customer has the right to withdraw the permission given to a data user. W at any time. For example, when data processing is necessary for the performance of a contract, a customer should be able to withdraw permissions according to the contractual obligations to which the data subject is party. WSimilarly, when personal data processing is based on consent, a data subject has the rightshould be able to withdraw his or her consent at any time, as provided for in Regulation (EU) 2016/679. It should not be possible for the data user to transfer customer data to a third-party actor without this explicit permission, or even to another entity within the same group.
Amendment 178 #
Proposal for a regulation
Recital 11
Recital 11
(11) Enabling customers to share their data on their current investments can encourage innovation in the provision of retail investment services. Primary data collection to complete a suitability and appropriateness assessment of a retail investor is time-intensive for a customer and constitutes a significant cost factor for advisors and distributors of investment, pension, and insurance-based investment products. The sharing of customer data on holdings of savings and investments in financial instruments including insurance-based investment products and data collected for the purposes of carrying out a suitability and appropriateness assessment can improve investment advice for consumers and has strong innovative potential, including in the development of personalised investment advice and investment management tools that can make retail investment advice more efficient. Such management tools are already being developed in the market and can develop more effectively in the context where a customer can share their investment-related data.
Amendment 180 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 186 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 193 #
Proposal for a regulation
Recital 22
Recital 22
(22) The permission dashboard should display the permissions given by a customer, including when personal data are shared based on consent or are necessary for the performance of a contract. The permission dashboard should warn a customer in a standard way of the risk of possible contractual consequences of the withdrawal of a permission, but the customer should remain responsible for managing such risk. The permission dashboard should be used to manage existing permissions. Data holdusers should inform data usholders in real-timemmediately of any withdrawal of a permission. The permission dashboard should include a record of permissions that have been withdrawn or have expired for a period of up to two years to allow the customer to keep track of their permissions in an informed and impartial manner. Data users should inform data holders in real-time of new and re-establishedmmediately of new permissions granted by customers, including the duration of validity of the permission and a short summary of the purpose of the permission. The information provided on the permission dashboard is without prejudice to the information requirements under Regulation (EU) 2016/679.
Amendment 204 #
Proposal for a regulation
Recital 25
Recital 25
(25) In order to enable the contractual and technical interaction necessary for implementing data access between multiple financial institutions, data holders and data users should bare required to be part of financial data sharing schemes. These schemes should develop data and interface standards, joint standardised contractual frameworks governing access to specific datasets, and governance rules related to data sharing. In order to ensure that schemes function effectively, it is necessary to establish general principles for the governance of these schemes, including rules on inclusive governance and participation of data holders, data users and customers (to ensure balanced representation in schemes), transparency requirements, and a well-functioning appeal and review procedure (notably around the decision-making of schemes). Financial data sharing schemes must comply with Union rules in the area of consumer protection and data protection, privacy, and competition. The participants in such schemes are also encouraged to draw up codes of conduct similar to those prepared by controllers and processors under Article 40 of Regulation (EU) 2016/679. While such schemes may build upon existing market initiatives, the requirements set out in this Regulation should be specific to financial data sharing schemes or parts thereof which market participants use to fulfil their obligations under this Regulation after the data of application of these obligations.
Amendment 207 #
Proposal for a regulation
Recital 28
Recital 28
(28) Data holders and data users should be allowed to use existing market standards and infrastructures for technical interfaces like application programming interfaces when developing common standards for mandatory data sharingaccess.
Amendment 211 #
Proposal for a regulation
Recital 31
Recital 31
(31) To promote consumer protection, enhance customer trust and ensure a level playing field, it is necessary to lay down rules on who is eligible to access customers’ data. Such rules should ensure that all data users are authorised and supervised by competent authorities. This would ensure that data can be accessed only by regulated financial institutions or by firms subject to a dedicated authorisation as financial information service providers’ (‘FISPs’) which is subject to this Regulation. Eligibility rules on FISPs, are needed to safeguard financial stability, market integrity and consumer protection, as FISPs would provide financial products and services to customers in the Unioninformation services and would access data held by financial institutions and the integrity of which is essential to preserve the financial institutions’ ability to continue providing financial services in a safe and sound manner. Such rules are also required to guarantee the proper supervision of FISPs by competent authorities in line with their mandate to safeguard financial stability and integrity in the Union, which would allow FISPs to provide throughout the Union the financial information services for which they are authorised.
Amendment 217 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to enable effective supervision and to eliminate the possibility of evading or circumventing supervision, financial information service providers must be either legally incorporated in the Union or in case they are incorporaonly be provided by legal persons that have a registered office in a Member State in which they intend in a third country appoint a legal represento carry out or do carry out substantive in the Unionbusiness activities. An effective supervision by the competent authorities is necessary for the enforcement of requirements under this Regulation to ensure integrity and stability of the financial system and to protect consumers. The requirement of legal incorporation of financial information service providers in the Union or the appointment of a legal representative in the Union does not amount to data localisation since this Regulation does not entail any further requirement on data processing including storage to be undertaken in Union.
Amendment 218 #
Proposal for a regulation
Recital 34
Recital 34
(34) A financial information service provider should be authorised in the jurisdiction of the Member State where its main establishment is located, that is, where the financial information service provider intends to carry out substantive business activities and where it has its head office or registered office within which the principal functions and operational control are exercised. In respect of financial information service providers that do not have an establishment in the Union but require access to data in the Union and therefore fall within the scope of this Regulation, the Member State where those financial information service providers have appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation.
Amendment 221 #
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) 2016/679 applies when personal data are processed. ItProcessing of personal data in the context of this Regulation should be carried out in accordance with Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, as well as, where applicable, with Directive 2002/58/EC of the European Parliament and of the Council1a (ePrivacy Directive). Regulation (EU) 2016/679 provides for the rights of a data subject, including the right of access and right to port personal data. This Regulation is without prejudice to the rights of a data subject provided under Regulation (EU) 2016/679, including the right of access and right to data portability. This Regulation creates a legal obligation to shareprovide access to and enable re-use of customer personal and non-personal data upon customer’s request and mandates the technical feasibility of access and sharing for all types of data within the scope of this Regulation. The granting of permission by a customer is without prejudice to the obligations of data users under Article 6 of Regulation (EU) 2016/679. Permission should not be construed as ‘consent’ or ‘necessity for the performance of a contract’ as defined in Regulation (EU) 2016/679. Personal data that are made available and shared withto a data user should only be processed for services provided by a data user where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and, when applicable, where the requirements of Article 9 of that Regulation on the processing of special categories of data are met.
Amendment 230 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) mortgage credit agreements, loans and accounts as defined in Directive (EU)2014/17, loans to consumers as defined in Directive EU n. 2023/2225 , except payment accounts as defined in the Payment Services Directive (EU) 2015/2366, including data on balance, conditions and transactions;.
Amendment 236 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) savings, investments in financial instruments, insurance-based investment products, crypto-assets, real estate and other related financial assets as well as the economic benefits derived from such assets; including data collected for the purposes of carrying out an ass represented by term deposits, structured deposits and savings accounts, investments in financial instruments, in accordance with Section C of Annex I of Directive 2014/65/EU and excluding derivative transactions used for risk management purposes, insurance- based invesstment of suitability and appropriateness in accordance with Article 25 of Directive 2014/65/EU of the European Parliament and of the Council32 ; _________________ 32 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, p. 349).products, crypto-assets, as defined under Article 3(1)(5) of Regulation 2023/1114/EU, and other related financial assets as well as the economic benefits derived from such assets;
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) non-life insurance products in accordance with Directive 2009/138/EC, with the exception of sickness and health insurance products; including data collected for the purposes of a demands and needs assessment in accordance with Article 20 of Directive (EU) 2016/97 of the European Parliament and Council34 , and data collected for the purposes of an appropriateness and suitability assessment in accordance with Article 30 of Directive (EU) 2016/97. _________________ 34 Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) (OJ L 26, 2.2.2016, p. 19–5) European Parliament and Council;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
Amendment 280 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. This Regulation does not apply to special categories of data referred to in Article 9(1) of Regulation (EU) 2016/679.
Amendment 284 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. This Regulation is without prejudice to Union law and national law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment, which shall apply to personal data processed in connection with the rights and obligations laid down herein, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC, including the powers and competences of supervisory authorities and the rights of data subjects. Insofar as users are data subjects, the rights laid down in Chapter II of this Regulation shall complement the rights of access by data subjects and rights to data portability under Articles 15 and 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or privacy, or national legislation adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data or privacy shall prevail.
Amendment 295 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘customer’ means a natural or a legal person who makessmall and medium enterprise, as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003, residing or having the registered office in the Union who is a party to an agreement for the use of financial products and services referred to in Article 2(1);
Amendment 303 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘customer data’ means personal and non-personal data, related to the customer that is collected, stored and otherwise processed by a financial institution as part of their normal course of business wiin connection with an existing agreement between the customers which covers both data provided by a customer and data generated as a result of customer interaction with the f and the financial institution as the primary data holder for the provision of such financial products and services; data generated by a financial institution – by processing data provided directly or indirectly by the customer - shall not, in ancial institutiony case, be considered as customer data;
Amendment 314 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘data holder’ means a financial institution other than an accountr a financial information service provider holding one of the categories of data under Art. 2(1), that collects, stores and otherwise processes the data listed in Article 2(1) ;
Amendment 317 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6 a) ‘financial information service‘ means the online service of collecting, consolidating, storing and processing customer data to entities listed by Article 2 (2) and authorized to provide financial services and offer financial products to the customers;
Amendment 325 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘financial information service provider’ means a data user or a data holder that is authorised under Article 14 to access the customer data listed in Article 2(1) for the provision of financial information services;
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
Amendment 337 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
Amendment 343 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The data holder shall, upon request from a customer submitted by electronic meansauthorized by strong customer authentication mechanism, make the data listed in Article 2(1) available to the customer without undue delay, free of chargvia an online customer interface, without undue delay, free of charge, and where relevant and technically feasible, continuously and in real-time.
Amendment 349 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The data holder shall, upon explicit request from a customer submitted by electronic means, make available to a data usauthorized by strong customer authentication mechanism, make available to a data user acting on behalf of the customer the customer data listed in Article 2(1) only for the purposes for which the customer has granted permission torelating to the specific service for which the customer has given explicit permission for the use of their data user. The customer data shall be made available to the data user without undue delay, and where relevant and technically feasible, continuously and in real-time.
Amendment 354 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925, shall not be an eligible data user under this Regulation.
Amendment 365 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A data user shall only be eligible to access customer data pursuant to Article 5(1) if that data user is subject to prior authorisaprovide financial information services within the Union if that data user is a financial institution byor a competent authority as a financial institution legal person that has a registered office in the Union and has been author ised as financial information service provider pursuant to Article 14.
Amendment 377 #
Proposal for a regulation
Article 6 – paragraph 4 – point b a (new)
Article 6 – paragraph 4 – point b a (new)
(b a) respect the data protection rights of data subject and the level of protection guaranteed by General Data Protection Regulation.
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 4 – point e a (new)
Article 6 – paragraph 4 – point e a (new)
(e a) not make the data it receives available to an undertaking designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;
Amendment 393 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The processing of customer data referred to in Article 2(1) of this Regulation that constitutes personal data shall be limited to what is necessary in relation to the purposes for which they are processed. The processing of personal data referred to in Article 2(1) of this Regulation shall be made in accordance with art. 5.1 of the Regulation (EU) 2016/679.
Amendment 415 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – introductory part
Article 8 – paragraph 2 – point a – introductory part
(a) provide the customer with an overview of each ongoing permission given to data users, to the extent this information was provided to the data holder by the data user, including:
Amendment 426 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 434 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. The data holder and the data user for which permission has been granted by a customer shall cooperate to make information available to the customer via the dashboard in real-timemmediately. To fulfil the obligations in paragraph 2 points (a), (b), (c) and (d) of this Article:
Amendment 440 #
Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(b a) The data user shall immediately inform data holder of a permission withdrawal.
Amendment 441 #
Proposal for a regulation
Article 8 – paragraph 4 – point b b (new)
Article 8 – paragraph 4 – point b b (new)
(b b) The data user is responsible for the accuracy of the data provided to the data holder.
Amendment 442 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. The information provided on the permission dashboard is without prejudice to the requirements under Regulation 2016/679.
Amendment 444 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Within 18 months from the entry into force of this Regulation, data holders and data users shall become members of a financial data sharing scheme governing access to the customer data in compliance with Article 10Data holders and data users shall become members of a financial data sharing scheme governing access to the customer data in compliance with Article 10 according to the following timeline: i) 36 months from the entry into force of this Regulation for the first tier of customer data relating accounts (except payment accounts), savings (except structured deposits); ii) 48 months from the entry into force of this Regulation for the second tier of customer data relating loans, mortgage credits, crypto assets (provided that the bank knowingly holds the assets in custody on behalf of the customer); iii) 60 months from the entry into force of this Regulation for the third tier of customer data relating investments in financial instruments, structured deposits, insurance based investment products, other related financial assets (provided that the bank knowingly holding the assets in custody on behalf of the customer), non- life insurance products, occupational pension schemes, pan European private pension schemes. This measure should be implemented only after an adequate testing and assessment phase in order to check the benefits for the customers and their interests.
Amendment 457 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Any sharing of data shallmust be made in accordance with the rules and modalities ofand only through a financial data sharing scheme of which both the data user and the data holder are members.
Amendment 468 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point g
Article 10 – paragraph 1 – subparagraph 1 – point g
(g) a financial data sharingaccess scheme shall include the common standards for the data and the technical interfaces to allow customers to request data sharingaccess in accordance with Article 5(1). The common standards for the data and technical interfaces that scheme members agree to use may be developed by scheme members or by other parties or bodiesshall draw on existing international or industry-recognized standards or may be developed by scheme members or by other parties or bodies in coordination with the European Data Innovation Board established by Regulation (EU) 2022/868;
Amendment 470 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point g a (new)
Article 10 – paragraph 1 – subparagraph 1 – point g a (new)
(g a) a financial data access scheme shall include the minimum technical and organisational measures that financial data access scheme members shall implement to ensure an appropriate level of security for exchanged data, including security measures to prevent and mitigate the risk of fraud.
Amendment 476 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – introductory part
Article 10 – paragraph 1 – subparagraph 1 – point h – introductory part
(h) a financial data sharing scheme shall establish a model to determine the maximumreasonable compensation that a data holder is entitled tocan charge for making data available through an appropriate technical interface for data sharing with data users in line with the common standards developed under point (g). The model shall be based on the following principles:
Amendment 479 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point i
Article 10 – paragraph 1 – subparagraph 1 – point h – point i
(i) it should be limited to reasonable compensation directly related to making the data available to the data user and which is attributable to the request;
Amendment 482 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point ii
Article 10 – paragraph 1 – subparagraph 1 – point h – point ii
(ii) it should be based on an objective, transparent and non-discriminatory methodology agreed by the scheme members and may include a margin and respect the provisions of Art. 9(1) of the Data Act (Regulation (EU) XX);
Amendment 485 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point v
Article 10 – paragraph 1 – subparagraph 1 – point h – point v
Amendment 503 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 508 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A financial information service provider shall be eligible to access customer data under Article 5(1) for the provision of financial information services if it is authorised by the competent authority of a Member State.
Amendment 509 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. An account information service provider registered under Directive (EU) 2015/2366 shall be eligible to access customer data under Article 5(1) only if they have obtained an authorisation as a financial information service provider.
Amendment 512 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) a programme of operations setting out in particular the type of access to data envisagedand of financial information services envisaged and if the financial information service provider holds any categories of customer data under Article 2(1);
Amendment 516 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point j
Article 12 – paragraph 2 – subparagraph 1 – point j
(j) the address of the applicant’s head office and, where available, the Legal Entity Identifier (LEI);
Amendment 522 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – point b
Article 12 – paragraph 4 – subparagraph 2 – point b
(b) whether the undertaking provides other types of services or, is engaged in other business, or holds any of the customer data categories under Article 2(1);
Amendment 524 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925, shall not be eligible for authorisation as a financial information service provider under this Regulation.
Amendment 526 #
Proposal for a regulation
Article 13
Article 13
Amendment 531 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 533 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. The competent authority shall grant an authorisation only if it is satisfied that the governance arrangements of the financial information service provider demonstrate that it intends to carry out substantive business activities in the Member State where it has its registered office.
Amendment 540 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) the authorised financial information service providers., including the name, the address and, where applicable, the authorisation number, and a description of the financial information services offered;
Amendment 543 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 569 #
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. By [OP please insert the date = 48 years after the date of entry into application of this Regulation, the Commission shall carry out an evaluation of this Regulation and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. That evaluation shall assess, in particular:
Amendment 570 #
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
Amendment 587 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
It shall apply from [OP please insert the date = 248 months after the date of entry into force of this Regulation]. However, Articles 9 to 13 shall apply from [OP please insert the date = 1836, 48 60 months after the date of entry into force of this Regulation].