BETA

55 Amendments of Jonás FERNÁNDEZ related to 2017/0230(COD)

Amendment 346 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) 1093/2010
Article 1 – paragraph 3
(aa) Paragraph 3 is replaced by the following: "3. The Authority shall also act in the field of activities of credit institutions, financial conglomerates, investment firms, payment institutions and e-money institutions in relation to issues not directly covered in the acts referred to in paragraph 2, including matters of corporate governance, auditing and financial reporting, provided that such actions by the Authority are necessary to ensure the effective and consistent application of those acts. taking into account sustainable business models and the integration of environmental, social and governance related factors, provided that such actions by the Authority are necessary to ensure the effective and consistent application of those acts. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02010R1093- 20160112&from=EN)
2018/09/14
Committee: ECON
Amendment 351 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a b (new)
Regulation (EU) No 1093/2010
Article 1 – paragraph 5 – subparagraph 1 – first sentence
(ab) in paragraph 5, the first sentence of subparagraph 1 is replaced by the following: "The objective of the Authority shall be to protect the public interest by contributing to the short, medium and long-term, sustainability, stability and effectiveness of the financial system, for the Union economy, its citizens and businesses. ” (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a c (new)
Regulation (EU) 1093/2010
Article 1 – paragraph 5 – subparagraph 1 – point f
(f) enhancing customer protection. ac) In paragraph 5, point (f) is replaced by the following: "(f) enhancing the protection of customers and other users of financial services." (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal- content/ET/TXT/PDF/?uri=CELEX:32010R1093&qid=1532334130461&from=EN)
2018/09/14
Committee: ECON
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a d (new)
Regulation (EU) 1093/2010
Article 1 – paragraph 5 – subparagraph 1 – point fa (new)
(ad) In paragraph 5, the following point (fa) is added: "(fa) ensuring supervisory convergence of conduct of business across the internal market."; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 1093/2010
Article 2 – paragraph 1
(1a) In Article 2, paragraph 1 is replaced by the following: "1. The Authority shall form part of a European System of Financial Supervision (ESFS). The main objective of the ESFS shall be to ensure that the rules applicable to the financial sector are adequately implemented to preserve financial stability, to foster sustainability and to ensure confidence in the financial system as a whole and effective and sufficient protection for the customonsumers and other users of financial services. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point i
Regulation (EU) 1093/2010
Article 8 – paragraph 1 – point aa
(aa) to develop and maintain an up to date Union supervisory handbook on the supervision of financial institutions in the Union;; which sets out supervisory best practices and high quality methodology and processes for supervision, taking into account, inter alia, the nature, scale and complexity of risks, changing business practices and models, and the size of financial institutions and markets;; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 373 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point ab
(ab) to develop and maintain an up to date a Union resolution handbook on the resolution of financial institutions in the Union which sets out supervisory best practices and high quality methodologies and processes for resolution, taking into account, inter alia, the nature, scale and complexity of risks, changing business practices and models, and the size of financial institutions and markets;
2018/09/14
Committee: ECON
Amendment 377 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii a (new)
(iia) point (d) is replaced by the following: "(d) to cooperate closely with the ESRB, in particular by providing the ESRB with the necessary information for the achievement of its tasks and by ensuring a proper follow up to the warnings and recommendations of the ESRB; (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02010R1093-, by sharing observations and best practices as regard environmental, social and governance risks and by ensuring a proper follow up to the warnings and recommendations of the ESRB; " (This amendment also applies throughout Articles 2 and 3.) Or. en 20160112&from=EN)
2018/09/14
Committee: ECON
Amendment 378 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iii
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point e
(e) to organise and conduct reviews of competent authorities and, in that context, to issue guidelines and recommendations and to identify best practic, with the support/contribution of national competent authorities, of competent authorities and, in that context, to issue recommendations addressed to those competent authorities and to identify best practices and, in that context, to issue guidelines, with a view to strengthening consistency in supervisory outcomes; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 380 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iii
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point f
(f) to monitor and assess market developments in the area of its competence including sustainability goals objectives and where relevant, developments relating to trends in credit, in particular, to households and SMEs and in innovative financial services;; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 382 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iv
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point (h)
(h) to foster depositor, consumer and investor protection;; , taking into account the full spectrum of risks that consumers and investors are exposed to;; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 392 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) No 1093/2010
Article 8 – paragraph 1a – point c
(c) take account of technological and social innovation, innovative and sustainable business models, and the integration of environmental, social and governance related factors; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 400 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point -a (new)
Regulation (EU) No 1093/2010
Article 9 – paragraph 1 – points aa and ab (new)
(-a) in paragraph 1, the following points (aa) and (ab) are inserted: "(aa) undertaking in-depth thematic reviews of market conduct, building a common understanding of markets practices in order to identify potential problems and analyse their impact; (ab) developing retail risk indicators for the timely identification of potential causes of consumer and investor harm;" (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 403 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point -a b (new)
Regulation (EU) No 1093/2010
Article 9 – paragraph 1a
(-ab) The following paragraph 1a is inserted: "1a. The Authority shall take a leading role in promoting supervisory convergence of conduct of business, including by: (a) developing binding minimum standards addressed to national competent authorities and describing minimum means of enforcement; (b) coordinating, with national competent authorities, enforcement activities based on those standards, such as mystery shopping exercises; (c) making public the outcomes of coordinated activities.;" (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 411 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EU) 1093/2010
Article 9 – paragraph 5 –subparagraph 1
5. The Authority may temporarily prohibit(ba) the first subparagraph of paragraph 5 is replaced by the following: "5. The Authority may temporarily prohibit marketing, distribution or sale of certain financial instruments or financial instruments with certain specified features or a type of financial activity or practice, or restrict certain financial activities that threaten the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union in the cases specified and under the conditions laid down in the legislative acts referred to in Article 1(2) or for the protection of customers and of other users of financial services or tax good governance and anti- money laundering or, if so required, in the case of an emergency situation in accordance with and under the conditions laid down in Article 18. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)" (This amendment also applies throughout Articles 2 and 3.) Or. en
2018/09/14
Committee: ECON
Amendment 412 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b b (new)
Regulation (EU) 1093/2010
Article 9 – paragraph 5 – subparagraphs 2, 3 and 4
(bb) subparagraphs 2, 3 and 4 of paragraph 5 are replaced by the following: "The Authority shall review the decision referred to in the first subparagraph at appropriate intervals and at least every 36 months. If the decision is not renewed after a 3-montThe Authority may renew the prohibition or restriction once, after which period, it shall automatically expirbecome permanent, unless the Authority considers otherwise. A Member State may request the Authority to reconsider its decision. In that case, the Authority shall decide, in accordance with the procedure set out in the second subparagraph of Article 44(1), whether it maintains its decision. The Authority may" (This amendment also assppliess the need to prohibit or restrict certain types of financial activity and, where there is such a need, inform the Commission in order to facilitate the adoption of any such prohibition or restriction. roughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 426 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a a (new)
Regulation (EU) 1093/2010
Article 16 – paragraph 1a (new)
(aa) The following paragraph 1a is inserted: “1a. The Authority may, with a view to establishing consistent, efficient and effective supervisory practices within the ESFS, issue guidelines addressed to all competent authorities or financial institutions for the purposes of the legislative acts referred to in Article 1(2), based on the comply or explain implementation procedure referred to in paragraph 3 of this Article. Those guidelines shall be considered suitable for compliance with the requirements of the legislative acts referred to in Article 1(2).”; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 452 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1093/2010
Article 16a (new)
(7a) The following Article 16a is inserted: “Article 16a Opinions 1. On all issues related to its area of competence and upon a request from the European Parliament, the Council or the Commission, or on its own initiative, the Authority shall provide opinions to the European Parliament, the Council and the Commission. Those opinions shall be made public unless so specified in the request. 2. The request referred to in paragraph 1 may include a public consultation or a technical analysis.” (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 464 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU) No 1093/2010
Article 18 – paragraph 1 – subparagraph 1 a (new)
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112(8b) In Article 18, in paragraph 1, subparagraph 1a is inserted: In case of adverse developments which may seriously jeopardise the protection of consumers and other users of financial services, competent authorities, including dispute resolution institutions, of the country where a product or service is marketed shall be competent to act, as a safeguard clause, to prevent and solve any detriment caused by financial institutions established in another Member State and providing services across border. These competent authorities shall immediately inform the Authority that will examine the situation within 6 months pursuant to Article 9(5). (This amendment also applies throughout Articles 2 and 3.) Or. en
2018/09/14
Committee: ECON
Amendment 465 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 c (new)
Regulation (EU) No 1093/2010
Article 18 – paragraph 3
(8c) In Article 18, paragraph 3 is replaced by the following: "3. Where the Council has adopted a decision pursuant to paragraph 2, and in exceptional circumstances where coordinated action by competent authorities is necessary to respond to 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 Union or the protection of consumers and other users of financial services, the Authority may adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any such developments by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 466 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 1093/2010
Article 19 – paragraph 1 – subparagraph 1 – introductory part
In cases specified in the Union acts referred to in Article 1(2) as well as in all cases of disagreement between two or more national competent authorities concerning the application of those acts and without prejudice to the powers laid down in Article 17, the Authority may assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 in either of the following circumstances: (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 495 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) 1093/2010
Article 29 – paragraph 2 – subparagraphs 3 and 3a (new)
(b) in paragraph 2, the following subparagraph iss are added: “For the purpose of establishing a common supervisory culture, the Authority shall develop and maintain an up-to-date Union supervisory handbook on the supervision of financial institutions infor the Union as a whole, taking into account the nature, scale and complexity of risks, changing business practices and business models, and the size of financial institutions and markets. The Authority shall also develop and maintain an up-to-date Union resolution handbook on the resolution of financial institutions in the Union, taking into account the nature, scale and complexity of risks, changing business practices and business models, and the size of financial institutions and markets. Both the Union supervisory handbook and the Union resolution handbook shall set out supervisory best practices and shall specify high quality methodologies and processes. The Authority shall make use of the handbooks when carrying out its tasks, including assessment of potential breaches of Union law pursuant to Article 17, settling disputes pursuant to Article 19, assessing annual work programmes and implementation reports pursuant to Article 29a and carrying out reviews of competent authorities pursuant to Article 30.” (This amendment also applies, where applicable, throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 505 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 1093/2010
Article 29a – paragraph 1 – subparagraph 1
Upon the entry into application of Regulation [XXX insert reference to amending RegulThe Authority shall, at least every three years and by 31 March, following a debate in the Board of Supervisors and taking into account the ESRB analysis, warnings and recommendation]s and every three years thereafter by 31 March, the Authority shalls well as the contributions received from competent authorities, issue a recommendation addressed to those competent authorities, laying down Union-wide supervisory strategic objectives and priorities ("Union Strategic Supervisory Plan") and,to be takingen into account any contributions from competent authin their national supervisory plans without prejudice to their specific national objectives and priorities,. The Authority shall transmit the Union Strategic Supervisory Plan for information to the European Parliament, the Council and the Commission and shall make it public on its website. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 536 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) No 1093/2010
Article 31 – paragraph 1
(13a) In Article 31, paragraph 1 is replaced by the following: "The Authority shall fulfil a general coordination role between competent authorities, in particular in situations where adverse developments could potentially jeopardise the orderly functioning and integrity of financial markets or, the stability of the financial system in the Union. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112) or the protection of consumers and other users of financial services." (This amendment also applies throughout Articles 2 and 3.) Or. en
2018/09/14
Committee: ECON
Amendment 539 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 e (new)
Regulation (EU) 1093/2010
Article 31 – paragraphs 1a (new), 1b (new) and 1c (new)
(13e) In Article 31, the following paragraphs are inserted after paragraph 1: “1a. The competent authorities shall notify both the Authority and the other competent authorities concerned where they intend to carry out an authorisation related to a financial institution which is under their supervision in accordance with the acts referred to in Article 1(2) where the business plan of financial institutions entails that material part of its activities will be done on the basis of freedom to provide services or freedom of establishment. The competent authorities shall also notify without delay the Authority where they identify any deteriorating financing condition or other emerging risk potentially affecting the protection of the users of financial services posed by the undertaking in the ongoing business, in particular when the business is conducted, for a significant part of its activity, on the basis of freedom to provide services or freedom of establishment by a financial institution under their supervision. These notifications to the Authority shall be sufficiently detailed to allow for a proper assessment by the Authority. 1b. In the cases mentioned in subparagraphs 1 and 2 of paragraph 1a, the Authority may set up and coordinate a collaborative platform as referred to in point (e) of paragraph 1 in order to foster the exchange of information and enhance collaboration among the competent authorities and, where relevant, to reach a common view on authorisation or on the action to be taken on the cases referred to in subparagraph 2 of paragraph 1a. Where the Authority ascertains, on the basis of the information referred to in point (f) of paragraph, that a financial institution carries out its activity mainly or entirely in another Member State, it shall inform the concerned authorities and set up, on its own initiative, a collaborative platform in order to facilitate the exchange of information between those authorities. Without prejudice to Article 35, the competent authorities shall provide, at the request of the Authority, all the necessary information to allow a proper functioning of the collaborative platform. 1c. In case the concerned competent authorities fail to reach a common view in the collaborative platform within a time limit established by the Authority, the Authority may issue a recommendation to the competent authority concerned, including recommendation to withdraw an authorisation or to review a decision. Where the competent authority concerned does not follow a recommendation of the Authority within 15 working days, the competent authority shall state the reasons including the steps it has taken or intends to take in order to address the concerns of the other competent authority involved. The Authority shall assess those steps and decide whether they are sufficient and appropriate within 15 working days. In case the Authority deems that they are not appropriate, it shall make public without delay its recommendation together with the above mentioned reasons and proposed steps.”; (This amendment also applies throughout Articles 2 and 3, with ‘users of financial services’ being replaced by ‘policyholders’ in Article 2.)
2018/09/14
Committee: ECON
Amendment 540 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 c (new)
Regulation (EU) 1093/2010
Article 31– paragraph 2 – point (e)
(e) taking all appropriate measures in case of developments which may jeopardise the functioning of the financial markets with a view to facilitating the coordination of actions undertaken by relevant competent authorities; 13c) In Article 31, point (e) of paragraph 2 is replaced by the following: "(e) taking all appropriate measures, including setting up and leading collaboration platforms, in case of developments which may jeopardise the functioning of the financial markets or potentially affect the protection of consumers and other users of financial services, in particular in situations of significant cross-border business, with a view to facilitating the coordination of actions undertaken by relevant competent authorities;" (This amendment also applies throughout Articles 2 and 3, with ‘users of financial services’ being replaced by ‘policyholders’ in Article 2.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 556 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 1093/2010
Article 31a – paragraph 2 – subparagraph 1 a (new)
The Authority shall monitor whether the competent authorities concerned verify that outsourcing, delegation or risk transfer arrangements referred to in the first subparagraph are concluded in accordance with Union law and do not prevent effective supervision by the competent authorities, tax good governance and anti-money laundering.; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 575 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) No 1093/2010
Article 31a – paragraph 4a (new)
4a. The notifications to the Authority referred to in paragraphs 2 and 3 shall be sufficient to allow for a proper assessment by the Authority.; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 576 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 1093/2010
Article 31a – paragraph 4b (new)
4b. The Commission shall adopt a delegated act before […] outlining witch activities or functions are material, substantial or key for the purpose of paragraphs 2 and 3 and setting out which information is necessary for the assessment referred to in paragraph 4a. In doing so, the Commission shall take into account: (a) the continuity of activity, (b) the effective management capacity, (c) effective capacity to audit delegated and outsourced activities as well as risk transfers.; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 584 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point -a a (new)
Regulation (EU) No 1093/2010
Article 32 – paragraph 2 – point a a (new)
(-a a) in paragraph 2, the following point (aa) in inserted: “(aa) common methodologies for assessing the effect of environmental scenarios, including the evolution of stranded assets, on the financial position of a financial market participant;” (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 587 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Regulation (EU) 1093/2010
Article 32 – paragraph 2a – subparagraph 1
At least annually, the Authority, in cooperation with the SSM, shall consider whether it is appropriate to carry out Union-wide assessments referred to in paragraph 2 and shall inform the European Parliament, the Council and the Commission of its reasoning. Where such Union-wide assessments are carried out and the Author, the Authority shall disclose the results for each participating financial institution, where ity considers it appropriate to do so, it shall disclose the results for each participating financial institution. such disclosure to be appropriate having regard to the financial stability of the Union or of one or more of its Member States, market integrity or investor protection or the functioning of the internal market. The Authority shall publish the results of the base scenario only. Upon request, the results of any other scenario shall be made available to the European Parliament and to the Council. (This amendment also applies, without the words 'in cooperation with the SSM', throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 601 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Regulation (EU) 1093/2010
Article 33 – paragraph 2a – subparagraph 1
The Authority shall monitor regulatory and, supervisory and, where applicable, resolution developments and enforcement practices and relevant market developments in third countries for which equivalence decisions have been adopted by the Commission pursuant to the acts referred to in Article 1(2) in order to verify whether the criteria, on the basis of which those decisions have been taken and any conditions set out therein, are still fulfilled. The Authority shall submit a confidential report on its findings to the Commission on an annual basis.European Parliament, the Council, the Commission, and the two other ESAs every three years or more frequently where appropriate or where requested by the European Parliament, the Council or the Commission. The report shall focus in particular on implications for financial stability of the Union or of one of its Member States, market integrity, investor protection or the functioning of the internal market. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 615 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Regulation (EU) No 1093/2010
Article 33 – paragraph 2c –subparagraph 2
The Authority may, in cooperation with the competent authorities, develop model administrative arrangements, with a view to establishing consistent, efficient and effective supervisory practices within the Union and to strengthening international supervisory coordination. In accordance with Article 16(3), tThe competent authorities shall make every effort to follow such model arrangements. as closely as possible. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 621 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b b (new)
Regulation (EU) 1093/2010
Article 33 – paragraph 3b (new)
(b b) The following paragraph 3b is added: “3b. The Authority shall monitor regulatory, supervisory, and where applicable, resolution developments and enforcement practices and relevant market developments in third countries for which international agreements have been concluded.” (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 624 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
2. The Authority may also request information to be provided at recurring intervals and in specified formats or by way of comparable templates approved by the Authority. Such requests shall, where possible, be made using common reporting formats. and shall respect the principle of proportionality provided for in national and Union law, including in the legislative acts referred to in Article 1(2). (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 653 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Regulation (EU) 1093/2010
Article 36 – paragraph 4 – subparagraph 4
(20 a) In Article 36, subparagraph 4 of paragraph 4 is replaced by the following: "If the Authority does not act on a warning or a recommendation, it shall explain to the ESRB and the Council its reasons for not doing so. The ESRB shall inform the European Parliament thereof in accordance with Article 19(5) of Regulation (EU) No 1092/2010. , the Council and the Commission. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 654 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EU) 1093/2010
Article 36 – paragraph 5 – subparagraph 1 a (new)
Where the addressee intends not to follow the recommendation of the ESRB, it shall inform and discuss with the Board of Supervisors its reasons for not acting. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 661 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point -a (new)
Regulation (EU) No 1093/2010
Article 37 – paragraph 3
(-a) paragraph 3 is replaced by the following: "3. The members of the Banking Stakeholder Group shall be appointed by the Board of Supervisors, following proposals from the relevant stakeholdersExecutive Board following an open selection procedure. In making its decision, the Board of SupervisorsExecutive Board shall, to the extent possible, ensure an appropriate reflection of diversity of the sector, geographical and gender balance and representation of stakeholders across the Union. Members of the Stakeholder Group shall be selected according to their qualifications, skills, relevant knowledge and proven expertise. The Executive Board shall take its decision independently from any internal or external influence. The selection process should be fully transparent. " (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 706 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27 – point c a (new)
Regulation (EU) 1093/2010
Article 43 – paragraph 4– subparagraph 2a (new)
(c a) in paragraph 4, the following subparagraph is added: ‘The Authority shall set out its priorities with regard to reviews identifying, where appropriate, competent authorities and activities subject to reviews in accordance with Article 30. If duly justified, the Authority may identify additional competent authorities of Member States to review that are not defined as competent authorities under this Regulation but that are empowered to ensure the application of the acts referred to in Article 1(2).’ (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 730 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Regulation (EU) 1093/2010
Article 45 – paragraph 1 a (new)
1 a. For the purpose of selection of the members of the Executive Board, the Commission shall establish a Selection Committee composed of two representatives from each of the European Parliament, the Council and the Commission. The Selection Committee shall appoint its Chair among its members. In the event of a tie, the Chair shall have a casting vote. The Selection Committee shall decide by a simple majority on the publication of the vacancy notice, the selection criteria and the specific job profile, the composition of the pool of applicants as well as the method by which the pool of applicants is screened in order to draw up a gender- balanced shortlist of at least two candidates for each position. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 736 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Regulation (EU) 1093/2010
Article 45 – paragraph 2 – subparagraph 2
The Commissionselection Committee shall submit the shortlist to the European Parliament for approval. Following the approval of that shortlist,s of candidates for the position of the member of the Executive Board to the European Parliament and the Council. The European Parliament may invite the selected candidates to in camera public hearings, submit written questions to the candidates, object to the designation of a candidate and recommend its preferred candidate. The European Parliament and the Council shall adopt a joint decision to appoint the full time members of the Executive Board including the Member in chargefrom the shortlists of candidates. The Executive Board shall be gender- balanced and, proportionate and shall reflect the Union as a whole. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 745 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Regulation (EU) 1093/2010
Article 45 – paragraph 4 – subparagraph 2
Taking into account the evaluation, the Commission shall submit the list of the full time members to be renewed to the Council. Based on this list and taking into account the evaluation, the Council may extend the term of office of the full time members.;deleted (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 784 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Regulation (EU) No 1093/2010
Article 47 – paragraph 6a (new)
6 a. The Executive Board shall appoint the members of the Stakeholder Group. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 799 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point b a (new)
Regulation (EU) 1093/2010
Article 48 – paragraph 4
(b a) In Article 48, paragraph 4 is replaced by the following: "4. In the course of the 9 months preceding the end of the 58-year term of office of the Chairperson, the Board of Supervisors shall evaluate: (a) the results achieved in the first term of office and the way they were achieved; (b) the Authority’s duties and requirements in the coming years. The Board of Supervisors, taking i" (This amendmento account the evaluation, may extend the term of office of the Chairperson once subject to confirmation by the European Parliament. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)lso applies throughout Articles 2 and 3.) Or. en
2018/09/14
Committee: ECON
Amendment 801 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35 – point c
Regulation (EU) No 1093/2010
Article 47 – paragraph 4 – subparagraph 2
(c) in paragraph 4, the second subparagraph is replaced by the following: ‘The Council, on a proposal from the Commission and taking ideleted (This amendmento account the evaluation, may extend the term of office of the Chairperson once.’;lso applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 808 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 a (new)
(37 a) In Article 54, the third indent of paragraph 2 is replaced by the following: "– micro-prudential analyses of cross- sectoral developments, risks and vulnerabilities for financial stability, and sustainability," (This amendment also applies throughout Articles 2 and 3.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)
2018/09/14
Committee: ECON
Amendment 810 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 b (new)
Regulation (EU) 1093/2010
Article 54 – paragraph 2 – indent 5 a (new)
(37 b) In Article 54, the following indent is inserted after the fifth indent of paragraph 2: “– cybersecurity,” (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 811 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 c (new)
Regulation (EU) 1093/2010
Article 54 – paragraph 2 – indent 6
– information(37 c) In Article 54, the sixth indent of paragraph 2 is replaced by the following: "– information and best practice exchange with the ESRB and developing the relationship between the ESRB and the ESAs. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02010R1093-20160112)" (This amendment also applies throughout Articles 2 and 3.) Or. en
2018/09/14
Committee: ECON
Amendment 812 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Regulation (EU) 1093/2010
Article 54 – paragraph 2 – intent 7
depositor, consumer and investor protection issues;retail financial services consumer and other users of financial services protection issues; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 841 #
Proposal for a regulation
Article 1 – paragraph 1 – point 45
Regulation (EU) No 1093/2010
Article 63 – pararagraph 1a
1a. The Executive Board shall, on the basis of the draft which has been approved by the Board of Supervisors adopt the draft single programming document for the three following financial years.Chairperson shall present the draft single programming document for the three following financial years in the European Parliament and in the Council. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 844 #
Proposal for a regulation
Article 1 – paragraph 1 – point 46 a (new)
Regulation (EU) 1093/2010
Article 64a (new)
(46 a) The following Article 64a is inserted: ‘Article 64a The Authority shall establish an Internal Audit Committee which shall provide an opinion to the European Parliament and the Council on the discharge of that part of the budget which is not financed by the Union budget.’; (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 856 #
Proposal for a regulation
Article 1 – paragraph 1 – point 55
2. The power to adopt delegated acts referred to in Articles 31a, 35c and Article 62a shall be conferred for an indeterminate period of time.62a shall be conferred for four years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegated power by six months before the end of the four-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 860 #
Proposal for a regulation
Article 1 – paragraph 1 – point 55
Regulation (EU) No 1093/2010
Article 75a – paragraph 4a (new)
4 a. Powers conferred on the Commission under different Articles shall be exercised in separate delegated acts. (This amendment also applies throughout Articles 2 and 3.)
2018/09/14
Committee: ECON
Amendment 866 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Regulation (EU) 1094/2010
Article 1 – paragraph 2
The Authority shall act within the powers conferred by this Regulation and within the scope of Directive 2009/138/EC with the exception of Title IV thereof, of Directives 2002/92/EC, 2003/41/EC, 2002/87/EC, Directive 2009/103/EC*, of Regulation (EU) No xxxx/xxxx of the European Parliament and of the Council on a pan- European Personal Pension Product (PEPP) and, to the extent that those acts apply to insurance undertakings, reinsurance undertakings, institutions for occupational retirement provision and insurance intermediaries, within the relevant parts of Directives (EU) 2015/849 and 2002/65/EC, including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority.
2018/09/19
Committee: ECON
Amendment 880 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a – point v a (new)
Regulation (EU) No 1094/2010
Article 8 – paragraph 1 – point m a (new)
(va) the following point (ma) is inserted: ‘(ma) upon introduction of the pan- European Personal Pension Product (PEPP) into Union law, to grant product authorisation to PEPP providers;’
2018/09/19
Committee: ECON