3 Amendments of Markus FERBER related to 2010/0363(COD)
Amendment 41 #
Proposal for a regulation
Article 2 – point 1 – subparagraph 1
Article 2 – point 1 – subparagraph 1
‘inside information’ means precise information of a precise nature which has not been made public, relating directly or indirectly to one or more wholesale energy products and which, if it were made public, could significantly affect the prices of such wholesale energy products; a reasonable professional market participant would expect to receive in accordance with statutory requirements and/or accepted market practices.
Amendment 42 #
Proposal for a regulation
Article 2 – point 1 – subparagraph 2
Article 2 – point 1 – subparagraph 2
For the purposes of applying the first subparagraph, inside information a reasonablemeans information which: (a) is required to be made public in accordance with the provisions of Regulation (EC) No. 714/2009, Regulation (EC) No. 715/2009 or this Regulation, including guidelines, network codes or delegated acts adopted pursuant to those Regulations, or in accordance with other legislative or regulatory provisions at European Union level, in particular Directive 2009/72/EC and Directive 2009/73/EC; or (b) where no disclosure requirements exist under subparagraph a), has not been made public and, if it were made public, could significantly affect the prices of such wholesale energy products. Such inside information only constitutes the following: – information a reasonable professional market participant would be likely to use as part of the basis of his decision to enter into a transaction relating to a wholesale energy product is information which, if it were made public, would be likely to have a significant effect on the prices of such wholesale energy products. Such; or – information includeswhich is price-sensitive and precise information related to the capacity of facilities for production, storage, consumption or transmission of electricity or natural gas or LNG-facility, as well as information which is routinely made available to the relevant wholesale energy market, or required to be disclosed in accordance with national legal or regulatory provisions at Union or national level, market rules, and contracts or customs on the rel, market rules, contracts or accepted market practices on the relevant wholesale market. For the purposes of applying the second subparagraph, information shall be deemed to be of a precise nature if it indicates a set of circumstances which exists or may reasonably be expected to come into existence or an event which has occurred or may reasonably be expected to do so and if it is specific enough to enable a conclusion to be drawn as to the possible effect of that set of circumstances or evaent on the prices of wholesale energy market. products.
Amendment 44 #
Proposal for a regulation
Article 2 – point 1 – subparagraph 3
Article 2 – point 1 – subparagraph 3