4 Amendments of Markus FERBER related to 2016/0221(COD)
Amendment 74 #
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EU) No 345/2013 of the European Parliament and of the Council19 and Regulation (EU) No 346/2013 of the European Parliament and of the Council20 lay down uniform requirements and conditions for managers of collective investment undertakings that wish to use in the Union the ‘EuVECA’ or ‘EuSEF’ designations for the marketing and management of qualifying venture capital funds and qualifying social entrepreneurship funds. Regulation (EU) No 345/2013 and Regulation (EU) No 346/2013 contain rules governing, in particular, qualifying investment, qualifying portfolio undertaking and eligible investors. Under Regulation (EU) No 345/2013 and Regulation (EU) No 346/2013, only managers with assets under management that in total do not exceed the threshold referred to in point (b) of Article 3(2) of Directive 2011/61/EU of the European Parliament and of the Council21 qualify for the use of the ‘EuVECA’ and ‘EuSEF’ labels respectively. _________________ 19 Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (OJ L 115, 25.4.2013, p. 1). 20 Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (OJ L 115, 25.4.2013, p. 18). 21 Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1).
Amendment 109 #
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary to clarify that the prohibition for the host Member State to impose requirements or administrative procedures in relation to the marketing of qualifying venture capital funds and qualifying social entrepreneurship funds in its territory includes the prohibition to impose fees and other charges on the managers of those funds, as these may sometimes represent significant obstacles to cross-border activities.
Amendment 117 #
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EU) No 345/2013 and Regulation (EU) No 346/2013 now require that managers of qualifying venture capital funds and qualifying social entrepreneurship funds have sufficient own funds at all times. To ensure a consistent understanding across the Union of what constitutes sufficient own funds for those managers, the European Supervisory Authority (‘ESMA’) should be required to draw up draft regulatory technical standards which prescribe the methodologies to determine what constitutes sufficient own funds. The level of own fund requirements in the context of those two fund structures should be significantly lower and less complex than the amounts laid down in Article 9 of Directive 2011/61/EU (AIFMD), to take into account the principle of proportionality and to ensure that no unnecessary obstacles are placed in the way of venture capital funding.
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 345/2013
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
c) ensure that the amounts resulting from the application of those methodologies do not exceedare significantly less than the amounts laid down in Article 9 of Directive 2011/61/EU.