15 Amendments of Thomas MANN related to 2009/0142(COD)
Amendment 273 #
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1a (new)
Article 1 – paragraph 2 – subparagraph 1a (new)
The Authority shall also act in the field of activities of credit institutions, financial conglomerates, (alternative) investment firms, payment institutions and e-money institutions, 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 the legislation referred to in this paragraph.
Amendment 338 #
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(fa) prohibit the trading of certain products or types of transactions if the ERSB released that recommendation to the EBA to prevent a major damage to the orderly functioning and integrity of financial markets, including investor protection issues, or the stability of the whole or part of the financial system in the Union. After a period of time fixed in the prohibition, the ESRB and the EBA should evaluate the maintenance of the prohibition. The prohibition of products and transactions should be a last resort;
Amendment 360 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. The Authority may develop technical standards into complete and modify elements theat areas specifically set out in not essential to the legislation referred to in Article 1(2). The Authority shall submit its draft standards to the Commission for endorsementtechnical standards contribute to a common rulebook but shall not represent strategic decisions and their content shall be limited by the legislation on which they are based.
Amendment 363 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 400 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Authority shall, with a view to establishing consistent, efficient and effective supervisory practices within the ESFS, in order to prevent a possible "race to the bottom" of national authorities concerning deliberately relaxing supervisory standards to increase the competitiveness of their financial centres, and to ensuring the common, uniform and consistent application of Community legislation, issue guidelines and recommendations addressed to competent authorities or financial institutions.
Amendment 418 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. Upon request from one or more competent authorities, from the Commission, from the European Parliament, the Council or on its own initiative and after having informed the competent authority concerned, the Authority may investigate the alleged incorrect application of CommunityUnion law.
Amendment 427 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 4
Article 9 – paragraph 4 – subparagraph 4
The Authority and the competent authorities shall provide the CommissionAuthority with all necessary information in order to prevent moral hazard problems.
Amendment 468 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission has adopted a decision pursuant to paragraph 1, 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 risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial systemexistence of an emergency situation is declared pursuant to paragraph 1, and where coordinated action by national authorities with special regard to the respective impact on the member states' budget is necessary to respond to adverse developments which may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, 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.
Amendment 490 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, on its own initiative or at the request of one or more of the competent authorities concerned, mayshall take the lead in assisting the authorities in reaching an agreement with respect to national interests and in accordance with the procedure set out in paragraphs 2 to 4.
Amendment 534 #
Proposal for a regulation
Article 16 – paragraph 2 – point 4 a (new)
Article 16 – paragraph 2 – point 4 a (new)
(4a) For institutions active in more than one Member Sates, the Authority will become the central recipient of regulatory reporting. Upon receipt of the reporting, the Authority will share the information with the competent national authorities.
Amendment 552 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. With regard to prudential assessments of mergers and acquisitions falling under the terms of Directive 2007/44/EC, the Authority shall become the central recipient of regulatory reporting. The Authority shall moderate the procedure and lead the national authorities involved in the procedure to ensure an efficient process. It may, on its own initiative or on application of any competent authorities, issue and publish an opinion on a prudential assessment to be carried out by any authority of a Member State. Article 20 shall apply.
Amendment 555 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. On the basis of Joint Guidelines, the Authority may conduct the change of control procedure under Directive 2007/44/EC. Upon receipt of the notification, the Authority will coordinate with the relevant national authorities.
Amendment 579 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. For institutions operating in more than one Member State, the Authority will become the central recipient of regulatory reporting. Upon receipt of the reporting, the Authority will share the information with the competent national authorities.
Amendment 584 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
2. The Banking Stakeholder Group shall be composed of 30 members, representing in balanced proportions CommunityUnion credit and investment institutions, their employees as well as consumers and users of banking serviceusers of banking services including representatives of SMEs. Not less than 5 of the members shall be independent top-ranking academics. The number of members representing users of banking services, including SME organisations, shall not exceed 10. Not less than 10 members shall represent Union credit and investment institutions.
Amendment 594 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 a (new)
Article 22 – paragraph 2 – subparagraph 1 a (new)
The Group may establish working groups on technical issues to which further experts may also be appointed to ensure the availability of the necessary technical expertise.