23 Amendments of Lídia PEREIRA related to 2023/0167(COD)
Amendment 105 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Financial literacy is a key challenge posed to the adequate fulfilment of the Capital Markets Union (CMU) goals. The level of financial literacy differs significantly across Member States. EU Legislation should facilitate the access to retail investment through clear, transparent and accessible rules, but also through simplification to widen the participation of more investors.
Amendment 211 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2014/65/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
Where the authorisation has not been granted, the competent authority shall inform ESMA about the reasons for not granting the authorisation. without undue delay;
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2014/65/EU
Article 8 – paragraph 2
Article 8 – paragraph 2
Every withdrawal of authorisation shall be notified to ESMA, without undue delay. The competent authority shall inform ESMA about the reasons for withdrawing the authorisation.;
Amendment 373 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 11 – point a
Article 16–a – paragraph 11 – point a
(a) the methodology used by ESMA to develop and update benchmarks referred to in paragraph 9;
Amendment 439 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive 2014/65/EU
Article 24 – paragraph 3
Article 24 – paragraph 3
All information, addressed by the investment firm to clients or potential clients shall be fair, transparent, rigorous, clear and not misleading. The information must be accessible through any format and be transmitted to clients or potential clients in a timely manner;
Amendment 445 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5 c – subparagraph 1
Article 24 – paragraph 5 c – subparagraph 1
Member States shall ensure that investment firms display appropriate warningsdata in information materials, including marketing communications, provided to retail clients or potential retail clients, to alert on the specific risks of potential losses carried by particularly riskysignalize the complexity of some financial instruments.
Amendment 454 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5c – subparagraph 2
Article 24 – paragraph 5c – subparagraph 2
ESMA shall, by [18 months after the entry into force of the amending Directive], develop, and update periodically, guidelines on the concept of particularly riskycomplex financial instruments taking due account of the specificities of the different types of instruments.
Amendment 459 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5c – subparagraph 3
Article 24 – paragraph 5c – subparagraph 3
ESMA shall develop draft regulatory technical standards to further specify the format and content of such risk warningsinformation, taking due account of the specificities of the different types of financial instruments and types of communications.
Amendment 462 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5c – subparagraph 6
Article 24 – paragraph 5c – subparagraph 6
ESMA shall monitor the consistent application of risk warningthese provisions throughout the Union. In case of concerns regarding the use, or absence of use or supervision of the use of such risk warningthese information instruments in Member States, that may have a material impact on the investor protection, ESMA, after having consulted the competent authorities concerned, may impose the use of risk warningscompliance by investment firms.;
Amendment 619 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 7 – subparagraph 2
Article 24c – paragraph 7 – subparagraph 2
Such records shall be kept for a period of five years and, where requested by the competent authority, for a period of up to seven years. Those records shall be retrievable by the investment firm upon request of the competent authority.
Amendment 650 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Directive 2014/65/EU
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 677 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2014/65/EU
Article 69 – paragraph 2 – point w
Article 69 – paragraph 2 – point w
(w) to impose the use of risk warningsthe communication tools provisioned in Article 24, paragraph 5c, by investment firms in information materials, including marketing communications, related to particularly riskycomplex financial instruments where those instruments could pose a serious threat to investor protection.;
Amendment 685 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2014/65/EU
Article 88 b – paragraph 1 a (new)
Article 88 b – paragraph 1 a (new)
1a. Member States shall consider the contribution of national competent authorities, universities and relevant stakeholders when designing the educational instruments to promote financial literacy.
Amendment 698 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive (EU) 2016/97
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
A competent authority of the host Member State that has reasonable grounds to consider that an insurance, reinsurance or ancillary insurance intermediary acting within its territory under the freedom to provide services infringes the obligations arising from the provisions adopted pursuant to this Directive, shall inform the competent authority of the home Member State thereof, without undue delay.
Amendment 712 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Directive (EU) 2016/97
Article 12 – paragraph 3 – subparagraph 1 – point d
Article 12 – paragraph 3 – subparagraph 1 – point d
Amendment 722 #
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Directive (EU) 2016/97
Article 16 a – paragraph 1 a (new)
Article 16 a – paragraph 1 a (new)
1a. Member States shall consider the contribution of national competent authorities, universities and relevant stakeholders when designing the educational instruments to promote financial literacy.
Amendment 838 #
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 9 – subparagraph 1 – point a
Article 25 – paragraph 9 – subparagraph 1 – point a
(a) the methodology to be used by EIOPA to develop and update the benchmarks referred to in paragraph 8;
Amendment 854 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 2 – subparagraph 1
Article 26 a – paragraph 2 – subparagraph 1
Member States shall ensure that marketing communications of insurance-based investment products are developed, designed and provided in a manner that is fair, transparent, rigorous, clear, not misleading, balanced in terms of presentation of benefits and risks, and appropriate in terms of content and distribution channels for the target audience and where related to a specific insurance-based investment product to the target market identified pursuant to Article 25(1).
Amendment 863 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 7 – subparagraph 2
Article 26 a – paragraph 7 – subparagraph 2
Such records shall be kept for a period of five years and, where requested by the competent authority, for a period of up to seven years. Those records shall be retrievable by the insurance undertaking or insurance distributor upon request by the competent authority.
Amendment 1157 #
Proposal for a directive
Annex I – point 2 – subpoint 1
Annex I – point 2 – subpoint 1
Directive 2014/65/EU
Annex II – section II.1 – subparagraph 5
Annex II – section II.1 – subparagraph 5
(1) the second and third indents are replaced by the following:indent is deleted
Amendment 1160 #
Proposal for a directive
Annex I – point 2 – subpoint 1Directive 2014/65/EU
Annex I – point 2 – subpoint 1Directive 2014/65/EU
Annex II – section II.1 – subparagraph 5 – second indent
Amendment 1166 #
Proposal for a directive
Annex I – paragraph 1 – point 2 – subpoint 1 a (new)
Annex I – paragraph 1 – point 2 – subpoint 1 a (new)
Directive 2014/65/EU
Annex II – Section II.1 – subparagraph 5
Annex II – Section II.1 – subparagraph 5
the third indent is replaced by the following: