BETA

Activities of Eero HEINÄLUOMA

Plenary speeches (58)

Presentation of the programme of activities of the Finnish Presidency of the Council (debate)
2019/07/17
The situation of EU forests (debate)
2019/09/16
Dossiers: 2019/2800(RSP)
Situation in Turkey, notably the removal of elected mayors
2019/09/19
Dossiers: 2019/2821(RSP)
The Turkish military operation in northeast Syria and its consequences (debate)
2019/10/23
Dossiers: 2019/2886(RSP)
Preparation of the European Council meeting of 12 and 13 December 2019 (debate)
2019/11/26
Situation in the broader Middle East region, including the crisis in Iran, Iraq and Lebanon (debate)
2019/11/27
State of play of the EU's fight against money laundering, in light of the Luanda Leaks (debate)
2020/02/12
A comprehensive Union policy on preventing money laundering and terrorist financing – Commission's Action plan and other recent developments (debate)
2020/07/08
Dossiers: 2020/2686(RSP)
The role of the European Supervisory Authorities in the Wirecard scandal (debate)
2020/10/07
Digital Finance: emerging risks in crypto-assets - regulatory and supervisory challenges in the area of financial services, institutions and markets - Further development of the Capital Markets Union (CMU): improving access to capital market finance, in particular by SMEs, and further enabling retail investor participation (debate)
2020/10/07
Dossiers: 2020/2036(INI)
Fight against money laundering, following the FinCEN files (debate)
2020/10/08
Serious security threats through the sale of EU passports and visas to criminals (debate)
2020/10/22
Multiannual Financial Framework (including Own Resources), Rule of Law Conditionality Mechanism and the Recovery Fund for Europe (continuation of debate)
2020/11/11
General budget of the European Union for the financial year 2021 – all sections (continuation of debate)
2020/11/11
Dossiers: 2020/1998(BUD)
Markets in financial instruments: amending information requirements, product governance requirements and position limits to help the recovery from the COVID-19 pandemic (debate)
2020/11/23
Dossiers: 2020/0152(COD)
Conclusions of the European Council meeting of 10-11 December 2020 – MFF, Rule of Law Conditionality and Own Resources – Council regulation laying down the multiannual financial framework for the years 2021 to 2027 – Proposal for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources – Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
2020/12/16
Dossiers: 2018/0166(APP)
Visit of the VPC/HR to Russia in the light of the recent crackdown on protestors and the opposition (debate)
2021/02/09
The state of play of the EU’s COVID-19 Vaccination Strategy (debate)
2021/02/10
Markets in financial instruments – EU Recovery prospectus and targeted adjustments for financial intermediaries to help the recovery from the COVID-19 pandemic (debate)
2021/02/10
Dossiers: 2020/0152(COD)
Reforming the EU policy framework to stop tax avoidance in the EU after the OpenLux revelations (continuation of debate)
2021/03/10
Application of Regulation (EU, Euratom) 2020/2092, the rule of law conditionality mechanism (continuation of debate)
2021/03/11
Russia, the case of Alexei Navalny, military build-up on Ukraine's border and Russian attack in the Czech Republic (debate)
2021/04/28
Dossiers: 2021/2642(RSP)
European Defence Fund (debate)
2021/04/29
Fiscalis programme for cooperation in the field of taxation 2021-2027 (debate)
2021/05/19
Public sector loan facility under the Just Transition Mechanism (debate)
2021/06/24
Dossiers: 2020/0100(COD)
The creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget (continuation of debate)
2021/07/06
Dossiers: 2021/2071(INI)
The Arctic: opportunities, concerns and security challenges (debate)
2021/10/05
Dossiers: 2020/2112(INI)
Pandora Papers: implications on the efforts to combat money laundering, tax evasion and avoidance (debate)
2021/10/06
Reforming the EU policy on harmful tax practices (including the reform of the Code of Conduct Group) (debate)
2021/10/06
Dossiers: 2020/2258(INI)
Increased efforts to fight money laundering (debate)
2021/10/20
Implementation of the common foreign and security policy – annual report 2021 - Implementation of the common security and defence policy – annual report 2021 (debate)
2022/02/15
Dossiers: 2021/2182(INI)
Election of the Members of the European Parliament by direct universal suffrage (debate)
2022/05/02
Dossiers: 2020/2220(INL)
2021 Report on Turkey (debate)
2022/06/06
Dossiers: 2021/2250(INI)
The rule of law and the potential approval of the Polish national Recovery Plan (RRF) (debate)
2022/06/07
Commission proposal for measures under the Rule of Law Conditionality Regulation in the case of Hungary (debate)
2022/10/04
General budget of the European Union for the financial year 2023 - all sections (debate)
2022/10/18
Dossiers: 2022/0212(BUD)
REPowerEU chapters in recovery and resilience plans (debate)
2022/11/09
Dossiers: 2022/0164(COD)
Presentation of the programme of activities of the Swedish Presidency (debate)
2023/01/17
Control of the financial activities of the European Investment Bank - annual report 2021 (debate)
2023/01/18
Dossiers: 2022/2153(INI)
Need for urgent update of the EU list of high-risk third countries for anti-money laundering and terrorist financing purposes (debate)
2023/02/01
REPowerEU chapters in recovery and resilience plans (debate)
2023/02/13
Dossiers: 2022/0164(COD)
The erosion of the rule of law in Greece: the wiretapping scandal and media freedom (topical debate)
2023/02/15
Conclusions of the European Council meeting of 29-30 June 2023, in particular the recent developments in the war against Ukraine and in Russia (debate)
2023/07/12
Ukrainian grain exports after Russia’s exit from the Black Sea Grain Initiative (debate)
2023/09/12
Interim report on the proposal for a mid-term revision of the Multiannual Financial Framework 2021-2027 (debate)
2023/10/03
Dossiers: 2023/0201R(APP)
Establishing the Ukraine Facility (debate)
2023/10/16
Dossiers: 2023/0200(COD)
Order of business
2023/11/20
Recent developments at the EU’s external border between Finland and Russia and the need to uphold EU law (debate)
2023/11/21
Reducing regulatory burden to unleash entrepreneurship and competitiveness (topical debate)
2023/11/22
Threat to rule of law as a consequence of the governmental agreement in Spain (debate)
2023/11/22
Cyprus Confidential - need to curb enablers of sanctions-evasion and money-laundering rules in the EU (debate)
2023/11/22
The unlawful detention of President Mohamed Bazoum in Niger
2023/11/22
Dossiers: 2023/2980(RSP)
Amendments to the Markets in Financial Instruments Directive (MiFID II) - Amendments to the Markets in Financial Instruments Regulation (MiFIR) (joint debate - Markets in financial instruments regulations)
2024/01/15
Instant payments in euro (debate)
2024/02/05
Dossiers: 2022/0341(COD)
The need for unwavering EU support for Ukraine, after two years of Russia’s war of aggression against Ukraine (debate)
2024/02/06
Financial activities of the European Investment Bank - annual report 2023 (debate)
2024/02/28
Dossiers: 2023/2229(INI)
This is Europe - Debate with the Prime Minister of Finland, Petteri Orpo (debate)
2024/03/13
Russia's undemocratic presidential elections and their illegitimate extension to the occupied territories (debate)
2024/04/10

Reports (2)

REPORT on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund following an application from Finland – EGF/2020/007 FI/Finnair
2021/06/02
Committee: BUDG
Dossiers: 2021/0116(BUD)
Documents: PDF(196 KB) DOC(68 KB)
Authors: [{'name': 'Eero HEINÄLUOMA', 'mepid': 197800}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing
2023/04/14
Committee: ECONLIBE
Dossiers: 2021/0239(COD)
Documents: PDF(582 KB) DOC(255 KB)
Authors: [{'name': 'Eero HEINÄLUOMA', 'mepid': 197800}, {'name': 'Damien CARÊME', 'mepid': 197574}]

Shadow reports (17)

REPORT on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (EGF/2019/000 TA 2019 - Technical assistance at the initiative of the Commission)
2019/09/06
Committee: BUDG
Dossiers: 2019/2036(BUD)
Documents: PDF(168 KB) DOC(60 KB)
Authors: [{'name': 'Bogdan RZOŃCA', 'mepid': 197545}]
REPORT on the financial activities of the European Investment Bank – annual report 2019
2020/03/10
Committee: BUDG
Dossiers: 2019/2126(INI)
Documents: PDF(222 KB) DOC(89 KB)
Authors: [{'name': 'David CORMAND', 'mepid': 197503}]
REPORT with recommendations to the Commission on Digital Finance: emerging risks in crypto-assets - regulatory and supervisory challenges in the area of financial services, institutions and markets
2020/09/18
Committee: ECON
Dossiers: 2020/2034(INL)
Documents: PDF(253 KB) DOC(93 KB)
Authors: [{'name': 'Ondřej KOVAŘÍK', 'mepid': 118949}]
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2014/65/EU on markets in financial instruments
2020/09/29
Committee: ECON
Dossiers: 2018/0047(COD)
Documents: PDF(167 KB) DOC(50 KB)
Authors: [{'name': 'Caroline NAGTEGAAL', 'mepid': 190519}]
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937
2020/09/29
Committee: ECON
Dossiers: 2018/0048(COD)
Documents: PDF(167 KB) DOC(50 KB)
Authors: [{'name': 'Eugen JURZYCA', 'mepid': 197767}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on the public sector loan facility under the Just Transition Mechanism
2020/10/16
Committee: BUDGECON
Dossiers: 2020/0100(COD)
Documents: PDF(426 KB) DOC(176 KB)
Authors: [{'name': 'Henrike HAHN', 'mepid': 197457}, {'name': 'Johan VAN OVERTVELDT', 'mepid': 125106}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/65/EU as regards information requirements, product governance and position limits to help the recovery from the COVID-19 pandemic
2020/11/03
Committee: ECON
Dossiers: 2020/0152(COD)
Documents: PDF(237 KB) DOC(76 KB)
Authors: [{'name': 'Markus FERBER', 'mepid': 1917}]
REPORT on the proposal for a decision of the European Parliament and of the Council authorising the Commission to vote in favour of the capital increase of the European Investment Fund
2020/12/10
Committee: BUDG
Dossiers: 2020/0343(COD)
Documents: PDF(152 KB) DOC(47 KB)
Authors: [{'name': 'Johan VAN OVERTVELDT', 'mepid': 125106}]
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the ‘Fiscalis’ programme for cooperation in the field of taxation and repealing Regulation (EU) No 1286/2013
2021/05/17
Committee: ECON
Dossiers: 2018/0233(COD)
Documents: PDF(170 KB) DOC(53 KB)
Authors: [{'name': 'Sven GIEGOLD', 'mepid': 96730}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on markets in crypto-assets and amending Directive (EU) 2019/1937
2022/03/17
Committee: ECON
Dossiers: 2020/0265(COD)
Documents: PDF(714 KB) DOC(253 KB)
Authors: [{'name': 'Stefan BERGER', 'mepid': 197410}]
REPORT on the financial activities of the European Investment Bank – annual report 2021
2022/05/25
Committee: BUDG
Dossiers: 2021/2203(INI)
Documents: PDF(212 KB) DOC(79 KB)
Authors: [{'name': 'David CORMAND', 'mepid': 197503}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 600/2014 as regards enhancing market data transparency, removing obstacles to the emergence of a consolidated tape, optimising the trading obligations and prohibiting receiving payments for forwarding client orders
2023/03/02
Committee: ECON
Dossiers: 2021/0385(COD)
Documents: PDF(335 KB) DOC(108 KB)
Authors: [{'name': 'Danuta Maria HÜBNER', 'mepid': 96779}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/65/EU on markets in financial instruments
2023/03/02
Committee: ECON
Dossiers: 2021/0384(COD)
Documents: PDF(221 KB) DOC(67 KB)
Authors: [{'name': 'Danuta Maria HÜBNER', 'mepid': 96779}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/138/EC as regards proportionality, quality of supervision, reporting, long-term guarantee measures, macro-prudential tools, sustainability risks, group and cross-border supervision
2023/07/27
Committee: ECON
Dossiers: 2021/0295(COD)
Documents: PDF(518 KB) DOC(179 KB)
Authors: [{'name': 'Markus FERBER', 'mepid': 1917}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 223/2009 on European statistics
2023/12/04
Committee: ECON
Documents: PDF(261 KB) DOC(82 KB)
Authors: [{'name': 'Johan VAN OVERTVELDT', 'mepid': 125106}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1286/2014 as regards the modernisation of the key information document
2024/03/25
Committee: ECON
Dossiers: 2023/0166(COD)
Documents: PDF(236 KB) DOC(73 KB)
Authors: [{'name': 'Stéphanie YON-COURTIN', 'mepid': 197581}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives (EU) 2009/65/EC, 2009/138/EC, 2011/61/EU, 2014/65/EU and (EU) 2016/97 as regards the Union retail investor protection rules
2024/04/02
Committee: ECON
Dossiers: 2023/0167(COD)
Documents: PDF(523 KB) DOC(205 KB)
Authors: [{'name': 'Stéphanie YON-COURTIN', 'mepid': 197581}]

Shadow opinions (8)

OPINION on recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland
2020/05/05
Committee: BUDG
Dossiers: 2020/2023(INI)
Documents: PDF(134 KB) DOC(68 KB)
Authors: [{'name': 'Nicolae ŞTEFĂNUȚĂ', 'mepid': 58766}]
OPINION on the financial activities of the European Investment Bank – annual report 2020
2021/02/04
Committee: BUDG
Dossiers: 2020/2124(INI)
Documents: PDF(143 KB) DOC(77 KB)
Authors: [{'name': 'David CORMAND', 'mepid': 197503}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing the Brexit Adjustment Reserve
2021/05/11
Committee: BUDG
Dossiers: 2020/0380(COD)
Documents: PDF(270 KB) DOC(166 KB)
Authors: [{'name': 'Valérie HAYER', 'mepid': 135511}]
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2019/1153 of the European Parliament and of the Council, as regards access of competent authorities to centralised bank account registries through the single access point
2022/03/15
Committee: ECON
Dossiers: 2021/0244(COD)
Documents: PDF(179 KB) DOC(147 KB)
Authors: [{'name': 'Inese VAIDERE', 'mepid': 28617}]
OPINION on the future European financial architecture for development
2022/05/20
Committee: BUDG
Dossiers: 2021/2252(INI)
Documents: PDF(128 KB) DOC(51 KB)
Authors: [{'name': 'Angelika WINZIG', 'mepid': 197652}]
OPINION Critical technologies for security and defence: state of play and future challenges
2023/03/10
Committee: AFET
Dossiers: 2022/2079(INI)
Documents: PDF(131 KB) DOC(49 KB)
Authors: [{'name': 'Dragoş TUDORACHE', 'mepid': 197665}]
OPINION on the proposal for a directive of the European Parliament and of the Council on Asset recovery and confiscation
2023/04/03
Committee: BUDG
Dossiers: 2022/0167(COD)
Documents: PDF(248 KB) DOC(145 KB)
Authors: [{'name': 'Vlad GHEORGHE', 'mepid': 209140}]
OPINION on the financial activities of the European Investment Bank – annual report 2022
2023/04/27
Committee: BUDG
Dossiers: 2022/2062(INI)
Documents: PDF(148 KB) DOC(53 KB)
Authors: [{'name': 'David CORMAND', 'mepid': 197503}]

Institutional motions (3)

MOTION FOR A RESOLUTION on a comprehensive Union policy on preventing money laundering and terrorist financing – the Commission’s Action Plan and other recent developments
2020/07/01
Dossiers: 2020/2686(RSP)
Documents: PDF(196 KB) DOC(61 KB)
MOTION FOR A RESOLUTION on the situation in Hungary and frozen EU funds
2024/01/16
Dossiers: 2024/2512(RSP)
Documents: PDF(160 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on Commission Delegated Regulation of 14 April 2024 amending Delegated Regulation (EU) 2016/1675 as regards adding Kenya and Namibia to the table in point I of the Annex and deleting Barbados, Gibraltar, Panama, Uganda and the United Arab Emirates from that table
2024/04/17
Dossiers: 2024/2688(DEA)
Documents: PDF(148 KB) DOC(46 KB)

Oral questions (2)

Europe’s energy independence and the extraterritoriality of US law
2020/09/11
Documents: PDF(50 KB) DOC(10 KB)
Special purpose acquisition companies
2021/02/25
Documents: PDF(40 KB) DOC(9 KB)

Written explanations (24)

Specific measures to mobilise investments in the health care systems of the Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative)

. – Europe and the world is facing a serious crisis due to the spread of the Covid-19 virus. At the forefront are our amazing doctors and nurses, who are doing all they can, under extreme stress and pressure, to save as many lives as possible. I would like to thank our healthcare professionals from the bottom of my heart.However, the rest of society must also do their part. Right now, EU leaders must step up solidarity and cooperation. We need to urgently invest more in our public healthcare systems as well as secure the rapid movement of medicine and supplies across borders. We must ensure that affected citizens and businesses receive the economic support they need to weather this storm.Strong action is therefore needed at global, EU and Member State level, but we must keep our response proportionate.Firstly in the short term, we need some decisive but temporary measures to contain the spread of the virus and limit the impact on our citizens and kick-start the economy. However, this is not a blank check for states to indefinitely dispose of citizens’ rights and freedoms or permanently rip up the economic rule book.Secondly, we need some long-term measures that enable us to create more resilient societies and economies. Indeed, when this crisis is under control, we will have to draw lessons for the future to be better prepared for the next challenge. This will not be the last pandemic we will face. Amongst others, I can think of the following points:We will have to strengthen EU capabilities in the health care. Rapid exchange of data, joint stockpiles and centralised procurement are critical.We will have to increase our level of self-sufficiency. Member States need sufficient stockpiles of critical goods, including medicine and medical equipment. We also need a strong industrial policy that supports manufacturing of strategic industries in Europe.These are hard times for a lot of people. However, what is heart-warming are the examples of solidarity and creativity we are observing. People helping each other, supporting heroes of medical staff, designing face masks etc. We are all in this together, but the more we work together, the faster and stronger we will get out of this.I am confident we will overcome this crisis together. I count on my fellow citizens to follow through with temporary social distancing measures to protect the most vulnerable in society.
2020/03/26
EU coordinated action to combat the COVID-19 pandemic and its consequences

Terveydenhoito on EU-sopimusten mukaisesti ensisijaisesti jäsenmaiden vastuulla. Kuten koronakriisissä olemme jo nyt nähneet, tarvitsemme kuitenkin myös EU:n laajuista yhteistä toimintaa niin pandemiaan varautumisessa, lääkkeiden ja terveystarvikkeiden varastoinnissa kuin häiriöttömien rajat ylittävien kuljetusten varmistamisessa.Parlamentin päätöslausuma on kohtuullinen kompromissi eri ryhmien toiveiden ja näkökulmien välillä. Vaikka en luonnollisestikaan voi jokaista päätöslauselman virkettä sellaisenaan allekirjoittaa, kertoi nyt hyväksytty kannanottomme yhteisen suunnan tarpeellisille uudistuksille.Painopiste keskustelussa siirtyy pikkuhiljaa Covid-19-viruksen torjunnasta talousvaurioiden korjaamiseen ja taloutemme jälleenrakentamiseen. Jotta vältämme ison konkurssiaallon ja suurtyöttömyyden, on toimittava nopeasti. Tämä näkökohta puoltaa sitä, että käytämme mahdollisimman paljon olemassa olevia instrumentteja, kuten Euroopan vakausmekanismia ja Euroopan investointipankkia.Kun yrityksille ollaan valmiit antamaan merkittävästi tukea, on välttämätöntä, että apu suuntautuu sitä todella tarvitseville eikä katoa matkalla turhuuksiin tai väärinkäytöksiin. Siksikin on tarve kiinnittää huomiota riittävään valvontaan.
2020/04/17
Setting up a subcommittee on tax matters (B9-0187/2020)

. – EU menettää satoja miljardeja euroja vuodessa veronkierron vuoksi, jo pelkästään laillisen verosuunnittelun takia arviolta 50–180 miljardia euroa. Uusia tapauksia tulee ilmi tasaisin väliajoin. Ongelma on, että kun jotkut jättävät maksamatta, muut maksavat, he, joilla ei ole mahdollista siirrellä varallisuuttaan alhaisen verotuksen maihin ympäri maailmaa. Tämä on kestämätöntä etenkin nyt koronan jälkeisen jälleenrakennuksen aikana. Siksi myötävaikutin ja äänestin uuden verotusta käsittelevän alivaliokunnan asettamisen puolesta. Tämä on tärkeä askel varsinkin tällä viikolla, kun Yhdysvallat näyttää luopuvan ajatuksesta kehittää digiveroa.Tasapuolista verojärjestelmää, jossa jokainen yritys maksaa oikeudenmukaisen osuutensa, tarvitaan nykyään enemmän kuin koskaan. Täysistunnossa hyväksyimme myös uudet säännöt, joiden avulla pankit voivat jatkaa talouden tukemista. Samaan aikaan pankeille annettiin selkeä viesti: ei ole aika jakaa osinkoja tai maksaa liiallisia bonuksia.Parlamentin muihin päätöksiin kuului myös EU:n ja Israelin välisen lentoliikennesopimuksen hyväksyminen. Periaatteessa asian piti olla läpihuutojuttu, mutta Israelin uuden hallituksen hallitusohjelman linjaus liittää osia Länsirannasta Israeliin muutti tilannetta dramaattisesti. Parlamentin rooli sopimuksessa on vain hyväksyä tai hylätä sopimus. Toimin sen puolesta, että asiaa koskevaa päätöksentekoa olisi voitu lykätä, jolloin olisi syntynyt edellytyksiä asian monipuoliseen ja rauhalliseen arviointiin. Valitettavasti EPP-ryhmän johtama enemmistö esti lisäajan käyttämisen ja asia oli ratkaistava nyt käsillä olevassa kesäkuun istunnossa.
2020/06/18
Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs (A9-0115/2020 - Henna Virkkunen)

Euroopan parlamentin täysistunto hyväksyi kolmen vuoden vaikeiden neuvottelujen jälkeen EU:n uuden liikkuvuuspaketin.Uusi lainsäädäntöpaketti on merkittävä uudistus, joka luo kuljetusalalle ja alan sisämarkkinoille toimivammat perussäännöt. Uudet säännöt parantavat kuljettajien työoloja, liikenneturvallisuutta ja takaavat reilumman ja tasavertaisemman kilpailun kuljetusalan sisämarkkinoilla.Uudistuksen on tarkoitus puuttua etenkin alan toimijoihin, jotka työntekijöiden oikeuksia polkemalla hankkivat kilpailuetua ja keinotekoisesti alentavat toimintansa kustannuksia. Kuljettajille tulee esimerkiksi vastaisuudessa taata vähintään kerran kuukaudessa mahdollisuus palata kotiinsa ja työnantajan tulee jatkossa järjestää asianmukaisia lepopaikkoja kuljettajille, pitkiä viikkolepoja ei ole enää mahdollista viettää rekan hytissä.Lopputulos on kompromissi, joka kelpaa myös Suomen kuljetusalalle. Siksi äänestin saavutetun sovun puolesta.Onnittelut ovat paikallaan myös kahdelle suomalaiselle meppikollegalle. Viime kaudella Merja Kyllönen ja viimeisen vuoden aikana Henna Virkkunen ovat toimineet parlamentin esittelijöinä.
2020/07/08
Situation in Russia, the poisoning of Alexei Navalny

Tuomitsen Navalnyin myrkyttämisen ankarasti ja varauksetta. Venäjän tulee tehdä asiassa luotettava ja riippumaton selvitys ja mahdollistaa kansainvälinen osallistuminen tutkimukseen työn luotettavuuden varmistamiseksi. Tekoon syyllistyneet tulee saattaa edesvastuuseen. Jos Venäjä ei ole tähän valmis, on oltava valmius myös sanktioihin. Ensin kuitenkin tutkitaan ja vasta sen jälkeen hutkitaan. Jos Venäjä kieltäytyisi tutkinnasta, olisi se raskauttavaa ja oikeuttaisi länsimaiden vastatoimet.Parlamentin päätöslauselmassa on puolet kannatettavaa, puolet vähemmän kannatettavaa. Vastoin normaalikäytäntöjä äänestyksessä ei mahdollistettu sen eri osien kannatuksesta äänestämistä, vaan kaikki niputettiin.Kannatettavaa on vaatimus myrkytyksen selvittämisestä ja syyllisten rankaisemisesta. Huonoa on, että parlamentti vaatii pakotteita ennen kuin tutkimusta on tehty tai ennen kuin Venäjä on kieltäytynyt tutkimuksesta. Navalniyn kohtelun selvittämiseen on myös liitetty monenlaisia siihen kuulumattomia asioita. Näitä ovat esimerkiksi vaatimukset EU:n Venäjä-suhteiden uudelleenarvioinnista, uusien pakotteiden käynnistämisestä, vaatimus Itämeren kaasuputkihankkeen keskeyttämisestä ja vaatimus Venäjän kansainvälisestä eristämisestä.Suomessa hallitus tai presidenttikään eivät ole esittäneet uusia pakotteita ennen kuin asia on tutkittu tai Venäjä kieltäytynyt tutkinnasta. Suomen linja on ollut rakentavan vuoropuhelun ja aktiivisen kanssakäymisen linja eikä Venäjän eristämisen ja uusien pakotteiden linja. Suomen linja ja presidentti Niinistön aktiivisuus ovat tuottaneet tulosta, mikä näkyi Navalniyn saamisessa hoitoon Saksaan.Päätöslauselma on kaukana EU:n neuvoston ja Suomen aiemmista kannoista. Siksi en voinut äänestää sen puolesta.
2020/09/17
The European Forest Strategy - The Way Forward (A9-0154/2020 - Petri Sarvamaa)

Mietintö yhdistää metsien moninaisen roolin varsin hyvin. Metsillä on myös jatkossa useita tehtäviä ja metsänhoitomalleihin olisi sisällytettävä ekologinen, yhteiskunnallinen ja taloudellinen kestävyys.Päätöslauselman mukaan uuden strategian pitäisi auttaa vahvistamaan katastrofivalmiutta sekä tukea esimerkiksi metsäpalojen tai tuholaisten aiheuttamien tuhojen ennaltaehkäisyä. Lisäksi siinä kehotetaan tukemaan laajemmin puun käyttöä rakennusteollisuudessa, vaaditaan tehostamaan toimia laittomien hakkuiden lopettamiseksi ja kannatetaan kestävän metsätalouden edistämistä maailmanlaajuisesti.Suomi on EU:n metsävaltaisin maa, metsiä maan pinta-alasta on 74 prosenttia. Suomalaiset ovat tottuneet huolehtimaan metsistään hyvin, sillä metsät ovat meille monenlaisen hyvinvoinnin lähde. Metsät oikein hoidettuina säilyttävät luonnon monipuolisuutta, toimivat hiilinieluina, antavat taloudellista turvaa ja virkistystä ihmisille. Vaikka metsiä on taloudellisesti hyödynnetty, ovat suomalaiset metsät hyvän metsänhoidon ansiosta kasvaneet vuodesta toiseen yli 50 vuoden ajan. Toivonkin, että EU-päätöksenteossa annetaan tilaa kansalliselle metsäpolitiikalle ja metsien hyvälle hoidolle myös jatkossa.
2020/10/07
The arrest of Aleksei Navalny (B9-0090/2021, B9-0091/2021, B9-0092/2021, B9-0093/2021, B9-0094/2021, B9-0095/2021)

Navalnyin myrkytys ja vangitseminen sekä rauhanomaisten mielenosoittajien kiinniottaminen ovat ehdottoman tuomittavia ja järkyttäviä tekoja demokratiaa ja ihmisoikeuksia vastaan. Syylliset pitää asettaa näistä vastuuseen ja siksi oikein kohdistuvia henkilöpakotteita tulee asettaa. Tutkivan journalismin ryhmän Bellingcatin julkisuuteen tuoma tieto osoittaa vahvasti Venäjän tiedustelupalvelun syyllisyyttä tapahtumiin.EU:n tulee reagoida tapahtuneeseen, vaatia asioiden puolueetonta ja uskottavaa selvittämistä sekä vaatia syyllisten rankaisemista. EU:lla tulee olla valmius tukea vaatimuksiaan oikein kohdennetuilla henkilöpakotteilla. Olen tyytyväinen, että parlamentin nyt hyväksymä päätöslauselma on kehittynyt monin osin parempaan suuntaan viime syyskuusta, jolloin parlamentin enemmistö vielä vaati Venäjän eristämistä ja talouspakotteita.Talouspakotteet tai Venäjän eristäminen kohdentuvat sanktioina väärin. Venäjän kansalaisia ja tavallisia ihmisiä ei pidä rankaista vallanpitäjien rikkomuksista, vaan kohdistaa pakotteet syyllisiin ja niihin, jotka hyötyvät väärinkäytöksistä. On syytä noteerata, että Navalnyi itsekin vastustaa talouspakotteiden vaatimista.
2021/01/21
Chinese countersanctions on EU entities and MEPs and MPs (RC-B9-0269/2021, B9-0269/2021, B9-0270/2021, B9-0271/2021, B9-0273/2021, B9-0274/2021, B9-0275/2021)

EU on asettanut kiinalaisia virkamiehiä koskevia rajoittavia toimenpiteitä Xinjiangin alueen uiguurivähemmistöön kohdistuneiden ihmisoikeusloukkausten vuoksi. Vastatoimena Kiina määräsi pakotteita useille eurooppalaisille yhteisöille ja poliittisille edustajille, mukaan lukien viidelle Euroopan parlamentin jäsenelle ja ihmisoikeuksien alivaliokunnalle.Euroopan parlamentti hyväksyi päätöslauselman, jonka myötä parlamentti suhtautuu kielteisesti investointisopimusneuvotteluiden jatkumiseen Kiinan kanssa pakotteiden ollessa voimassa. Teksti hyväksyttiin äänin 599 puolesta, 30 vastaan ja 58 tyhjää, ja äänestin sen puolesta. Pidän kuitenkin tärkeänä, että EU:n ja Kiinan välillä haetaan nopeasti yhteistä keskustelua, jotta investointisuojasopimus voisi astua voimaan mahdollisimman nopeasti. Uskon, että sopimuksen hyväksyminen on eduksi keskinäisille suhteillemme ja molemmille osapuolille hyödyllisen kaupan edistämisessä.
2021/05/20
Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (A9-0056/2022 - Samira Rafaela, Kira Marie Peter-Hansen)

Euroopan parlamentin täysistunto hyväksyi neuvottelujen aloittamisen neuvoston kanssa palkka-avoimuusdirektiivistä äänin 403 puolesta, 166 vastaan ja 58 tyhjää. Vaikka miesten ja naisten oikeus saada samasta tai samanarvoisesta työstä sama palkka on yksi Euroopan unionin perusperiaatteista, ei nykyinen sääntelykehys takaa sen täytäntöönpanoa tai noudattamista. Sukupuolten välinen palkkaero on unionissa keskimäärin edelleen 13 prosenttia ja Suomessa sitäkin suurempi 16,7 prosenttia.Yhdeksi samapalkkaisuuden keskeiseksi esteeksi on todettu palkkauksen läpinäkyvyyden puute. Komission antaman direktiiviehdotuksen tavoitteena on vahvistaa läpinäkyvyyttä koskevia vaatimuksia, joiden nojalla työntekijät voivat vaatia oikeutta samapalkkaisuuden noudattamiseen.Parlamentin neuvottelukannan mukaan vähintään 50 ihmistä työllistävien yritysten on tehtävä palkkatiedoista avoimia, jotta työntekijät voivat havaita mahdollisen sukupuoleen perustuvan syrjinnän. Jos vähintään 2,5 prosentin sukupuolittunut palkkaero havaitaan, on työnantajien ja työmarkkinaosapuolten tehtävä palkka-arviointi ja luotava toimintasuunnitelma sukupuolten tasa-arvon edistämiseksi. Vaadimme myös kieltoa työsopimusehdoille, jotka estävät työntekijöitä kertomasta muille palkastaan.Palkkauksen läpinäkyvyys on näin keskeinen keino, jonka avulla palkkakäytäntöihin liittyvää sukupuolten eriarvoista kohtelua voidaan torjua. Neuvottelujen aloittaminen saa siksi myös omalta osaltani täyden tuen.
2022/04/05
Competition policy – annual report 2021 (A9-0064/2022 - Andreas Schwab)

Competition should provide greater choice and fair prices for consumers. We should make digital markets more competitive and we cannot give state aid to companies linked to tax havens. At the same time, we should not be naïve either. Around us, we see a world where state-based/financed companies rewrite the principles of fair competition. The European agenda of strategic autonomy is therefore a key response. However, strategic autonomy should not be the synonym for boosting big companies in a few big EU Member States. Europe will only be stronger and become more autonomous if it creates possibilities for companies everywhere in the EU, in big and smaller Member States. And fair competition therefore matters more than ever.
2022/05/05
Revision of the EU Emissions Trading System (A9-0162/2022 - Peter Liese)

Kannatin kesäkuun 2022 Strasbourgin täysistunnossa sekä EU:n päästökauppajärjestelmää, sosiaalista ilmastorahastoa että hiilirajamekanismia koskevien mietintöjen palauttamista parlamentin käsittelyyn. Pidän tärkeänä, että mietinnöistä vastaavat valiokunnat hakevat vielä laajempaa yhteisymmärrystä, jotta parlamentin yhtenäisempi kanta olisi mahdollinen. Nämä kolme mietintöä kulkevat tiukasti käsi kädessä, koska sosiaalinen ilmastorahasto ja hiilitullit liittyvät suoraan ilmaisjaosta tehtävään linjaukseen, joten oli erittäin tärkeää, että ne palautuivat kaikki parlamentin käsittelyyn.Äänestin sen puolesta, että päästöoikeuksien ilmaisjako lopetetaan vuonna 2034 komission ehdottaman vuoden 2032 sijaan, koska teollisuusvaliokunta kannassaan painotti hiilivuodon torjumista ja eurooppalaisen teollisuuden kilpailukykyä. Tämä määräaika on perusteltua raskaalle teollisuudelle, jonka siirtyminen puhtaampaan teknologiaan kestää kauemmin kuin muiden. Erot teollisuusvaliokunnan, ympäristövaliokunnan ja komission välillä ovat vain muutamia vuosia, joten kompromisseille on tilaa.Parlamentin suuren enemmistön hyväksymä kompromissi kaikkien kolmen mietinnön kohdalla antaa paremmat lähtökohdat hyville neuvotteluille neuvoston kanssa. Tämä on tarpeen, sillä neuvotteluista odotetaan tiukkoja.
2022/06/08
Gas storage (C9-0126/2022 - Cristian-Silviu Buşoi)

Kannatin parlamentin täysistunnossa äänestystä, joka koski kaasuvarastojen täyttämistä ennen talvea 2022. Laki on yksi vastaus Venäjän hyökkäyssotaan Ukrainassa. Tarkoituksena on täyttää Euroopan strategiset kaasuvarastot nopeammin ennen talvea energian toimitusvarmuuden turvaamiseksi. On tärkeää, että kaasuvarastot täytetään kansalaisten ja yritysten suojelemiseksi kaasun toimituskatkoilta. 1. marraskuuta 2022 mennessä kaasuvarastojen vähimmäistäyttöasteeksi määrätään 80 prosenttia. Lakiteksti, jonka puolesta äänestin, korostaa, että EU-maiden tulee monipuolistaa kaasun toimituslähteitä ja lisätä energiatehokkuustoimenpiteitä.Komissio antaa elokuuhun 2022 mennessä ohjeet siitä, kuinka EU-maat voivat hankkia kaasua yhteisesti kolmansista maista, mikä on iso saavutus poliittiselle ryhmälleni S&D:lle. Tämä tarkoittaa, että tästä lähtien EU-tasolla on mahdollista neuvotella yhdessä kaasutoimitusten hinnoista muualta maailmasta. Vapaaehtoista yhteishankintaa voi harjoittaa kaksi tai useampi jäsenmaata.Nopeutetun menettelyn käynnistämisen lopputuloksena säädös hyväksyttiin parlamentissa äänin 490 puolesta, 47 vastaan ja 55 tyhjää.
2022/06/23
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (B9-0338/2022)

Kannatin komission delegoitua säädöstä luokitusjärjestelmästä, jonka mukaan tietyt kaasuun ja ydinvoimaan liittyvät toiminnot voidaan ottaa mukaan kestävän rahoituksen järjestelmään tietyin reunaehdoin.Äänestin komission esityksen hyväksymisen puolesta, koska se on Suomen energiatuotannolle myönteinen. Suomen eduskunnan kanta oli myös sama, ja Suomen hallitus teki keväällä 2022 paljon töitä päätöksen eteen.Parlamentissa laadittiin vastalause komission esitystä vastaan. Vastalausetta kannatti 278 ja 328 äänesti vastalausetta vastaan, eli komission kannan mukaisesti, ja 33 äänesti tyhjää. Näin ollen Euroopan parlamentin kanta on kannattaa komission esitystä.Olen komission kanssa samaa mieltä, että vihreässä siirtymässä tarvitaan välivaiheessa siirtymisessä kokonaan päästöttömään energiaan yksityisiä investointeja kaasuun ja ydinenergiaan, kunhan ne täyttävät vaaditut ehdot. Vaikka kaasun sisällyttämistä päätökseen voidaankin kritisoida, pidän tärkeänä, että päästötön ydinvoima saa näin asialliset rahoitusmahdollisuudet lähivuosille.
2022/07/06
Adequate minimum wages in the European Union (A9-0325/2021 - Dennis Radtke, Agnes Jongerius)

Euroopan parlamentti hyväksyi syyskuun täysistunnossa uuden lain riittävistä vähimmäispalkoista EU:ssa. 505 äänesti lain puolesta, 92 vastaan ja 44 tyhjää. Itse olin yksin lain puolesta äänestäneistä, sillä kannatan ehdottomasti pyrkimystä taata kaikille riittävä toimeentulo. Se on välttämättömyys.Lain tarkoitus on parantaa jokaisen työntekijän työ- ja elinoloja EU:n alueella sekä edistää niin taloudellista kuin sosiaalistakin kehitystä. Laki parantaa myös työntekijöiden pääsyä vähimmäispalkkasuojan piiriin. Uutta direktiiviä sovelletaan EU:ssa työntekijöihin, joilla on työsopimus tai työsuhde. Suomen kaltaisissa maissa, joissa vähimmäispalkka on suojattu työehtosopimuksilla, ei olla velvollisia ottamaan sääntöjä käyttöön. Suomenkin kannalta on merkitystä sillä, että eurooppalainen lainsäädäntöteksti tunnustaa oikeuden käydä työmarkkinaneuvotteluja.Jokaiselle EU:n jäsenmaalle jää viimekätinen vastuu siitä, että vähimmäispalkat ovat oikein mitoitetut. Mielestäni kyseessä on historiallinen voitto eurooppalaisille työntekijöille ja sopimisen kulttuurille. Vähimmäispalkan määrittely tulee hetkellä, jolla koko Eurooppa tarvitsee sitä.
2022/09/14
Sustainable maritime fuels (FuelEU Maritime Initiative) (A9-0233/2022 - Jörgen Warborn)

Äänestin kestävät meriliikenteen polttoaineet -aloitteen puolesta täysistunnossa, sillä kokonaisuudesta muotoutui tasapainoinen ja ehdottomasti komission ehdotusta parempi kokonaisuus.Suomalaisten kannalta kriittistä oli Suomen viennille elintärkeän talvimerenkulun erityisaseman hyväksyminen. Parlamentti huomioi kannassaan tämän. Alkuperäisessä komission esityksessä näin ei ollut. Ilman näitä muutoksia en olisi aloitetta voinut kannattaa.Meriliikenteen päästövähennyksiä on tarpeen tehdä, sillä lähes kaikki, jopa 98 prosenttia, laivoista EU:ssa kulkee fossiilisilla polttoaineilla. Asetus pyrkii edistämään niin uusiutuvien kuin vähähiilisten polttoaineiden käyttöä ja tekemään meriliikenteestä neutraalin vuoteen 2050 mennessä. Uusia innovaatioita on tärkeä edistää puhtaamman meriliikenteen vuoksi. Toivottavasti tulevaisuudessa suomalaisyritykset antavat osansa innovaatioiden tuottamiseen.
2022/10/19
EU/Ukraine Agreement on the carriage of freight by road (A9-0263/2022 - Marian-Jean Marinescu)

Parlamentti näytti käytännössä yksimielisesti vihreää valoa Ukrainan rahtisopimuksille. Tarkoitus on helpottaa esimerkiksi viljan, ruoka-aineiden sekä polttoaineen kuljettamista rajojen yli. Myös minä kannatin ehdottomasti tätä. EU:n sopimus Ukrainan kanssa hyväksyttiin äänin 586 puolesta, 1 vastaan ja 7 tyhjää.Sopimus helpottaa väliaikaisesti EU:n ja Ukrainan välistä rahtiliikennettä, sillä toistaiseksi rekat voivat liikkua näiden alueiden välillä ja kautta ilman erillistä lupaa. EU:n ja Ukrainan välinen sopimus antaa ukrainalaisille kuljettajille myös mahdollisuuden ajaa unionin sisällä ilman kansainvälistä ajokorttia. Toimia, joita tässä tilanteessa tarvitaan perinteisten kuljetusreittien ollessa kiinni. Sopimuksen ansiosta vientiä ja tuontia on mahdollista lisätä luomatta pullonkauloja rajanylitykseen. Näin voimme välttää kansainvälisen ruokakatastrofin riskiä sekä tiivistää EU:n ja Ukrainan kuljetusyhteistyötä.Kannatin myös EU:n rahtisopimuksien helpottamista Moldovan kanssa.
2022/11/10
The establishment of a tribunal on the crime of aggression against Ukraine (RC-B9-0063/2023, B9-0063/2023, B9-0064/2023, B9-0068/2023, B9-0069/2023, B9-0072/2023)

Venäjän poliittinen ja sotilaallinen johto tulee saada vastuuseen Ukrainassa tehdyistä hyökkäysrikoksista.Kannatan sitä, että EU ajaisi yhteistyössä Ukrainan ja kansainvälisen yhteisön kanssa kansainvälisen erityistuomioistuimen perustamista. Uudelle tuomioistuimelle on tarvetta, sillä kansainvälisessä rikosoikeudessa on selkeä tyhjä aukko. Tarvitsemme kansainvälisiä oikeustoimia näyttääksemme niin Venäjälle kuin muulle maailmalle, että EU ottaa Ukrainan sodan edelleen vakavasti. Tämä tuomioistuin kykenisi nostamaan syytteitä Venäjän ja sen liittolaisten poliittista ja sotilaallista johtoa vastaan, tosin kuin ICC.Uudella tuomioistuimella tulisi olla toimivaltaa tutkia Putinin ja Venäjän hallinnon lisäksi myös Valko-Venäjää, sen johtaja Aljaksandr Lukašenkaa ja tämän alaisia. Tarkempi kokoonpano ja toimintaperiaate tulisi määritellä myöhemmin. EU:n tulee heti aloittaa erityistuomioistuimen työn käytännön valmistelu Ukrainan kanssa yhteistyössä.Itse äänestin päätöslauselman puolesta. Se hyväksyttiin äänin 472 puolesta, 19 vastaan ja 33 tyhjää.
2023/01/19
Transparency and targeting of political advertising (A9-0009/2023 - Sandro Gozi)

Helmikuun minitäysistunnossa äänestimme poliittisen mainonnan säännöistä ja parlamentin neuvottelukannasta aiheeseen. Tiukemmat säännöt ja avoimuus on se, mitä tarvitsemme. Äänestin neuvottelukannan puolesta.Asia jota kritisoin, on mikro- ja pk-yritysten hallinnollisen taakan lisääntyminen. Parlamentin kannan mukaan tulisi perustaa eräänlainen verkkohakemisto, johon koottaisiin kaikki poliittiset mainokset ja liittyvät datat. Esitys ei ota huomioon sitä, millaisia ongelmia syntyy, kun mediajäteille ymmärrettävä raportointivelvollisuus ulotetaan pienille paikallislehdille. Resurssit pienlehdissä ovat todella vajavaiset esitetyn verkkohakemiston ylläpitämiseen. Pahimmillaan tämä voi johtaa siihen, etteivät pienjulkaisut voi ottaa poliittista mainontaa vastaan ollenkaan. Hakemistoajatus on sinällään hyvä, mutta vaatimusten kevennyksiä pienimmille toimijoille tarvitaan.Itse kannatan myös mikrokohdentamisen kieltämistä mainonnassa, eli mainostajat eivät voisi yhtä tarkasti valita jatkossa, kenelle he mainontaansa haluavat näyttää. Kohdentaminen sallittaisiin vain sellaisen datan perusteella, jonka käytön kyseinen henkilö on nimenomaan sallinut. Tähän liittyisi myös parlamentin kannan mukaan tiukat rajoitukset ennen vaaleja.
2023/02/02
Council of Europe Convention on preventing and combating violence against women and domestic violence – EU accession: institutions and public administration of the Union (A9-0169/2023 - Łukasz Kohut, Arba Kokalari)

Euroopan parlamentti antoi toukokuun täysistunnossaan hyväksyntänsä EU:n liittymiselle Istanbulin yleissopimukseen. Liittymispäätökset hyväksyttiin suurella enemmistöllä äänin 472 puolesta, 62 vastaan ja 73 tyhjää, sekä 464 puolesta, 81 vastaan ja 45 tyhjää.Vuonna 2011 Istanbulissa hyväksytty sopimus on ensimmäinen kansainvälinen ja juridisesti sitova ihmisoikeussopimus naisiin ja tyttöihin kohdistuvan väkivallan sekä perheväkivallan ehkäisemiseksi ja torjumiseksi. Naisiin kohdistuva väkivalta on maailmanlaajuinen ihmisoikeusongelma, joka tekee EU:sta ja Suomestakin naisille edelleen vaarallisen paikan elää. Arviolta joka kolmas nainen on kokenut fyysistä tai seksuaalista väkivaltaa täytettyään 15 vuotta ja noin 50 naista menehtyy viikoittain EU-maissa perheväkivallan uhreina.Vaikka jokainen jäsenvaltio on allekirjoittanut yleissopimuksen, on se edelleen ratifioimatta kuudessa maassa. Vuonna 2017 myös EU allekirjoitti sopimuksen ja helmikuussa 2023 neuvosto päätti vuosien vastustuksen jälkeen vihdoin pyytää parlamentin hyväksyntää siihen liittymiselle. Sitoutumalla sopimuksen täytäntöönpanoon unioni lujittaa entisestään sitoutumistaan naisiin ja tyttöihin kohdistuvan väkivallan torjumiseksi ja sukupuolten välisen tasa-arvon toteutumiseksi. Sen ratifiointi sai siksi myös omalta osaltani täyden tuen.
2023/05/10
Corporate Sustainability Due Diligence (A9-0184/2023 - Lara Wolters)

Euroopan parlamentin täysistunto hyväksyi neuvottelukantansa yritysvastuudirektiiviksi äänin 366 puolesta, 225 vastaan ja 38 tyhjää. Uusi direktiivi on merkittävä uudistus ja tulosta parlamentin useamman vuoden työstä vastuullisemman yritystoiminnan puolesta. Sen tavoitteena on parantaa ihmisoikeus- ja ympäristövaikutusten huomioimista yritysten arvoketjuissa esimerkiksi lapsityövoiman käytön, orjuuden tai luonnon saastuttamisen suhteen. Lukuisista ihmisoikeuksien kunnioittamista ja ympäristönsuojelua tukevista vapaaehtoisista aloitteista huolimatta arvoketjujen toiminnasta aiheutuu edelleen haitallisia vaikutuksia, ja useampi EU-maa onkin viime vuosina ottanut käyttöön tai kaavaillut kansallista lainsäädäntöä haasteisiin puuttumiseksi. Yhtenäisellä eurooppalaisella yritysvastuulailla on nyt tarkoitus paitsi parantaa yritystoiminnan ihmisoikeus- ja ympäristövaikutuksia, myös luoda selkeä sääntelykehys ja tasavertainen kilpailukenttä yrityksille kaikkialla unionissa.Parlamentin kannan mukaan yritysten tulisi vastaisuudessa kartoittaa sekä tarvittaessa estää tai lieventää arvoketjuissaan ilmeneviä riskejä ihmisoikeuksille ja ympäristölle. Uusien säännösten piiriin kuuluisivat yritykset, joissa on yli 250 työntekijää ja joiden liikevaihto ylittää 40 miljoonaa euroa, ja yritykset, joissa on yli 500 työntekijää ja joiden liikevaihto ylittää 150 miljoonaa euroa. Säännöt koskisivat lisäksi unionin ulkopuolisia yrityksiä, joiden liikevaihto on yli 150 miljoonaa euroa, mikäli vähintään 40 miljoonaa on kertynyt EU:ssa. Parlamentti korostaa kannassaan direktiivin velvoitteiden yhdenmukaistamista kansainvälisten yritysstandardien, kuten OECD:n ja YK:n periaatteiden kanssa, sekä yritystoiminnan mukauttamista Pariisin ilmastosopimuksen tavoitteiden kanssa. Pidän tärkeänä yritysvastuun edistämistä EU:n yhteisvoimin, ja äänestin siksi myös itse parlamentin neuvottelukannan puolesta.
2023/06/01
Artificial Intelligence Act (A9-0188/2023 - Brando Benifei, Dragoş Tudorache)

EU haluaa olla tekoälyn saralla suunnannäyttäjä. Uuden sääntelyn pyrkimyksenä on suitsia tekoälyn riskejä ja edistää sen eettistä yhteiskunnallista käyttöä.Komissio antoi oman esityksensä jo vuonna 2021, mutta vasta nyt saatiin parlamentin kanta valmiiksi. Haasteena on ollut huiman kehitystahdin määräämä liikkuva maali; tekoälyä koskevat säännöt uhkaavat vanhentua ennen kuin lakitekstin muste on edes ehtinyt kuivua.Kannatan parlamentin ehdottamaa riskiperusteista lähestymistapaa, jossa arvioidaan tekoälysovellusten käyttötarkoitusta eikä niinkään teknologiaa. Tietyt korkean riskin käyttötarkoitukset, kuten ihmisten pisteytys tai alitajuntainen manipulointi, jossa tekoälyjärjestelmillä pyritään esimerkiksi vaikuttamaan äänestämiseen ja vaaleihin, tulee kieltää.Parlamentti esittää kannassaan kieltolistalle myös uusia kohteita, kuten reaaliaikaisen biometrisen etätunnistuksen julkisilla paikoilla eli toisin sanoen esimerkiksi kasvojentunnistukseen perustuvan massavalvonnan. Biometrinen etätunnistaminen olisi sallittua vain rajatuissa tapauksissa jälkikäteen. Itse kannatin muutosesitystä, jonka mukaan tunnistaminen olisi rajatusti mahdollista myös reaaliaikaisesti, mutta äänestys kääntyi jälkikäteisen tunnistamisen kannalle.Parlamentti kieltäisi myös tunteiden tunnistusjärjestelmän käytön lainvalvonnassa, rajavalvonnassa, työpaikoilla ja oppilaitoksissa sekä ennakoivan poliisitoiminnan eli rikosten ennustamisen profiloinnin tai sijainnin perusteella, joiden puolesta itsekin äänestin.EU:n tekoälyn etiikkaan ja perusoikeuksien turvaamiseen perustuva lähtökohta on hyvä ja oikea. EU näyttää tässä lainsäädännössä tietä muille maailman suurille ja vastuuntuntoisille talouksille.
2023/06/14
System of own resources of the European Union (A9-0295/2023 - José Manuel Fernandes, Valérie Hayer)

Komissio on ehdottanut uusia tulonlähteitä päästökauppatuloista, hiilirajamekanismista sekä tilastollista yritysten voittoihin perustuvaa omaa varaa. Uusia tulonlähteitä on kaavailtu lieventämään kansallisia maksuosuuksia EU:n budjettiin. Kun 807 miljardin euron elpymispaketin takaisinmaksu alkaa muutaman vuoden päästä, vaihtoehtona on joko leikata joistain EU-ohjelmista tai lisätä kansallisia maksuosuuksia. Kolmas vaihtoehto on luoda EU:lle uusia tulonlähteitä, joilla elpymispaketin lainoja maksetaan takaisin.Idea niin kutsutuista omista varoista on hyvä. Käytännön tasolla kyse on kuitenkin veroista tai maksuista, joista ainakin osa voisi päätyä myös kansallisiin budjetteihin. Komission ehdotuksesta puuttuu rahoitusmarkkinavero, joka aidosti voisi tuoda unionille tuloja ja joka ei ole jäsenmaiden verotuksen piirissä.Tämänkertaista esitystä EU:n omista varoista en voinut tukea. Osa uusista ehdotuksista, kuten tulojen ohjaaminen uudesta tieliikenteen ja rakennusten päästökauppajärjestelmästä (nk. ETS 2), on kannatettava, sillä kyseessä on uusi järjestelmä, joka keskeisesti liittyy Suomen ja EU:n strategisiin tavoitteisiin ja on osoitus EU:n tuomasta lisäarvosta. Sen sijaan suhtaudun varauksellisesti olemassa olevan päästökauppajärjestelmän (nk. ETS 1) tulojen ohjaamiseen EU-budjettiin, sillä nämä ovat vakiintuneita tuloja kansallisissa budjeteissa. Myös tilastollinen yritysten voittoihin perustuva oma vara on ongelmallinen, koska tilastoihin perustuvana maksuna se ei toisi mitään lisäarvoa EU-budjetin rahoittamiseen.
2023/11/09
Proposals of the European Parliament for the amendment of the Treaties (A9-0337/2023 - Guy Verhofstadt, Sven Simon, Gabriele Bischoff, Daniel Freund, Helmut Scholz)

EU:n uudistaminen ja päätöksenteon kehittäminen on välttämätöntä. Ennen EU:n tulevaa laajentumista on sovittava uudistuksista, jotta EU pysyy toimintakykyisenä jatkossakin.Perussopimusten avaaminen on kuitenkin pitkä ja vaikea tie, joka edellyttää monessa maassa kansanäänestystä ennen hyväksyntää. Siksi pidän nykyisten sopimusten puitteissa toteutettuja uudistuksia parempana vaihtoehtona. Esimerkiksi ulkopolitiikassa määräenemmistöpäätöksiä tarvitaan, mutta monessa muussa asiassa olisin paljon varovaisempi. Tästä syystä en tukenut parlamentin mietintöä.
2023/11/22
Driving licences (A9-0445/2023 - Karima Delli)

Euroopan parlamentin täysistunto hyväksyi helmikuussa neuvottelukantansa uusiksi ajokortteja koskeviksi säännöiksi äänin 339 puolesta, 240 vastaan ja 37 tyhjää. Ajokorttidirektiivin uudelleentarkastelu on tärkeä. Sen tavoitteena on paitsi parantaa liikenneturvallisuutta ja helpottaa kansalaisten vapaata liikkuvuutta, myös ottaa huomioon uudet ilmastonmuutoksen ja digitalisaation asettamat tarpeet tieliikenteessä. Äänestin myös itse parlamentin mietinnön puolesta.Samalla direktiivin päivitys osoittaa tärkeyden läheisyysperiaatteen mukaisesti jättää jäsenmaille liikkumatilaa. Kannatin siksi äänestyksessä pakollisten lääkärin suorittamien terveystarkastusten sijaan joustavamman mallin säilyttämistä ja olen tyytyväinen, että parlamentin kanta jättää jäsenmaille mahdollisuuden itse valita tarkastusten ja itsearvioinnin välillä. Itsearvioinnit ovat Suomessa jo käytössä ja säästävät julkista terveydenhuoltoa ylimääräiseltä kuormitukselta. Myönteistä parlamentin kannassa on lisäksi Suomen kaltaiselle pitkien etäisyyksien maalle nuorten itsenäisen liikkumisen huomiointi, muun muassa mahdollistamalla painoltaan ja nopeudeltaan rajoitettujen ajoneuvojen kuljettaminen.
2024/02/28

Written questions (14)

Policy for tackling money laundering
2019/11/20
Documents: PDF(39 KB) DOC(9 KB)
Gender equality
2019/12/04
Documents: PDF(39 KB) DOC(9 KB)
State aid to banks in crisis
2020/01/06
Documents: PDF(39 KB) DOC(9 KB)
COVID-19 and travel costs
2020/09/10
Documents: PDF(39 KB) DOC(9 KB)
Facebook’s VAT practices
2020/12/21
Documents: PDF(39 KB) DOC(9 KB)
Effectiveness of the COVID-19 vaccine (also in light of the new strain of the virus)
2020/12/21
Documents: PDF(38 KB) DOC(9 KB)
Gamestop short selling
2021/02/16
Documents: PDF(39 KB) DOC(9 KB)
Increasing number of scams and phishing attempts targeting consumers
2021/12/01
Documents: PDF(38 KB) DOC(9 KB)
Investment in the development of the EU’s external border regions to respond to the new situation
2022/05/12
Documents: PDF(39 KB) DOC(10 KB)
Energy crisis in Europe
2022/09/07
Documents: PDF(38 KB) DOC(9 KB)
Impact of the Ethereum Merge
2022/09/28
Documents: PDF(39 KB) DOC(9 KB)
Sentencing of Ekrem İmamoğlu
2023/01/30
Documents: PDF(42 KB) DOC(9 KB)
Costs of external consultants
2023/05/31
Documents: PDF(50 KB) DOC(10 KB)
Crypto-asset service provider and anti-money laundering laws
2023/11/29
Documents: PDF(41 KB) DOC(9 KB)

Amendments (1606)

Amendment 12 #

2023/2229(INI)

Motion for a resolution
Paragraph 2
2. Reiterates its call for a capital increase to allow the Bank to reinforce its support for inclusive sustainable growth, competitiveness and key real economy investments; expects the EIB to ensure that its financing contributes to addressing market failures and avoids crowding-out effects, and brings measurable impacts without increasing its overall financing costs;
2024/01/08
Committee: BUDG
Amendment 16 #

2023/2229(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Notes that EIB financing plays an increasingly important role in the context of high interest rates and stretched public finances;
2024/01/08
Committee: BUDG
Amendment 17 #

2023/2229(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. In the context of a challenging economic outlook and increased global competition, expects the EIB to address constraints to EU competitiveness such as volatile energy prices, skills shortages in key sectors and insufficient investments in innovation and new technologies;
2024/01/08
Committee: BUDG
Amendment 21 #

2023/2229(INI)

Motion for a resolution
Paragraph 5
5. Calls on the EIB to support projects that deliver on the implementation of the European Pillar of Social Rights and the UN Sustainable Development Goals; calls on the EIB to expand its role in addressing investment gaps in social infrastructure and welfare, such as affordable and energy efficient social housing, utilities, public transport, sustainable transport and education, while ensuring additionality and complementarity with other public funds and commercial lenders; invites the EIB to increase the weighting of social benefits in project appraisals in order to provide long-term affordable solutions, in the context of a cost of living crisis and unforeseen drop in living standards; asks the EIB to enhance risk taking for projects providing essential services with long-term clear and measureable benefits;
2024/01/08
Committee: BUDG
Amendment 27 #

2023/2229(INI)

Motion for a resolution
Paragraph 6
6. Stresses the role of the European Investment Fund in improving access to finance for smaller EU companies, mid- caps and start-ups; calls on the EIB to adopt a higher risk appetite in terms of provideing additional growth capital to enable small and medium-sized enterprises to scale up their operations; stresses the need for the EIB to have a strong focus on start-ups and projects focused on creating and retaining high-quality jobs;
2024/01/08
Committee: BUDG
Amendment 29 #

2023/2229(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Invites the EIB to step up its investment in European security and defence, especially in safeguarding the delivery of assistance to Ukraine, as geo- political turbulence in Europe's neighbourhood and beyond is likely to continue; invites the EIB to assess where it could contribute to closing the investment gap and play a role in safeguarding the security of the EU;
2024/01/08
Committee: BUDG
Amendment 32 #

2023/2229(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Welcomes that EIB lending in Artificial Intelligence (AI) totalled EUR 2.9 billion in the past five years; considers, however, the volume of lending to be modest in comparison to the significance of AI in shaping our future societies and economies: calls on the EIB to step up investment in digitalisation and key technologies such as AI, cyber and quantum technologies, biotech and space; considers increased investment into future technologies as well as into upskilling and reskilling workers essential for a strong industrial base;
2024/01/08
Committee: BUDG
Amendment 48 #

2023/2229(INI)

Motion for a resolution
Paragraph 8
8. Expects the review of the Climate Bank Roadmap in 2024 to bring the EIB fully into line with the 1.5 degree pathway and the target of climate neutrality by 2050 at the latest, whilst ensuring a just transition for all, especially in the context of a cost of living crisis and an unforeseen drop in living standards; believes that the benchmark should be the most ambitious public banking practices; reiterates its call to include a solid assessment of less carbon- intensive alternatives and ‘scope 3’ emissions for each project;
2024/01/08
Committee: BUDG
Amendment 53 #

2023/2229(INI)

Motion for a resolution
Paragraph 9
9. Calls for the full implementation of the Paris Alignment for Counterparties, which covers both low-carbon and climate resilience aspects of a corporate strategy; expects the exemptions granted under the Paris Alignment’s framework in support of REPowerEU to be exceptional, temporary and fully justified;
2024/01/08
Committee: BUDG
Amendment 62 #

2023/2229(INI)

Motion for a resolution
Paragraph 12
12. Takes note of the upscaled investment in hydrogen; insists that the role of hydrogen is to contribute to the transition to climate-neutrality by reduceing emissions from hard-to-abate industrial sectors; expects additionality to be ensured so as to avoid diverting resources from existing renewable electricity as per the relevant delegated act1a; is concerned about the significant impacts of hydrogen projects on the water supply in certain regions in a context of increasing drought, as well as its impact on biodiversity; is concerned about de- risking private investments for large-scale green hydrogen projects, in particular in view of their limited commercial viability; _________________ 1a Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin
2024/01/08
Committee: BUDG
Amendment 67 #

2023/2229(INI)

Motion for a resolution
Paragraph 14
14. Expects the EIB to engage more actively in nature-positive and biodiversity-enhancing investments and in sectors with the greatest biodiversity co- benefits, such as water, sanitation, forestry and the ocean, with the highest level of integrity and assurances and integrating the lessons learned from the Natural Capital Financing Facility; expects the EIB to increase financing for solutions reducing plastic pollution;
2024/01/08
Committee: BUDG
Amendment 75 #

2023/2229(INI)

Motion for a resolution
Paragraph 18
18. Emphasises the need for a circular economy approach to critical raw materials, based on recycling and reuse, in order to reduce the EU’s dependence on third countrieHighlights that the security of supply of critical raw materials is crucial both for the green and digital transitions as well as for the defence sector and for the EU industrial base in general; emphasises a circular economy approach to critical raw materials, based on recycling and reuse, in order to reduce the EU’s dependence on third countries; calls, therefore, on the EIB to invest more in the critical raw materials sector to help diversify the supply of both primary and secondary raw materials and to develop circular economy solutions, in particular R&D for alternative materials, such as bio-based materials;
2024/01/08
Committee: BUDG
Amendment 83 #

2023/2229(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the EU for Ukraine initiative; welcomes the fact that all EIB actions in Ukraine are guided by the priorities for reconstruceconomic and social recovery, reconstruction and modernisation and will be fully aligned with the upcoming Ukraine plan; welcomes the technical assistance component to ensure optimal project preparation and implementation, as well as capacity building measures; welcomes the EIB’s efforts to prevent, deter and investigate fraud and corruption in relation to its projects in Ukraine; underlines, however, that EIB and EU support alone is not enough to address Ukraine's financing needs;
2024/01/08
Committee: BUDG
Amendment 86 #

2023/2229(INI)

Motion for a resolution
Paragraph 20
20. Expects EIB Global’s activities to remain aligned with EU strategic interests and external policy objectives; expects EIB Global to ensure that investments are additional, create long term positive impacts and clearly benefit recipient communities, by safeguarding natural heritage, enhancing climate resilience, creating local jobs and alleviating poverty; reminds the EIB to ensure a coordinated approach with other actors contributing to the European financial architecture for development, in order to deliver a stronger development impact; recalls furthermore that the successful implementation of EIB Global requires an adequate level of staff based on the ground, including local workers;
2024/01/08
Committee: BUDG
Amendment 87 #

2023/2229(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Underlines that Russia's war of aggression has also impacted regions in the EU and caused significant economic impact, especially in the Eastern border countries of the EU; calls on the EIB to take this into account in its financing decisions;
2024/01/08
Committee: BUDG
Amendment 96 #

2023/2229(INI)

Motion for a resolution
Paragraph 21
21. Takes note of the EIB Global strategic roadmap and the expectation that it will facilitate at least one third of the EUR 300 billion in investments set out to be generated by the end of 2027; welcomes the target for 2025 of more than 50% of annual lending going towards investment in climate action and environmental sustainability; expects the financing to contribute to an inclusive and just transition globally; furthermore, expects EIB Global to contribute in a meaningful way to the EU target of 85% of all new external actions supporting gender equality by 2025; expresses concern over the lack of inclusive and meaningful consultations with stakeholders who are impacted by its operations and believes that recipient country actors should be included in the decision-making and implementation of projects; calls for more support for projects with limited bankability and high public returns; reiterates its call for EIB Global to limit blending operations to areas where they can add value to the local economy, avoid crowding out private capital and to ensure that blended finance is not used for essential public services;
2024/01/08
Committee: BUDG
Amendment 97 #

2023/2229(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Is concerned about rapidly rising debt levels and higher borrowing costs in emerging and developing economies with an estimated 60% of low-income countries already in public debt distress or at high risk of debt distress1a; highlights the important role of the EIB and other multilateral institutions in providing funding on concessional terms to alleviate unsustainable debt burdens; _________________ 1a https://www.worldbank.org/en/publication /global-economic-prospects
2024/01/08
Committee: BUDG
Amendment 103 #

2023/2229(INI)

Motion for a resolution
Paragraph 23
23. Reiterates its call for clear and binding rules to complement the information note summarising EIB Global’s approach to human rights, in particular on assessment and disengagement; expresses particular concern that, since 2015, the EIB has not required project promoters to carry out any standalone human rights impact assessments; reiterates its call for the EIB to ensure that all of its operations benefit women and girls and the advancement of female economic empowerment and employment, as gender-smart development investments are more effective and sustainable; believes that the EIB could further increase microfinance loans to women-led businesses, which still face discrimination in access to finance;
2024/01/08
Committee: BUDG
Amendment 108 #

2023/2229(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Asks the EIB to collaborate with other bilateral and multilateral institutions to develop and apply common methodologies for development impact analysis, with a view to ensuring value added, long-term positive impacts;
2024/01/08
Committee: BUDG
Amendment 118 #

2023/2229(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Asks the EIB to pro-actively publish more detailed information regarding projects, including the rationale and context for projects, explaining how they align with and advance EU policy aims;
2024/01/08
Committee: BUDG
Amendment 119 #

2023/2229(INI)

Motion for a resolution
Paragraph 25
25. Reiterates its concern that EIB Vice-Presidents are often involved in project proposals from their home countries resulting in a potential risk of conflict of interest; invites the EIB to fully implement all recommendations received from the European Ombudsman in Case 1016/2021/KR; invites the EIB management committee members to publish their scheduled meetings with external stakeholders and reiterates the request to systematically publish the content of the meetings of the EIB’s governing bodies to further improve transparency;
2024/01/08
Committee: BUDG
Amendment 122 #

2023/2229(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Notes that the EIB has made progress in achieving a more gender balanced workforce, although women remain underrepresented in senior positions and in core areas of activity; regrets that the EIB did not reach its gender targets set for women at various levels in its 2018-2021 EIB Diversity and Inclusion (D&I) Strategy; calls, therefore, for the bank to step up its efforts to increase gender diversity to achieve gender parity and a better balance of genders across all functions, whilst also maintaining geographical balance;
2024/01/08
Committee: BUDG
Amendment 127 #

2023/2229(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Reiterates its call on the EIB to strengthen its policy against tax fraud, tax evasion and tax avoidance, including by refraining from funding beneficiaries or financial intermediaries which have a proven negative track record; calls on the EIB to enforce prevention measures and regular tax assessments against non- cooperative tax jurisdictions, tax and fiscal fraud, tax evasion and illegal and aggressive tax avoidance;
2024/01/08
Committee: BUDG
Amendment 132 #

2023/2119(INI)

Motion for a resolution
Recital B i (new)
Bi. whereas security and defence cooperation with partners and allies are crucial to the EU’s ambition to become an international security provider; whereas cooperation with UN, NATO, African Union, OSCE, ASEAN as well as numerous allies and like-minded partners such as the United States, the United Kingdom, Canada, Ukraine, Moldova, Japan, South Korea, Australia amongst others are crucial to the successful implementation of the CSDP;
2023/10/02
Committee: AFET
Amendment 136 #

2023/2119(INI)

Motion for a resolution
Recital B j (new)
Bj. whereas the Arctic region is becoming increasingly important for geopolitics, economic development and transport, while at the same time it is facing challenges linked to climate change, militarisation and migration;
2023/10/02
Committee: AFET
Amendment 244 #

2023/2119(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Emphasises the importance of continuing to operationalise Article 42(7) TEU on mutual assistance and to clarify the coherence between this and Article 5 of the North Atlantic Treaty, considering that not all EU Member States are NATO members;
2023/10/02
Committee: AFET
Amendment 329 #

2023/2119(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Underlines the need to better coordinate the defence policies of Member States, activities falling under the CSDP, and the Union’s cooperation with NATO; considers, in this regard, that the establishment of a permanent Council of Defence Ministers within the framework of the Council of the European Union could be envisaged;
2023/10/02
Committee: AFET
Amendment 463 #

2023/2119(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Welcomes the accession of Finland to NATO, strengthening further the European pillar within the organisation and encouraging greater collaboration and interoperability between European Member States and NATO allies; Strongly deplores, in the context of the Russian invasion of Ukraine and changing security architecture on the European continent, the delaying of the ratification of Sweden’s NATO accession, which has only played into Russia’s hands and undermines relations between Türkiye, Hungary and their NATO allies; denounces in this context, further, attempts to undermine democratic freedoms in EU Member States through the instrumentalisation of granting consent to Sweden’s NATO accession; takes note that, following further consultations, the President of Türkiye finally agreed on 10 July 2023 to forward the NATO Accession Protocol of Sweden to the Grand National Assembly of Türkiye as soon as possible and to work closely with the Assembly to ensure ratification; regrets, however, that this process is still pending and that there is no clear timeline, as is the case in Hungary; urges Hungary and Türkiye to ratify Sweden’s NATO membership without any further delay; urges the Turkish authorities to deliver on their promise of a more constructive partnership in NATO, including in the Eastern Mediterranean;
2023/10/02
Committee: AFET
Amendment 469 #

2023/2119(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Welcomes the Joint Communication on an Action Plan on Military Mobility 2.0, as a key contribution to strengthening European security, as recognised in the Strategic Compass; highlights the accelerated adoption of dual-use transport infrastructure projects following Russia’s war of aggression against Ukraine; and recalls the importance to ensure sufficient availability of financial resources to continue the project pipeline in the coming years;
2023/10/02
Committee: AFET
Amendment 474 #

2023/2119(INI)

Motion for a resolution
Paragraph 26 e (new)
26e. Reiterates its calls for institutionalised security and defence cooperation with the United Kingdom, including through closer collaboration on information sharing, military mobility, mutual security and defence initiatives, crisis management, cybersecurity, hybrid threats, FIMI and our relationship with common strategic competitors;
2023/10/02
Committee: AFET
Amendment 494 #

2023/2119(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Recognises that the Arctic region carries significant strategic and geopolitical importance due to its emerging maritime routes, rich natural resources and opportunities for economic development unlocked by global warming, while being increasingly contested; considers alarming the growing activities and interest by authoritarian regimes, including Russia and China, in the Arctic;
2023/10/02
Committee: AFET
Amendment 499 #

2023/2119(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Underlines the importance of preserving security, stability and cooperation in the Arctic; stresses that the region must remain free from military tensions and natural resource exploitation, while respecting the rights of indigenous peoples; reiterates the need to include the Union’s Arctic policy in the CSDP and engage in effective cooperation with NATO; calls for the Arctic to be addressed regularly within the Political and Security Committee and Council meetings;
2023/10/02
Committee: AFET
Amendment 119 #

2023/2106(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Underlines that the upcoming signing of the EPCA and the ongoing GSP+ implementation put further emphasis on the need to ensure the respect for human rights and fundamental freedoms in Kyrgyzstan in line with its international commitments; observes with concern the deterioration of democratic standards and human rights in recent years, considering that Kyrgyzstan has been regarded as the most democratic country in the region with a vibrant civil society and free media; is concerned about the persecution of the political opposition, amongst others representatives of the Social Democrats party, and the negative impact of legislative initiatives that target the activities of independent media and civil society, notably the law on ‘false information’ and draft laws on ‘foreign representatives’, ‘mass media’ and ‘protecting children from harmful information’, and the increasing number of cases against human rights defenders, media workers and journalists as well as media outlets; calls on the EU to continue supporting the civil society and the independent media;
2023/10/11
Committee: AFET
Amendment 28 #

2023/0237(COD)

Proposal for a regulation
Citation 3 a (new)
Having regard to the opinion of the European Central Bank.
2023/10/18
Committee: ECON
Amendment 30 #

2023/0237(COD)

Proposal for a regulation
Recital 3
(3) Digital transformation has ushered in radically different realities and created a new environment with new needs for European statistics. Moreover, the recent Covid-19 crisis and the energy and cost-of- living crisis triggered by the Russian military aggression against Ukraine have amplified the demands and expectations for timelier, more frequent and more detailed European statistics needed to inform EU decision- making and ensure the best possible Union response to crises.
2023/10/18
Committee: ECON
Amendment 31 #

2023/0237(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) Eurostat has a certain discretion to undertake innovative initiatives such its interactive publications on current topics [1]. However, situations can occur in which swift and innovative European statistics are needed to respond to urgent policy situations. An example is the lack of official corporate margin data for the eurozone, which hampers policy makers in tackling profit driven inflation at a time where the ECB and IMF suggest that corporate profits have been the main drivers of inflation. It is therefore crucial to establish to procedures to respond to urgent policy needs for European statistics. [1] https://ec.europa.eu/eurostat/web/main/pu blications/interactive-publications
2023/10/18
Committee: ECON
Amendment 32 #

2023/0237(COD)

Proposal for a regulation
Recital 6
(6) The recent Covid pandemicRecent developments such as the Covid pandemic, the Russian military aggression against Ukraine and the ensuing cost-of-living crisis demonstrated that timely, reliable and comparable European statistics are vital to the effectiveness of public authorities’ response to emergency situation to give the right policy answers. Therefore, the ESS should be given the possibility to swiftly initiate coordinated actions if urgent data and statistics needs arise outside the regular planning framework, especially in times of crisis. In such situation, a data holder should make, upon request, data available to a national statistical institute (NSI) or the Commission (Eurostat) that demonstrates an exceptional need to use the data requested, in accordance with the rules laid down in the Data Act10 . __________________ 10 Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act), (COM/2022/68 final).
2023/10/18
Committee: ECON
Amendment 47 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009)
Article 16 a – title
Statistical response to crisis and urgent policy needs.
2023/10/18
Committee: ECON
Amendment 48 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009
Article 16 a – paragraph 1
1. The Commission (Eurostat) shall examine temporary statistical actions relating to urgent information needs that cannot be met under the European statistical programme 7-year programming timeline, and undertake them as appropriate, subject to the procedures set out in this Article, where bothany of the following conditions are met:
2023/10/18
Committee: ECON
Amendment 58 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 c – paragraph 2 – point b
(b) concern, insofar as possible, non- personal data.
2023/10/18
Committee: ECON
Amendment 64 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 e – paragraph 1 – point c
(c) in compliance with the obligation, subject to paragraph 2 of this Article, not to share them with third parties unless the data holder has agreed.
2023/10/18
Committee: ECON
Amendment 65 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009)
Article 17 e – paragraph 1 a (new)
1a. Notwithstanding paragraph 1, point (c), the ESS shall share the data with ESCB members, without the prior agreement of the data holder, where necessary for the development, production and dissemination of European statistics or for increasing the quality of European statistics, within the respective spheres of competence of the ESS and the ESCB, and this necessity has been justified.
2023/10/18
Committee: ECON
Amendment 67 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 f – title
Data sharing in the ESS and between the ESS and the ESCB.
2023/10/18
Committee: ECON
Amendment 71 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 f – paragraph 2 a (new)
2a. Data sharing shall take place between the ESS and a member of the ESCB in areas of shared responsibility or common interest and where the data is used exclusively for statistical purposes and for improving the quality of European statistics developed and produced by that member of the ESCB.
2023/10/18
Committee: ECON
Amendment 75 #

2023/0237(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EC) No 223/2009
Article 25 – paragraph 1
Data that is lawfully available to the public shall not be considered confidential when used for statistical purposes.;data or confidential statistical information when used for statistical purposes or for the dissemination of statistics obtained from that data.
2023/10/18
Committee: ECON
Amendment 190 #

2023/0205(COD)

Proposal for a regulation
Recital 19
(19) The data use perimeter thus established in this Regulation and in the accompanying guidelines (‘the guidelines’)regulatory technical standards to be developed by the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA) should provide a proportionate framework on how personal data related to a consumer that falls within the scope of this Regulation should be used. The data use perimeter ensures consistency between the scope of this Regulation, which excludes data that forms part of a creditworthiness assessment of a consumer as well as data related to life, health and sickness insurance of a consumer, and the scope of the guidelines,regulatory technical standards which set recommendations on how types of data originating from other areas of the financial sector that are in scope of this Regulation can be used to provide these products and services. The guideline The regulatory technical standards developed by the EBA should set out how other types of data that are in scope of this Regulation can be used to assess the credit score of a consumer. The guidelineregulatory technical standards developed by EIOPA should set out how data in scope of this Regulation can be used in products and services related to risk assessment and pricing in the case of life, health and sickness insurance products. The guidelineregulatory technical standards should be developed in a manner that is aligned to the needs of the consumer and proportionate to the provision of such products and services. The regulatory technical standards developed by EIOPA and the EBA should also elaborate on the limits for combining ‘customer data’ with other types of personal data, such as personal data obtained from third party sources, such as from social media networks or from data brokers.
2024/02/02
Committee: ECON
Amendment 223 #

2023/0205(COD)

Proposal for a regulation
Recital 48
(48) Regulation (EU) 2016/679 applies when personal data are processed. ItProcessing of personal data in the context of this Regulation should be carried out in accordance with Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, as well as, where applicable, with the ePrivacy Directive. Regulation (EU) 2016/679 provides for the rights of a data subject, including the right of access and right to port personal data. This Regulation is without prejudice to the rights of a data subject provided under Regulation (EU) 2016/679, including the right of access and right to data portability. This Regulation creates a legal obligation to share customer personal and non- personal data upon customer’s request and mandates the technical feasibility of access and sharing for all types of data within the scope of this Regulation. The granting of permission by a customer is without prejudice to the obligations of data users under Article 6 of Regulation (EU) 2016/679. Permission should not be construed as ‘consent’ or ‘explicit consent’ or ‘necessity for the performance of a contract’ as defined in Regulation (EU) 2016/679. Personal data that are made available and shared with a data user should only be processed for services provided by a data user where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and, when applicable, where the requirements of Article 9 of that Regulation on the processing of special categories of data are met.
2024/02/02
Committee: ECON
Amendment 271 #

2023/0205(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall not apply to the entities referred to in Article 2(3), points (a) to (e), of Regulation (EU) 2022/2554. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925, shall not be an eligible data user for the purposes of this Regulation. .
2024/02/02
Committee: ECON
Amendment 278 #

2023/0205(COD)

Proposal for a regulation
Article 2 – paragraph 3 a (new)
3 a. 3a. This Regulation shall not apply to special categories of data referred to in Article 9(1) of Regulation (EU) 2016/679.
2024/02/02
Committee: ECON
Amendment 282 #

2023/0205(COD)

Proposal for a regulation
Article 2 – paragraph 3 b (new)
3 b. This regulation shall not apply to collectively concluded products such as products resulted from social partners bargaining, trade unions or products procured by non-profit organisations on behalf of their members.
2024/02/02
Committee: ECON
Amendment 305 #

2023/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘customer data’ means personal and non-personal data that is collected, stored and otherwise processed by a financial institution as part of their normal course of business with customers which covers both data provided by a customer and data generated as a result of customer interaction with the financial institution and shall exclude data created as a result of profiling as per Article 4(4) of Regulation (EU) 2016/679;
2024/02/02
Committee: ECON
Amendment 312 #

2023/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘data holder’ means a financial institution other than an account information service provider that collects, stores and otherwise processes the data listed in Article 2(1) ;
2024/02/02
Committee: ECON
Amendment 327 #

2023/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘financial information service’ means an online service providing consolidated information on one or more financial services products listed under Article 2(1) of this Regulation with a view to providing a customer with an overall view of their financial situation immediately at any given moment;
2024/02/02
Committee: ECON
Amendment 353 #

2023/0205(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. The data holder shall, upon explicit request from a customer submitted by electronic means, make available to a data user the customer data listed in Article 2(1) for the purposes for which the customer has granted permission to the data user. The customer data shall be made available to the data user without undue delay, continuously and in real-time.
2024/02/02
Committee: ECON
Amendment 371 #

2023/0205(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. A data user shall only request and access customer data made available under Article 5(1) that is adequate, relevant and necessary for the purposes and under the conditions for which the customer has granted its permission. A data user shall delete customer data when it is no longer necessary for the purposes for which the permission has been granted by a customer.
2024/02/02
Committee: ECON
Amendment 375 #

2023/0205(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point a a (new)
(a a) not transfer any customer data to any third party without the customer’s explicit permission;
2024/02/02
Committee: ECON
Amendment 381 #

2023/0205(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point e
(e) not process customer data for advertising purposes, except for direct marketing in accordance with Union and national lawsubject to their prior consent;
2024/02/02
Committee: ECON
Amendment 397 #

2023/0205(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. In accordance with Article 16 of Regulation (EU) No 1093/2010, tThe European Banking Authority (EBA) shall develop guidelinedraft regulatory technical standards on the implementation of paragraph 1 of this Article for products and services related to the credit score of the consumer, mortgage credit agreements, and payment services.
2024/02/02
Committee: ECON
Amendment 399 #

2023/0205(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. In accordance with Article 16 of Regulation (EU) No 1094/2010, tThe European Insurance and Occupational Pensions Authority (EIOPA) shall develop guidelinedraft regulatory technical standards on the implementation of paragraph 1 of this Article for products and services related to risk assessment and pricing of a consumer in the case of non- life, life, health and sickness insurance products.To avoid certain consumers becoming unable to access insurance due to overly granular risk assessments by insurers, these regulatory technical standards shall include provisions on how data may be used to avoid excessive granularity that undermines the "risk sharing" principle of insurance.
2024/02/02
Committee: ECON
Amendment 403 #

2023/0205(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3 a. For the purposes of paragraphs (2) and (3) of this article, regulatory technical standards should address: (a) the limits of the combination of ‘customer data’ obtained pursuant to the Proposal with other types of personal data; (b) the explainability, transparency and bias avoidance safeguards needed to be installed when Artificial Intelligence tools and algorithms are being deployed, used or trained for any of the purposes mentioned in paragraphs (2) and (3) of this article; (c) the information provision obligations for financial institutions when a customer is presented with a personalised offer that is based on profiling or other types of automated processing of personal data; (d) how the ‘right to be forgotten’ of cancer survivors shall be applicable in relation to non-credit related insurance policies, including life and health insurance, in line with article 124 of the 2020/2267 (INI) Report of the European Parliament. This shall also be extended to other chronic diseases and mental conditions.
2024/02/02
Committee: ECON
Amendment 407 #

2023/0205(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. When preparing the guidelineregulatory technical standards referred to in paragraphs 2 and 3 of this Article, EIOPA and EBA shall closely cooperate and seek a formal consultation with the European Data Protection Board established by Regulation (EU) 2016/679. The regulatory technical standards developed by EBA and EIOPA shall also address, where appropriate, limits on the combining of consumer data obtained pursuant to the Proposal with other types of personal data.
2024/02/02
Committee: ECON
Amendment 409 #

2023/0205(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4 a. A consumer cannot be denied access to a financial product if they do not consent to their data being shared or accessed via the framework established by this Regulation. For the purposes of the implementation of this paragraph, the burden of proof shall lie with the data user.
2024/02/02
Committee: ECON
Amendment 412 #

2023/0205(COD)

Proposal for a regulation
Article 7 – paragraph 4 b (new)
4 b. Additional financial and human resources shall be provided to the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA) for the fulfilment of their tasks under this Regulation.
2024/02/02
Committee: ECON
Amendment 430 #

2023/0205(COD)

Proposal for a regulation
Article 8 – paragraph 3 a (new)
3 a. The data holder shall ensure that the permission dashboard is not designed in a way that would encourage or unduly influence the customer to grant or withdraw permissions, including through the use of dark patterns and through the use of pre-tricked boxes. For example, the procedure to withdraw consent cannot be made more difficult than the procedure to grant access. The EBA and EIOPA, in close cooperation with the European Data Protection Board established by Regulation (EU) 2016/679, shall be required to develop guidelines on the implementation of this paragraph.
2024/02/02
Committee: ECON
Amendment 432 #

2023/0205(COD)

Proposal for a regulation
Article 8 – paragraph 3 b (new)
3 b. Data holders shall use the European Digital Identity Wallet issued by a Member State as introduced by the proposal amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity for consumers to help identify a customer online and authenticate consent for the provision of consumer permissions via the data access permission dashboards.
2024/02/02
Committee: ECON
Amendment 436 #

2023/0205(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point b – point iii a (new)
(iii a) the legal basis under Article 6(1) GDPR and, where relevant, the exception under Article 9(2) GDPR that they would rely on to access personal data contained in the customer dataset;
2024/02/02
Committee: ECON
Amendment 459 #

2023/0205(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a – point i
(i) data holders and data users representing a significant proportion of the market of the product or service concerned, with each side having fair and equal representation in the internal decision- making processes of the scheme as well as equal weight in any voting procedures; where a member is both a data holder and data user, its membership shall be counted equally towards both sides;
2024/02/02
Committee: ECON
Amendment 464 #

2023/0205(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) each of the parties listed in paragraph (a) above shall have fair and equal representation in the internal decision-making processes of the scheme as well as equal weight in any voting procedures; where a member is both a data holder and data user, its membership shall be counted equally towards both sides;
2024/02/02
Committee: ECON
Amendment 466 #

2023/0205(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point e
(e) a financial data sharing scheme shall include a mechanism through which its rules can be amended, following an impact analysis and the agreement of the majority of each community of data holders and, data users and consumer organisations respectively;
2024/02/02
Committee: ECON
Amendment 471 #

2023/0205(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point g a (new)
(g a) a financial data sharing scheme shall also establish minimum technical and organisational measures to ensure an appropriate level of security for the exchange of personal data;
2024/02/02
Committee: ECON
Amendment 480 #

2023/0205(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point i
(i) it should be limited to reasonable compensation directly related to the costs incurred in making the data available to the data user and which is attributable to the request;
2024/02/02
Committee: ECON
Amendment 496 #

2023/0205(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
Within 1 month of receipt of the notification pursuant to paragraph 4, the competent authority shall assess whether the financial data sharing scheme’s governance modalities and characteristics are in compliance with paragraph 1. When assessing the compliance of the financial data sharing scheme with paragraph 1, the competent authority mayshall consult other competent authoritiesrelevant supervisory authorities under Regulation (EU) 2016/679.
2024/02/02
Committee: ECON
Amendment 500 #

2023/0205(COD)

Proposal for a regulation
Article 10 – paragraph 6 a (new)
6 a. Competent authorities shall undertake regular comprehensive reviews of data sharing schemes’ governance arrangements set out in Article 10(1). These reviews shall include a thorough and documented assessment whether the schemes’ arrangements are appropriate and credible for the purposes of ensuring the responsible treatment of customer data.
2024/02/02
Committee: ECON
Amendment 505 #

2023/0205(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
In the event that a financial data sharing scheme is not developed for one or more categories of customer data listed in Article 2(1) and there is no realistic prospect of such a scheme being set up within a reasonable amount of time, the Commission is empowered, in consultation with the European Data Protection Board, to adopt a delegated act in accordance with Article 30 to supplement this Regulation by specifying the following modalities under which a data holder shall make available customer data pursuant to Article 5(1) for that category of data:
2024/02/02
Committee: ECON
Amendment 529 #

2023/0205(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The competent authority shall grant an authorisation if the information and evidence accompanying the application complies with of the requirements laid down in Article 11(1) and (2). Before granting an authorisation, the competent authority may, wshall, consult othere relevant, consult other relevant public authorities public authorities, in particular relevant supervisory authorities under Regulation (EU) 2016/679.
2024/02/02
Committee: ECON
Amendment 536 #

2023/0205(COD)

Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1 – point c a (new)
(c a) if a supervisory authority under Regulation (EU) 2016/679 establishes that a financial information service provider has breached its obligations under EU data protection laws;
2024/02/02
Committee: ECON
Amendment 552 #

2023/0205(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point f
(f) in the case of a natural person, maximum administrative fines of up to EUR 250 000 per infringement and up to a total of EUR 2500 000 per year, or, in the Member States whose official currency is not the euro, the corresponding value in the official currency of that Member State on ... [OP please insert the date of entry into force of this Regulation]. .
2024/02/02
Committee: ECON
Amendment 554 #

2023/0205(COD)

Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) up to EUR 50 000 per infringement and up to a total of EUR 5 000 000 per year, or, in the Member States whose official currency is not the euro, the corresponding value in the official currency of that Member State on ... [OP please insert the date of entry into force of this Regulation];
2024/02/02
Committee: ECON
Amendment 556 #

2023/0205(COD)

Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – point b
(b) 210% of the total annual turnover of the legal person according to the last available financial statements approved by the management body;
2024/02/02
Committee: ECON
Amendment 573 #

2023/0205(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
(e a) the impact of the regulation on financial exclusion.
2024/02/02
Committee: ECON
Amendment 577 #

2023/0205(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. By [OP please insert the date = 4 years after the date of entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council assessing the conditions for access to financial data applicable to account information service providers under this Regulation and under Directive (EU) 2015/2366. The report can be accompanied, if deemed appropriate, by a legislative proposal.deleted
2024/02/02
Committee: ECON
Amendment 109 #

2023/0167(COD)

Proposal for a directive
Recital 3
(3) Third party payments, such as fees, commissions or any monetary or non- monetary benefits paid to or received by investment firms and insurance undertakings and intermediaries by or from persons other than the client or customer, also termed as ‘inducements’, play a significant role in the distribution of retail investment products in the Union. The existing rules designed to manage conflicts of interests in Directives (EU) 2014/65 and (EU) 2016/97, including restrictions on and transparency around the payments of inducements, have not proven sufficiently effective in mitigating consumer detriment and have led to different levels of retail investor protection across product segments and distribution channels. It is therefore necessary to further strengthen the investor protection framework to ensure that retail clients’ best interests are protected uniformly across the Union. In light of the potential disruptive impact caused by the by introduction ofing a full prohibition of inducements, it is appropriate to have a staged approach and first strengthen the requirements around the payment and receipt of inducements to address the potential conflicts of interest and ensure better protection of retail investors and, at a second stage, to review the effectiveness of the framework, and propose alternative measures in line with Better Regulation rules, including a potential ban on inducements, if appropriaten the payment of inducements. Investment firms, insurance undertakings and insurance intermediaries should only be remunerated through charges payable by or on behalf of the client, and shall not solicit or accept any other third-party payments or benefits in relation to the services that it provides to clients.
2023/11/09
Committee: ECON
Amendment 115 #

2023/0167(COD)

Proposal for a directive
Recital 4
(4) In order to remove any consumer detriment as a consequence of the payment and receipt of inducements for non-advised sales, it is also appropriate to prohibit the payment and receipt of such inducements. In the case of Directive (EU) 2014/65, such prohibition would cover the execution or reception and transmission of orders and in the case of Directive (EU) 2016/97, non- advised sales. To avoid restricting issuers’ ability to raise funding, that prohibition should not apply to payments in relation to underwriting and placement services provided to an issuer, where the investment firm also provides an execution of order or reception and transmission of order service to an end-investor. Furthermore, investment advice is often combined with the provision of an execution or reception and transmission of order service. In such cases, the main service being investment advice, the prohibition should not apply to the execution or reception and transmission of order service relating to one or more transactions of that client covered by that advice. Minor non-monetary benefits which do not exceed 100 euros or are of a scale and nature that they could not be judged to impair compliance with the duty to act in the best interest of the retail investor should be allowed, to the extent that they are clearly disclosed.
2023/11/09
Committee: ECON
Amendment 116 #

2023/0167(COD)

Proposal for a directive
Recital 5
(5) In order to ensure that retail customers are not misled, it is important to stipulate in Directive (EU) 2016/97 that, in line with existing rules in Directive (EU) 2014/65, insurance intermediaries that indicate to their customers that they provide advice on an independent basis, should not accept inducements for such advice. This rule should not prevent insurance intermediaries offering advice to customers from accepting inducements, provided that the advice is not presented as independent, customers are informed of the inducements in line with applicable transparency requirements and that other legal requirements, including the requirement to act in the best interest of the customer, are complied with.deleted
2023/11/09
Committee: ECON
Amendment 124 #

2023/0167(COD)

Proposal for a directive
Recital 7
(7) The existing requirements on disclosure of inducements should be further strengthened to ensure that retail investors understand the general concept of inducements, the potential for conflict of interest, as well as the impact of inducements on the overall costs and expected returns.deleted
2023/11/09
Committee: ECON
Amendment 129 #

2023/0167(COD)

Proposal for a directive
Recital 9
(9) In order to assess the effectiveness of these measures, three years after the date of entry into force of this Directive and after having consulted the European Securities and Markets Authority (‘ESMA’) and European Insurance and Occupational Pensions Authority (‘EIOPA’), the Commission should prepare a report on the effects of third- party payments on retail investments which, where necessary, should be accompanied by proposals to further strengthen the framework.deleted
2023/11/09
Committee: ECON
Amendment 161 #

2023/0167(COD)

Proposal for a directive
Recital 20
(20) The pricing process under Directives 2009/65/EC and 2011/61/EU should ensure that costs borne by retail investors are justified and proportionate to the characteristics of the product, and in particular to the investment objective and strategy, level of risk and expected returns of the funds, so that UCITS and AIFs deliver Value for Money to investors. UCITS and AIFs management companies should remain responsible for the quality of their pricing process, and assess and review on an annual basis whether their fees are justified and proportionate or not, and take corrective measures if needed such as reviewing the product’s fees and charges or introducing temporary fee waivers. In particular, they should ensure that costs are comparable to market standards, including by comparing the costs of funds with similar investment strategies and characteristics available on publicly available databases. However, to make the pricing process more objective and to equip UCITS and AIFs management companies, and competent authorities with a tool allowing for an efficient comparison of costs among investment products from the same product type, ESMA should develop benchmarks, based on data related to the cost and performance of investment products that ESMA receives as part of the supervisory reporting, against which an assessment of Value for Money can be carried out, in addition to the other criteria included in the pricing process of UCITS and AIFs management companies. Considering the Commission’s priority to avoid unnecessary administrative burdens and to simplify reporting requirements, those benchmarks should build on existing data from public disclosures and supervisory reporting, unless additional data are exceptionally necessary. Investment funds offering poor Value for Money or deviating from ESMA's benchmarks should not be marketed to retail investors unless further assessment has established that the product nevertheless offers Value for Money. The assessment and the measures taken should be documented and provided to competent authorities upon their request. . These assessment should also be published and made available to investors in relevant disclosure documents.
2023/11/09
Committee: ECON
Amendment 165 #

2023/0167(COD)

Proposal for a directive
Recital 21 a (new)
(21a) Retail investors should be able to access easily a reliable and independent source information to make an informed investment decision based upon a comprehensive comparison of the different investment options available in the EU market. While on-line tools exist already in some Member States, their availability varies among Member State. A fund calculator and comparator operated by ESMA using harmonised data in a standardised format provided by manufacturers and persons selling investment products allows for a reliable and accurate comparison of products and computations based on all relevant costs and fees charged at any step of the process. This tool will facilitate the participation of retail investors in capital markets through a more convenient, transparent and reliable source for information regarding the risk and return on investment and value for money of each commercialised product.
2023/11/09
Committee: ECON
Amendment 166 #

2023/0167(COD)

Proposal for a directive
Recital 21 b (new)
(21b) To be able to provide a comprehensive overview of the market the fund comparator, to be developed by ESMA, should allow investors to view and compare the nature and features of different products, including the costs, past performance and risk profile of the product. In order to provide specific quantitative information to the retail investor, the fund calculator should allow investors to compute the value and total costs of a fund on the basis of envisaged investment amount and holding period. To ensure greater usability, the information within it should be presented in a manner that is both understandable and concise while remaining easy to use for the retail investor. It should present the methodology and data sources in a clear and transparent manner. To limit, to the greatest extent possible, costs related to the new reporting obligations and to avoid unnecessary duplication, data sets should as far as possible be based on disclosure and reporting obligations stemming from EU law.
2023/11/09
Committee: ECON
Amendment 167 #

2023/0167(COD)

Proposal for a directive
Recital 22
(22) Knowledge and competence of staff are key to ensuring good quality advice. The standards of what is considered necessary vary significantly between advisors operating under Directive 2014/65/EU, Directive (EU) 2016/97 and under non-harmonised national law. To improve the quality of advice and to ensure a level playing field across the EU, strengthened minimum common standards on the necessary knowledge and competence requirements should be laid down. That is particularly relevant given the increased complexity and continuous innovation in the design of financial instruments and insurance-based investment products, and the increasing importance of sustainability-related considerations. Member States should require investment firms, and insurance and reinsurance distributors, to ensure that natural persons giving investment advice on behalf of the investment firm or as insurance intermediaries, and the employees concerned of insurance undertakings and insurance intermediaries, possess the knowledge and competence that is necessary to fulfil their obligations. To provide assurance to clients, customers and competent authorities that the level of knowledge and competence of such natural persons and insurance intermediaries and the employees of insurance undertakings and insurance intermediaries meet the required standards, such knowledge and competence should be proven by a certificate. Regular professional development and training are important to ensure that the knowledge and competence of staff advising on or selling investment products to clients, or insurance-based investment products to customers, is maintained and updated. To that end, it is necessary to require that natural persons giving investment advice follow a minimum number of hours per year of professional training and development, part of which shall be dedicated to sustainability issues and that they prove the successful completion of such training and development by a certificate.
2023/11/09
Committee: ECON
Amendment 173 #

2023/0167(COD)

Proposal for a directive
Recital 27
(27) Costs, and associated charges and third-party payments linked to investment products can have a great impact on expected returns. The disclosure of such costs and associated charges and third-party payments are a key aspect of investor protection. Retail investors should be presented with clear information on costs, and associated charges and third-party payments, in good time prior to taking an investment decision. To enhance comparability of such costs, and associated charges and third-party payments, such information should be provided in a standardised manner. Regulatory technical standards should specify and harmonise the content and format of disclosures relating to such costs, and associated charges and third- party payments including explanations that investment firms should provide to retail clients, in particular as regards the third- party payments.
2023/11/09
Committee: ECON
Amendment 175 #

2023/0167(COD)

Proposal for a directive
Recital 28
(28) To further increase transparency, retail clients and customers should receive a periodic overview of their investments. For that reason, firms that provide investment services together with a service of safekeeping and administration of financial instruments, or insurance intermediaries and insurance undertakings distributing insurance-based investment products, should provide an annual statement to their retail clients and customers which should include an overview of the products those clients and customers hold, of all costs, and associated charges and third-party payments, and of all payments, including dividends and the interests paid and received by the client and customer over a period of one year, together with an overview of the performance of those financial products. That annual statement should enable retail investors to get a better understanding of the impact of those elements on the performance of their portfolio. For investment services that only consist of the reception, transmission and execution of orders, the annual statement should contain all costs, associated charges and third-party payments paid in connection with the services and the financial instruments. For services that only consist of safekeeping and administration of financial instruments, the annual statement should contain all costs, associated charges and payments received by the client in relation to the services and the financial instruments. For all those services, the service provider should provide the retail client upon request with a detailed breakdown of that information per financial instrument. In view of the long- term characteristics of insurance-based investment products which are often used for retirement purposes, the annual statement for such products should contain additional elements, including adjusted individual projections of the expected outcome at the end of the contract, or recommended holding period and a summary of the insurance cover.
2023/11/09
Committee: ECON
Amendment 186 #

2023/0167(COD)

Proposal for a directive
Recital 36
(36) A wide diversity of financial instruments can be offered to retail investors, with each financial instrument entailing different levels of risks of potential losses. Retail investors should therefore be able to easily identify investment products that are particularly risky. It is therefore appropriate to require that investment firms, insurance undertakings and insurance intermediaries identify those investment products that are particularly risky and include, in information transmitted to retail clients and customers, including marketing communications, warnings on those risks. To assist investment firms, insurance undertakings and insurance intermediaries in identifying such particularly risky products, ESMA and EIOPA should issue guidelineregulatory technical standards on how to identify such products, taking due account of the different types of existing investment products and insurance-based investment products. To harmonise such risk warnings across the EU, ESMA and EIOPA should submit technical standards as regards the content and format of such risk warnings. Member States should empower competent authorities to impose the use of risk warnings for specific investment products and, where the use or absence of use of those risk warnings throughout the EU would be inconsistent or would create a material impact in terms of investor protection, ESMA and EIOPA should have the power to impose the use of such warnings by investment firms throughout the EU.
2023/11/09
Committee: ECON
Amendment 216 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point c a (new)
Directive 2014/65/EU
Article 16 – paragraph 6 a (new)
(ca) the following paragraph 6a is inserted: ‘6a. Investment firms providing investment advice and portfolio management services shall be required to report to national competent authorities of its home Member State on an annual basis: (i) the number of financial instruments it considers when providing advice, with a distinction between instruments issued or provided by entities with close link to the investment firm and those provided by non-affiliated third-party providers; (ii) the ratio of financial instruments sold to clients that are issued or provided by entities with close links to the investment firm and those provided by non-affiliated third-party providers; National competent authorities shall forward this information to ESMA without undue delay.
2023/11/09
Committee: ECON
Amendment 219 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point d
Directive 2014/65/EU
Article 16 – paragraph 7 a – subparagraph 2
In all cases, complaints shall be registered and complainants shall receive replies within 4015 working days.; Replies shall be written in the language in which complaints were made.
2023/11/09
Committee: ECON
Amendment 259 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 1 – subparagraph 4
When a financial instrument deviates from the relevant benchmark referred to in paragraph 9, the investment firm shall inform the competent authority of the investment firm and perform additional testing and further assessments and establish whether costs and charges are nevertheless justified and proportionate. If justification and proportionality of costs and charges cannot be demonstratedfor the deviation cannot be demonstrated to the competent authority of the investment firm, the financial instrument shall not be approved by the investment firm´.
2023/11/09
Committee: ECON
Amendment 271 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 2 – point a
(a) details of costs and charges of the financial instrument, including any distribution costs that are incorporated into costs of financial instrument, including third-party payments;.
2023/11/09
Committee: ECON
Amendment 316 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 5 – subparagraph 1
An investment firm which offers or recommends financial instruments falling under the definition of packaged retail products in accordance with Article 4(1) of Regulation (EU) No 1286/2014 shall report to its home competent authorities details of the costs of distribution, including any costs related to the provision of advice or any connected third-party payments.
2023/11/09
Committee: ECON
Amendment 326 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 6 – subparagraph 1 – point a
(a) details of costs and charges of any financial instrument destined for retail investors, including any distribution costs that are incorporated into costs of financial instrument, including third- party payments;.
2023/11/09
Committee: ECON
Amendment 336 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 7 – introductory part
7. An investment firm shall document all assessments made and shall, upon request, provide such assessments to a relevant competent authority, including the following:
2023/11/09
Committee: ECON
Amendment 347 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 7 a (new)
7a. The documentation resulting from the product approval process and any other assessment made by an investment firm in accordance with this Article should be made publicly available in an electronic format on the website of the investment firm.
2023/11/09
Committee: ECON
Amendment 399 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 13 (new)
13. ESMA shall organise and conduct a peer review, at least once every two years, in cooperation with national competent authorities regarding the implementation of the obligations described in this Article.
2023/11/09
Committee: ECON
Amendment 402 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Directive 2014/65/EU
Article 23 – paragraph 1
Article 23 is amended as follows: Paragraph 1 is replaced by the following: ‘1. Member States shall require investment firms to take all appropriate steps to identify and to prevent or manage conflicts of interest between themselves, including their managers, employees and tied agents, or any person directly or indirectly linked to them by control and their clients or between one client and another that arise in the course of providing any investment and ancillary services, or combinations thereof, including those caused by the receipt of inducements from third parties or by the investment firm’s own remuneration and other incentive structures.
2023/11/09
Committee: ECON
Amendment 406 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2014/65/EU
Article 24 – paragraph 1 a
(b) the following paragraph 1a is (b) inserted: 1a. Member States shall ensure that, in order to act in the best interest of the client, when providing investment advice or portfolio management to retail clients, investment firms are under the obligation of the following: (a) to provide advice on the basis of an assessment of an appropriate range of suitable financial instruments; (b) to recommend, including an appropriate range of suitable financial instruments from third party product providers having no close links with the investment firm; (b) to recommend or purchase on behalf of the client in the course of a portfolio management service the most cost- efficient financial instruments among financial instruments identified as suitable to the client pursuant to Article 25(2) and offering similar features; (c) to recommend, among the range of financial instruments identified as suitable to the client pursuant to Article 25(2), a product or products without additional features that are not necessary to the achievement of the client’s investment objectives and that give rise to extra costs. ESMA shall organise and conduct a mandatory peer review in cooperation with national competent authorities regarding the implementation of the obligations described in this Article.
2023/11/09
Committee: ECON
Amendment 442 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e – point i – indent 2 – introductory part
Directive 2014/65/EU
Article 24 – paragraph 4 – point a
– in point (a), the point (ii) is deleted and the following points (iv) and (v) are added:
2023/11/09
Committee: ECON
Amendment 452 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5 c – subparagraph 2
ESMA shall, by [18 months after the entry into force of the amending Directive], develop, and update periodically, guidelinedraft regulatory technical standards on the concept of particularly risky financial instruments taking due account of the specificities of the different types of instruments.
2023/11/09
Committee: ECON
Amendment 468 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point j – point ii
(d) the criteria to assess compliance of firms providing investment advice to retail clients, notably those receiving inducement, with the obligation to act in the best interest of their clients as set out in paragraphs 1 and 1a.;
2023/11/09
Committee: ECON
Amendment 478 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 1
1. Member States shall ensure that investment firms, when providing portfolio management or when providing investment advice, do not pay or receive any fee or commission, or provide or are provided with any non-monetary benefit, in connection with the provision of such service, to or by any party except the client or a person on behalf of the client.
2023/11/09
Committee: ECON
Amendment 496 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 3
3. Paragraph 2 shall not apply to investment firms, when providing investment advice on a non-independent basis relating to one or more transactions of that client covered by that advice.deleted
2023/11/09
Committee: ECON
Amendment 521 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24a – paragraph 7
7. Where the investment firm is not prohibited from getting or paying fees or benefits, from or to a third-party, in connection with services provided to its clients, it shall ensure that the reception or payment of such fees or benefits does not impair compliance with the investment firm’s duty to act honestly, fairly and professionally in accordance with the best interest of its clients. The existence, nature and amount of such third-party payment(s) shall be disclosed in accordance with Article 24b(1). Where applicable, the investment firm shall also inform the client on mechanisms for transferring to the client the fee, commission, monetary or non- monetary benefit received in relation to the provision of the investment or ancillary service. The payment or benefit which enables or is necessary for the provision of investment services, such as custody costs, settlement and exchange fees, regulatory levies or legal fees, and which by its nature cannot give rise to conflicts with the investment firm’s duties to act honestly, fairly and professionally in accordance with the best interests of its clients, is not subject to the requirements set out in the first subparagraph.deleted
2023/11/09
Committee: ECON
Amendment 529 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24a – paragraph 8
8. Three years after the date of entry into force of Directive (EU) [OP Please introduce the number of the amending Directive] and after having consulted ESMA and EIOPA, the Commission shall assess the effects of third-party payments on retail investors, in particular in view of potential conflicts of interest and as regards the availability of independent advice, and shall evaluate the impact of the relevant provisions of Directive (EU) [OP Please introduce the number of the amending Directive] on it. If necessary to prevent consumer detriment, the Commission shall propose legislative amendments to the European Parliament and the Council.deleted
2023/11/09
Committee: ECON
Amendment 538 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – title
Information on costs, and associated charges and third-party payments
2023/11/09
Committee: ECON
Amendment 539 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 1
Member States shall ensure that investment firms provide clients or potential clients in good time prior to the provision of any investment services and ancillary services, and in good time prior to the conclusion of any transaction on financial instruments with information, in the required format, on all costs, associated charges and third- party payments related to those services, financial instruments or transactions.
2023/11/09
Committee: ECON
Amendment 541 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – introductory part
The information on those costs, associated charges and third-party payments shall include all of the following:
2023/11/09
Committee: ECON
Amendment 542 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – point a
(a) all explicit and implicit, and associated charges, including all costs and charges relating to the distribution of the financial instrument, and the cost of advice, where relevant, charged by the investment firms or other parties where the client has been directed to such other parties, for the investment services and/or ancillary services provided to the client or potential client;
2023/11/09
Committee: ECON
Amendment 544 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – point c
(c) any third-party payments paid or received by the firm in connection with the investment services provided to the client or potential client;deleted
2023/11/09
Committee: ECON
Amendment 547 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – point d a (new)
(da) The information referred to in the second subparagraph, point (a) to (c), shall be accompanied by an appropriate explanation, in a standardised and comprehensible language for an average retail client, on the impact of the costs, charges and any third-party payments on the expected return.
2023/11/09
Committee: ECON
Amendment 549 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 3
Member States shall ensure that investment firms aggregate the information on all costs and associated charges to enable the client to understand the overall cost, of the financial instruments and the cumulative effect on return of the investment. Member States shall ensure that investment firms express the overall cost in monetary terms and percentages calculated up to the maturity date of the financial instrument or for financial instruments without a maturity date, the holding period recommended by the investment firm, or in the absence thereof, holding periods of 1, 35 and 510 years. Where the client so requests, investment firmsInvestment firms shall inform the clients explicitly about the possibility to ask for an itemised breakdown of the aggregated information of all costs and associated charges and they shall provide such an itemised breakdown at the request of the client.
2023/11/09
Committee: ECON
Amendment 552 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 4
The third-party payments paid or received by the investment firm in connection with the investment service provided to the client shall be itemised separately. The investment firm shall disclose the cumulative impact of such third-party payments, including any recurring third- party payments, on the net return over the holding period as mentioned in the preceding subparagraph. The purpose of the third-party payments and their impact on the net return shall be explained in a standardised way and in a comprehensible language for an average retail client.deleted
2023/11/09
Committee: ECON
Amendment 559 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 5
Where the amount of any costs, associated charges or third-party payments cannot be ascertained prior to the provision of the relevant investment or ancillary service, the method of calculating the amount shall be clearly disclosed to the client in a manner that is comprehensible, accurate and understandable for an average retail client.
2023/11/09
Committee: ECON
Amendment 569 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point a
(a) the relevant format for the provision of any costs, and associated charges and third-party payments, by the investment firm to its retail client or potential retail client, prior to the provision of provision of any investment services, ancillary services, and the conclusion of any transaction on financial instruments;
2023/11/09
Committee: ECON
Amendment 571 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point aa (new)
(aa) the relevant format for the provision of the annual statement on all costs and associated charges by the investment firms to its retail client.
2023/11/09
Committee: ECON
Amendment 572 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point b
(b) the standard terminology and related explanations to be used by investment firms for the disclosure and calculation of any costs, and associated charges and third-party payments charged directly or indirectly by firms to the client or potential client in connection with the provision of any investment service(s) or ancillary service(s) and the manufacturing and managing of financial instruments to be recommended or marketed to the client or potential client. Explanations related to those costs, and associated charges and third- party payments and their impact on the expected returns, shall ensure that they are likely to be understood by any average retail client without specific knowledge on investments in financial instruments.
2023/11/09
Committee: ECON
Amendment 575 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the methodology for the calculation of costs.
2023/11/09
Committee: ECON
Amendment 591 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 4 – subparagraph 4
Upon its request, the retail client shall be entitled to receive each yeaInvestment firms shall inform retail clients explicitly about the possibility to ask for a detailed breakdown of the information referred to under point (a) to (c) above per financial instrument owned during the relevant period as well as for each tax borne by the retail client and shall provide such an itemised breakdown at the request of the client.
2023/11/09
Committee: ECON
Amendment 592 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 4 – subparagraph 4 a (new)
4a. The annual statement on costs and performance for retail clients shall be presented in an easy-to-understand way for an average retail client. The annual statement shall include a link to the independent online fund calculator and comparator to be developed by ESMA in accordance with Directive 2011/61/EU and Directive 2009/65/EC, including with a standardised alert concerning the impact of costs on investment returns: ‘Check how much you are paying using ESMA’s comparison tool, the costs associated with an investment product can significantly impact your investment returns."
2023/11/09
Committee: ECON
Amendment 593 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 4 – subparagraph 5
The annual statement on costs and performance for retail clients shall be presented in an easy-to-understand way for an average retail client. Information on costs, associated charges and any third-party payments shall be presented using the terminology and explanations as described under paragraph 2 of this Article.deleted
2023/11/09
Committee: ECON
Amendment 595 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 5
5. The annual statement referred to in paragraph 4 shall not be provided where the investment firm provides its retail clients with access to an online system, which qualifies as a durable medium, where up-to-date statements with the relevant disclosure per instrument as required under paragraph 4 can be easily accessed by the retail client and the firm has evidence that the client has accessed those statements at least once per year.deleted
2023/11/09
Committee: ECON
Amendment 607 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24c – paragraph 2 – subparagraph 3
The presentation of the essential characteristics of the financial instruments and services included in the marketing communications provided or made accessible to retail or potential retail clients, shall ensure that they can easily understand the key features of the financial instruments or services as well as the costs and main risks associated with them.
2023/11/09
Committee: ECON
Amendment 626 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24c – paragraph 8 – point b
(b) the conditions with which marketing communications and marketing practices should comply in order to be fair, clear, not misleading, balanced in terms of presentation of advantages, costs and risks, and appropriate in terms of content and distribution channels for the target audience or, where applicable, the target market.
2023/11/09
Committee: ECON
Amendment 629 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24d – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, Member States shall require investment firms to ensure and demonstrate to competent authorities on request that natural persons giving investment advice to clients on behalf of the investment firm possess and maintain at least the knowledge and competence set out in Annex V and undertake at least 135 hours of professional training and development per year. To ensure that natural persons giving investment advice can adequately identify a client’s individual sustainability preferences and give adequate advice about the sustainability risks of financial instruments, at least 15 hours of this professional training shall be dedicated to sustainability issues. Compliance with the criteria set out in Annex V as well as the yearly successful completion of the continuous professional training and development shall be proven by a certificate.
2023/11/09
Committee: ECON
Amendment 680 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2014/65
Article 88 a
Member States shall promote measures that support the education of retail clients and prospective retail clients in relation to responsible investment when accessing investment services or ancillary services. Member States shall ensure that all measures that they promote in the field of financial education are independent of any financial service provider. Member States shall fund consumer organisations and independent investor or shareholder organisations that support the support the education of retail clients and prospective retail clients in relation to responsible investment when accessing investment services or ancillary services.
2023/11/09
Committee: ECON
Amendment 695 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Directive (EU) 2016/97
Article 2 – paragraph 1 – point 22
(22) ‘online interface’ means any software, including a website, part of a website, or an application., including a mobile applications;
2023/11/09
Committee: ECON
Amendment 707 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b – point i
Directive (EU) 2016/97
Article 10 – paragraph 2 – subparagraph 2
For the purpose of the first subparagraph, home Member States shall have in place and publish mechanisms to control effectively and assess the knowledge and competence of insurance and reinsurance intermediaries, employees of insurance and reinsurance undertakings and employees of insurance and reinsurance intermediaries, as set out in Annex I, based on at least 135 hours of professional training or development per year, taking into account the nature of the products sold, the type of distributor, the role they perform, and the activity carried out within the insurance or reinsurance distributor. At least 15 hours of this professional training or development per year should be dedicated to sustainability issues.
2023/11/09
Committee: ECON
Amendment 711 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b a (new)
Directive (EU) 2016/97
Article 12 – paragraph 2a (new)
(ba) the following paragraph 2a is added: 2a. Insurance undertakings and intermediaries shall be required to report to national competent authorities of its home Member State on an annual basis: (i) the number of insurance-based investment products and, where applicable, underlying investment assets, that it considers when providing advice, with a distinction between those issued or provided by entities with close link to the insurance undertaking or intermediary and those provided by non-affiliated third- party providers; (ii) the ratio of insurance-based investment products and, where applicable, underlying investment assets, sold to clients that are issued or provided by entities with close links to the insurance undertaking or intermediary and those provided by non-affiliated third- party providers; National competent authorities shall forward this information to EIOPA without undue delay.
2023/11/09
Committee: ECON
Amendment 713 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7
Directive 2016/97
Article 12b – paragraph 1
1. EIOPA may, in the case of justified 1. concerns about negative effects on policyholders, on its own initiative or at the request of one or more of the competent authorities, set up and coordinate a collaboration platform, to strengthen the exchange of information and to enhance collaboration between the relevant supervisory authorities where an insurance or reinsurance distributor carries out, or intends to carry out, insurance distribution activities which are based on the freedom to provide services or the freedom of establishment or when an insurance manufacturer distributes, or intends to distribute, products in another Member State using insurance distributors registered in the host Member State and where such activities are of relevance with respect to the host Member State’s market. If a collaboration platform is set up at the request of a competent authority, that competent authority shall notify the competent authority of the home Member State of its justified concerns about negative effects on investors.
2023/11/09
Committee: ECON
Amendment 716 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8
Directive 2016/97
Article 14
Member States shall ensure that insurance and reinsurance distributors establish appropriate procedures and arrangements, including electronic communication channels, to ensure that complaints from customers and other interested parties, especially consumer associations, are dealt with properly and that there are no restrictions on customers and other interested parties exercising their rights under this Directive. Those procedures and arrangements shall allow customers and other interested parties to register complaints and receive replies in the same language in which the communication material or any contractual documents were provided. In all cases, complainants shall receive replies within 4015 working days.; Replies shall be written in the language in which complaints were made.
2023/11/09
Committee: ECON
Amendment 718 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 9
Directive 2016/97
Article 16 a
Member States shall promote measures that support the education of customers in relation to the responsible purchase of insurance products when accessing insurance services or ancillary services. Member States shall ensure that all measures that they promote in the field of financial education are independent of any financial service provider.
2023/11/09
Committee: ECON
Amendment 723 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12 – point b – point iii
Directive 2016/97
Article 19 – paragraph 1 – point d
(d) the nature of the remuneration received in relation to the insurance contract, in particular whether it works: (i) on the basis of a fee, that is the remuneration paid directly by the customer; (ii) on the basis of a commission of any kind, that is the remuneration included in the insurance premium; (iii) remuneration, including an economic benefit of any kind offered or given in connection with the insurance contract; or (iv) on the basis of a combination of any type of remuneration set out at points (i), (ii) and (iii).;deleted on the basis of any other type of
2023/11/09
Committee: ECON
Amendment 763 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 2
2. When an insurance-based investment product which deviates from the relevant benchmark referred to in paragraph 8, the manufacturer shall inform the relevant competent authority and perform additional testing and further assessments and establish whether costs and charges are nevertheless justified and proportionate. If a justification and proportionality of costs and charges cannot be demonstratedfor the deviation cannot be demonstrated to the relevant competent authority, the insurance- based investment product shall not be approved by the manufacturer. Where no relevant benchmark exists for an insurance- based investment product, a manufacturer shall approve the product only if it has established through product testing and assessments that the costs and charges are justified and proportionate and that the product meets the target market’s objectives and needs.
2023/11/09
Committee: ECON
Amendment 771 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 4 – subparagraph 1 – point a
(a) complete and accurate details of costs and charges of the insurance-based investment product, including any distribution costs incorporated into the costs of the product, inclusive of third-party payments;charged.
2023/11/09
Committee: ECON
Amendment 799 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 6
6. When an insurance-based investment product deviates from the relevant benchmark referred to in paragraph 8, the insurance intermediary or insurance undertaking distributing insurance-based investment products shall inform the relevant competent authority and perform additional testing and further assessments and establish whether costs and charges are nevertheless justified and proportionate. If justification and proportionality of costs and charges cannot be demonstrated to the relevant competent authority, the insurance intermediary or insurance undertaking shall not advise on or propose the insurance- based investment product to retail customers. Where no relevant benchmark exists for an insurance- based investment product, distributors shall only advise on or propose the product, if they have established through product testing and assessments that the costs and charges are justified and proportionate and that the product meets the target market’s objectives and needs.
2023/11/09
Committee: ECON
Amendment 803 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 7 – introductory part
7. An insurance intermediary or insurance undertaking which manufactures or distributes insurance-based investment products shall document all assessments made and provide these to their relevant competent authority, including the following:
2023/11/09
Committee: ECON
Amendment 809 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph – 7 a (new)
7a. The documentation resulting from this product approval process and any other assessment in accordance with this article shall also be made publicly available in an electronic format on the website of the insurance undertaking or insurance intermediary.
2023/11/09
Committee: ECON
Amendment 826 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
The costs used for the development of benchmarks shall, in addition to the total product cost, also include all costs of distribution, inclusive inducements. They shall allow comparison with individual cost components.
2023/11/09
Committee: ECON
Amendment 849 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 12 a (new)
12a. EIOPA shall organise and conduct a peer review, at least once every two years, in cooperation with national competent authorities regarding the implementation of the obligation described in this Article.
2023/11/09
Committee: ECON
Amendment 856 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 18
The presentation of the essential characteristics of marketing communications of insurance-based investment products shall ensure that retail investors can easily understand the key features of the insurance-based investment product as well as the costs and main risks associated with them.
2023/11/09
Committee: ECON
Amendment 868 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 8 – subparagraph 1 – point b
(b) the conditions with which marketing communications and marketing practices of insurance-based investment products should comply in order to be fair, clear, not misleading, balanced in terms of the presentation of the advantages, costs and risks , and appropriate in terms of content and distribution channels for the target audience or, where applicable, the target market.;
2023/11/09
Committee: ECON
Amendment 893 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 1 – point d
(d) information on all explicit and implicit costs, associated charges and third-party payments, including all costs and charges relating to the distribution of the insurance-based investment product, and the cost of advice, where relevant, how the customer may pay for it and the duration of payments;
2023/11/09
Committee: ECON
Amendment 896 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph, point (d), shall be accompanied by an appropriate explanation, in a standardised and comprehensible language for an average retail customer, on the impact of the costs, and charges and any third-party paymentscost of distribution on the expected return.
2023/11/09
Committee: ECON
Amendment 899 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 3
Member States shall ensure that insurance intermediaries and insurance undertakings present the information on all costs, charges and third-party payment and charges referred to in the first subparagraph, point (d) in aggregated form to enable the customer to understand the overall cost and the cumulative effect on the return of the investment. The overall cost shall be expressed in monetary terms and percentages calculated over the term of the insurance-based investment product. Where the customer so requests, iInsurance intermediaries and insurance undertakings shall provide an itemised breakdown of that informationinform clients explicitly about the possibility to ask for an itemised breakdown of that information and they shall provide such an itemised breakdown at the request of the client.
2023/11/09
Committee: ECON
Amendment 904 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
The third-party payments paid or receivdistribution costs charged by the insurance intermediary or insurance undertaking in connection with the provision or distribution of the insurance- based investment product shall be itemised separately. The insurance intermediary or insurance undertaking shall disclose the cumulative impact of such third-party paymencosts, including any recurring third- party paymencosts, on the net return over the term of the insurance-based investment product. The purpose of the third-party payments and their impactimpact of distribution costs on the net return shall be explained in a standardised way and in a comprehensible language for an average retail customer.
2023/11/09
Committee: ECON
Amendment 909 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 2 – subparagraph 5
The annual statement does not need to be provided where the manufacturer provides its retail policyholders with access to an online system, which qualifies as a durable medium, where up- to-date statements with the relevant information set out in paragraph 3 can be easily accessed and the manufacturer has evidence that the retail policyholder has accessed those statements at least once during the previous 12 months.deleted
2023/11/09
Committee: ECON
Amendment 913 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 3 – point a
(a) the total costs associated charges and third-party paymendistribution costs, expressed in an itemised way in monetary terms and percentages, paid or borne, directly or indirectly, by the retail policyholder over the previous 12 months and on a compounded basis since the start of the contract term in connection with the insurance-based investment product;
2023/11/09
Committee: ECON
Amendment 921 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 3 a (new)
3a. The annual statement shall include a link to the independent online fund calculator and comparator to be developed by ESMA in accordance with Directive 2011/61/EU and Directive 2009/65/EC, including with a standardised alert concerning the impact of costs on investment returns: ‘Check how much you are paying using ESMA’s comparison tool, the costs associated with an insurance-based investment product can significantly impact your investment returns.
2023/11/09
Committee: ECON
Amendment 927 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 5 – subparagraph 2
EIOPA shall, by [18 months after the entry into force of the amending Directive], develop, and update periodically, guidelines ondraft regulatory technical standards to further specify the concept of particularly risky insurance-based investment products and the format and content of such risk warnings, taking due account of the specificities of the different types of insurance-based investment products.
2023/11/09
Committee: ECON
Amendment 946 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 1 – subparagraph 1
Member States shall ensure that insurance intermediaries or insurance undertakings that manufacture insurance-based investment products or distribute such products in accordance with Article 30(1), 30(2) and (3) do not pay or receive any fee or commission, or provide or are provided with any non-monetary benefit with regard to the provision or distribution of an insurance based investment product, to or by any party except the customer or a person on behalf of the customer.
2023/11/09
Committee: ECON
Amendment 950 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 2
2. Member States shall ensure that insurance intermediaries or insurance undertakings, when distributing insurance-based investment products in accordance with Article 30(1), only receive or pay fees or benefits from or to a third-party on the condition that those insurance intermediaries or insurance undertakings ensure that the reception or payment of such fees or benefits does not impair compliance with their duty to act honestly, fairly and professionally in accordance with the best interests of their customers. Insurance intermediaries and insurance undertakings shall disclose the existence, nature and amount of such third-party payments in accordance with Article 29.deleted
2023/11/09
Committee: ECON
Amendment 957 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 4 – subparagraph 1
Member States may impose stricter requirements on insurance intermediaries and insurance undertakings in respect of the matters covered by this Article. In particular, Member States may additionally prohibit or further restrict the offer or acceptance of fees, commissions or non-monetary benefits from third parties in relation to the provision of insurance advice.
2023/11/09
Committee: ECON
Amendment 967 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 5 – point b
(b) the criteria for assessing compliance of insurance intermediaries and insurance undertakings paying or receiving inducements with the obligation to act honestly, fairly and professionally in accordance with the best interests of the customer.
2023/11/09
Committee: ECON
Amendment 968 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 6
6. Three years after the date of entry into force of Directive (EU) [OP Please introduce the number of the amending Directive] and after having consulted ESMA and EIOPA, the Commission shall assess the effects of third-party payments on retail investors, in particular in view of potential conflicts of interest and as regards the availability of independent advice, and shall evaluate the impact of the relevant provisions of Directive (EU) [OP Please introduce the number of the amending Directive] on retail investors. If necessary to prevent consumer detriment, the Commission shall propose legislative amendments to the European Parliament and the Council.deleted
2023/11/09
Committee: ECON
Amendment 983 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 1 – point a
(a) to provide such advice on the basis of an assessment of an appropriate range of suitable insurance-based investment products and, where applicable, underlying investment assets, including an appropriate range of suitable insurance- based investment products and, where applicable underlying investment assets, from third party product providers having no close links with the insurance undertaking or insurance intermediary;
2023/11/09
Committee: ECON
Amendment 1009 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 1 – point d
(d) to recommend anonly insurance-based investment products which insurance cover iss are consistent with the customer’s insurance demands and needs.
2023/11/09
Committee: ECON
Amendment 1012 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 1 a (new)
1a. EIOPA shall organise and conduct a mandatory peer review in cooperation with national competent authorities regarding the implementation of the obligations described in this Article.
2023/11/09
Committee: ECON
Amendment 1044 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point d
Directive 2016/97
Article 30 – paragraph 5 a – subparagraph 1
Member States may impose stricter requirements on distributors in respect of the matters covered by this Article. In particular, Member States may make the provision of advice referred to in Article 30 mandatory for the sales of any insurance-based investment products, or for certain types of themMember States shall ensure that their stricter requirements do not prevent the sales without advice as defined in Article 2(1a) of this Directive.
2023/11/09
Committee: ECON
Amendment 1079 #

2023/0167(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65
Article 14 – paragraph 1 e – subparagraph 1
Member States shall require management companies to assess at least annually the conditions mentioned in paragraph 1b, point (b) and to take corrective measures if needed. Theis assessment shall be published in the prospectus of the UCITS and take into account the criteria set out in the pricing process in paragraph 1c and include a comparison with the relevant benchmark on costs and performance published by ESMA in accordance with paragraph 1f.
2023/11/09
Committee: ECON
Amendment 1083 #

2023/0167(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65
Article 14 – paragraph 1 e – subparagraph 2
When a UCITS or its share classes, when they have different cost structures, deviate from the relevant benchmark referred to in paragraph 1f, the management company shall inform the competent authority of the management company and perform additional testing and further assessments and establish whether costs and charges are nevertheless justified and proportionate. If a justification and proportionality of costs and charges cannot be demonstratedfor the deviation cannot be demonstrated to the competent authority of the management company or if the UCITS or its share classes do not comply with other criteria set out by the management company in the pricing process that UCITS or its share classes shall not be marketed to retail investors by the management company.
2023/11/09
Committee: ECON
Amendment 1090 #

2023/0167(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 f a (new)
(fa) ESMA shall develop and maintain an independent online fund calculator and comparator which will be accessible on its website. The fund comparator and calculator shall include in the calculation elements such as the past performance, risk level and costs and fees charged by the management company of the UCITS, together with the costs of distribution. The fund comparator shall include the possibility for a comparison with the relevant benchmark referred to in paragraph 1e. ESMA and national competent authorities shall promote the use of the fund comparator and calculator by retail investors. Management companies and distributors shall promote the use of the fund comparator and calculator on their websites, including in relevant marketing material. Management companies and distributors shall be required to submit relevant data to their home competent authority on a quarterly basis, with a maximum delay of 60 days. The competent authorities shall transmit such data without undue delay to ESMA. ESMA shall develop draft regulatory technical standards to specify the details of the information to be reported for the purposes of the fund comparator and calculator. In developing these draft regulatory technical standards ESMA shall take into account their consistency with other reporting requirements to which the management companies, managers and distributors are subject, in particular under MiFID, IDD, UCITS and AIFMD, especially with regards to data reported for the formation and publication of benchmarks on cost and performance. ESMA shall submit those draft regulatory technical standards to the Commission by [18 months after the entry into force of this amending Regulation]. ESMA shall develop draft implementing technical standards specifying: (a) the data standards and formats for the information to be reported; (b) methods and arrangements for delivery of the information to be reported; (c) first date of the delivery of the reports, the frequency and submission deadlines for subsequent reports. In developing those draft implementing technical standards, ESMA shall take into account international developments and standards agreed upon at Union or global level, and their consistency with other reporting requirements to which the manufacturers and sellers of investment products are subject ESMA shall submit those draft implementing technical standards to the Commission by [18 months after the entry into force of this amending Regulation]
2023/11/09
Committee: ECON
Amendment 1091 #

2023/0167(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 f b (new)
(fb) ESMA shall organise and conduct a peer review, at least once every two years, in cooperation with national competent authorities regarding the implementation of the obligations described in this Article.
2023/11/09
Committee: ECON
Amendment 1105 #

2023/0167(COD)

Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a – introductory part
(a) the following paragraphs 1a to 1fg are inserted:
2023/11/09
Committee: ECON
Amendment 1122 #

2023/0167(COD)

Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61
Article 12 – paragraph 1 e – subparagraph 1
1e. Member States shall require AIFMs to assess at least annually the conditions mentioned in paragraph 1b, point (b) and to take corrective measures if needed. Theis assessment shall be published in the prospectus and take into account the criteria set out in the pricing process in paragraph 1c and, for AIFs marketed to retail investors, include a comparison with the relevant benchmark on costs and performance published by ESMA in accordance with paragraph 1f.
2023/11/09
Committee: ECON
Amendment 1126 #

2023/0167(COD)

Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
directive 2011/61
Article 12 – paragraph 1 e – subparagraph 2
When an AIF or its share classes, when they have different cost structures, deviate from the relevant benchmark referred to in paragraph 1f, the AIFM shall inform the competent authority of the AIFM and perform additional testing and further assessments and establish whether costs and charges are nevertheless justified and proportionate. If justification and proportionality of costs and charges cannot be demonstratedfor the deviation cannot be demonstrated to the competent authority of the management company, or if the AIF or its share classes do not comply with other criteria set out by the AIFM in the pricing process, that AIF or its share class shall not be marketed to retail investors by the AIFM.
2023/11/09
Committee: ECON
Amendment 1132 #

2023/0167(COD)

Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 f a (new)
(fa) ESMA shall develop and maintain an independent online fund calculator and comparator which will be accessible on its website. The fund comparator and calculator shall include in the calculation elements such as the past performance, risk level and costs and fees charged by the management company of the AIF, together with the costs of distribution. The fund comparator shall include the possibility for a comparison with the relevant benchmark referred to in paragraph 1e. ESMA and national competent authorities shall promote the use of the fund comparator and calculator by retail investors. Management companies and distributors shall promote the use of the fund comparator and calculator on their websites, including in relevant marketing material. Management companies and distributors shall be required to submit relevant data to their home competent authority on a quarterly basis, with a maximum delay of 60 days. The competent authorities shall transmit such data without undue delay to ESMA. ESMA shall develop draft regulatory technical standards to specify the details of the information to be reported for the purposes of the fund comparator and calculator. In developing these draft regulatory technical standards ESMA shall take into account their consistency with other reporting requirements to which the management companies, managers and distributors are subject, in particular under MiFID, IDD, UCITS and AIFMD, especially with regards to data reported for the formation and publication of benchmarks on cost and performance. ESMA shall submit those draft regulatory technical standards to the Commission by [18 months after the entry into force of this amending Regulation]. ESMA shall develop draft implementing technical standards specifying: (a) the data standards and formats for the information to be reported; (b) methods and arrangements for delivery of the information to be reported; (c) first date of the delivery of the reports, the frequency and submission deadlines for subsequent reports. In developing those draft implementing technical standards, ESMA shall take into account international developments and standards agreed upon at Union or global level, and their consistency with other reporting requirements to which the manufacturers and sellers of investment products are subject ESMA shall submit those draft implementing technical standards to the Commission by [18 months after the entry into force of this amending Regulation].
2023/11/09
Committee: ECON
Amendment 1133 #

2023/0167(COD)

Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 f b (new)
(f b) ESMA shall organise and conduct a peer review, at least once every two years, in cooperation with national competent authorities regarding the implementation of the obligations described in this Article.
2023/11/09
Committee: ECON
Amendment 39 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1286/2014
Article 6 – paragraph 3
(4) in Article 6 paragraph 3 is replaced by the following: “3. paragraph 2, where a PRIIP offers the retail investor a range of options for investments, such that all information required in Article 8(3) with regard to each investment option cannot be provided within a single, concise stand- alone document, the key information document shall provide a generic description of the underlying investment options, and the costs of the PRIIP other than the costs for the investment option, provided that: (a) PRIIPs manufacturers provide investors with tools adapted to retail investors that facilitate research and comparison among the different investment options, including on costs; (b) Retail investors have easy access to the pre-contractual information documentation relating to the investment products backing the underlying investment options; (c) PRIIPs manufacturers provide investors, upon their request and in good time before retail investors are bound by any contract or offer to invest in a given investment option, the complete costs of the PRIIP relating to this investment option.”deleted By way of derogation from
2023/11/07
Committee: ECON
Amendment 40 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 1286/2014
Article 6 – paragraph 3 – introductory part
3. By way of derogation from paragraph 2, where a PRIIP offers the retail investors a range of options for investments, such that all information required in Article 8(3) with regard to each underlying investment option cannot be provided within a single, concise stand- alone document, the key information document shall provide a generic description of the underlying investment options, and the costs of the PRIIP other thinclude a link to a digital comparison tool to facilitate easy comparison for retail investors between the different underlying investment options. That digital comparison tool will include relevant information related to the different underlying investment options, including at least a brief description of the underlying investment options, the annual cost impact of the insurance contract, the annual cost impact of the investment option, the recommended holding period and the costs for the investment option, provided that:summary risk indicator of the underlying investment option, including links to the relevant key information documents of the underling investment options. That digital comparison tool will allow easy filtering and sorting of information by retail investors.
2023/11/07
Committee: ECON
Amendment 58 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1286/2014
Article 6 – paragraph 4 a (new)
(4) In Article 6, the following paragraph is added: “4 a. By way of derogation from paragraph 3, where a PRIIP offers the retail investors a range of options for investments and where there are fewer than 100 different underlying options for investments available to the retail investor, the PRIIPs manufacturer shall be required to provide a summary table in the annex to the Key Information Document including at least a brief description of the underlying investment options, the annual cost impact of the insurance contract, the annual cost impact of the investment option, the recommended holding period and the summary risk indicator of the underlying investment option, including links to the relevant key information documents of the underling investment options.”
2023/11/07
Committee: ECON
Amendment 59 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) No 1286/2014
Article 6 – paragraph 5 a (new)
(4b) In Article 6, the following paragraph is added: “5a. In order to ensure consistent application of paragraph 2 and 3, EIOPA shall in consultation with ESMA, develop draft regulatory technical standards specifying the type of information to be provided in the digital comparison tool and the summary table and how this information will be presented to investors, ensuring the information is concise, comparable and understandable to investors. EIOPA shall submit those draft regulatory technical standards to the Commission by… [PO please insert the date= one year after the date of entry into force of this amending Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.”
2023/11/07
Committee: ECON
Amendment 82 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point f – subparagraph 1
(ca) in paragraph 3, point (f), the following subparagraph is added after the first subparagraph: “This section shall include a link to the independent online fund calculator and comparator to be developed by ESMA in accordance with Directive 2011/61/EU and Directive 2009/65/EC, including with a standardised alert concerning the impact of costs on investment returns: ‘Check how much you are paying using ESMA’s comparison tool, the costs associated with an investment product can significantly impact your investment returns."
2023/11/07
Committee: ECON
Amendment 90 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga – point ii a (new)
(iia) the exposure of the PRIIP to coal-, oil- and gas-related activities in accordance with Article 19a of Directive 2013/34/EU;
2023/11/07
Committee: ECON
Amendment 91 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga – point ii b (new)
(iib) a link to the relevant pre- contractual disclosures that have to be provided to retail investors in accordance with Article 6(3) of Regulation (EU) 2019/2088;
2023/11/07
Committee: ECON
Amendment 101 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 1286/2014
Article 13 – paragraph 1 a (new)
(6a) in Article 13, the following paragraph is added: “1a. A person advising on, or selling, a PRIIP must make available on its website, in a manner that is easily and publicly accessible to all retail investors, all of the relevant key information documents that the person sells or advises on.”
2023/11/07
Committee: ECON
Amendment 120 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1286/2014
Article 16 – paragraph 2
(7a) in Article 16, paragraph 2 is replaced by the following: “2. EIOPA shall take a decision under paragraph 1 only if all of the following conditions are fulfilled: (a) the proposed action addresses a significant investor protection concern or a threat to the orderly functioning and integrity of financial markets or to the stability of the whole or part of the financial system in the Union, also taking into account any deviation by the insurance-based investment product from the benchmarks to be developed by EIOPA in accordance with Article 25(8) of Directive (EU) 2016.97; (b) regulatory requirements under Union law that are applicable to the relevant insurance-based investment product or activity do not address the threat; (c) a competent authority or competent authorities have not taken action to address the threat. or the actions that have been taken do not adequately address the threat or the concerned product or products are marketed in multiple Member States making it difficult for the competent authority of the home Member State to oversee product distribution issues and for competent authorities of host Member States to oversee the manufacturing process. Where the conditions set out in the first subparagraph are fulfilled, EIOPA may impose the prohibition or restriction referred to in paragraph 1 on a precautionary basis before an insurance- based investment product has been marketed or sold to investors.”
2023/11/07
Committee: ECON
Amendment 118 #

2023/0115(COD)

Proposal for a directive
Recital 26
(26) To ensure that preventive measures achieve their objective, credit institutions should be required to prepare a noterestructuring plan outlining the measures that they commit to undertake. The preparation of such note should not be too burdensome and time- consuming for the credit institution to ensure the possibility for the DGS to intervene early enough. Therefore, the note accompanying preventive measures should take the form of a sufficiently short explanatory document. Such noteor the competent authority to intervene early enough. Such restructuring plan should contain all elements which aim at preventing the outflow of funds and strengthening the capital and liquidity position of the credit institution, enabling the credit institution to comply with all the relevant prudential and other regulatory requirements on a forward-looking basis. Such noterestructuring plan should therefore contain capital raising measures, including rules on the issuance of rights, the voluntary conversion of subordinated debt instruments, liability management exercises, capital generating sales of assets, the securitisation of portfolios, and earnings retention, including dividend bans and bans on the acquisition of stakes in undertakings. For the same reason, during the implementation of the measures envisaged in the noterestructuring plan , credit institutions should also strengthen their liquidity positions and refrain from aggressive commercial practices, and from the repurchasing of own shares or call hybrid capital instruments. Such noterestructuring plan should also contain an exit strategy for any support measures received. Competent authorities are best positioned to be consulted on the relevance and credibility of the measures envisaged in the noterestructuring plan . To ensure that the designated authorities of the DGS that is requested to finance a preventive measure by the credit institution can assess that all the conditions for preventive measures are fulfilled, the competent authorities should cooperate with the designated authorities. To ensure a consistent approach to the application of preventive measures across the Union, the EBA should issue guidelines to assist credit institutions to draft such a note.restructuring plan
2023/11/06
Committee: ECON
Amendment 254 #

2023/0115(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 1
1. Member States shall ensure that credit institutions which request a DGS to finance preventive measures in accordance with Article 11(3) present to the competent authority for consultation a note with measures that those credit institutions commit to undertake to ensure or restoreapproval a restructuring plan to ensure or restore long term viability an compliance with the supervisory requirements applicable to the credit institution concerned and that are laid down inin accordance with Directive 2013/36/EU and Regulation (EU) No 575/2013.
2023/11/06
Committee: ECON
Amendment 255 #

2023/0115(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 2
2. The noterestructuring plan referred to in paragraph 1 shall set out actions to mitigate the risk of deterioration of the financial soundness and strengthen the credit institution’s capital and liquidity position.
2023/11/06
Committee: ECON
Amendment 258 #

2023/0115(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 3
3. Member States shall ensure that in the event of a capital support measure, the noterestructuring plan referred to in paragraph 1 identifies all capital raising measures that can be implemented, including safeguards preventing outflows of funds, a forward- looking capital adequacy assessment, and a subsequent determination of the capital shortfall that the DGS has to cover.
2023/11/06
Committee: ECON
Amendment 275 #

2023/0115(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11c – paragraph 1
1. Member States shall ensure that where the credit institution fails to fulfil the commitments outlined in the noterestructuring plan referred to in Article 11b(1), or fails to repay the amount contributed under the preventive measures at maturity, the DGS informs the competent authority thereof without delay.
2023/11/06
Committee: ECON
Amendment 281 #

2023/0115(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11c – paragraph 4
4. By … [OP – please insert the date = 424 months after the date of entry into force of this Directive] the EBA shall issue guidelines setting elements of the noterestructuring plan accompanying the preventive measures referred to in Article 11b(1) and the remediation plan referred to in paragraph 1 of this Article.
2023/11/06
Committee: ECON
Amendment 312 #

2023/0115(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c
Directive 2014/49/EU
Article 14 – paragraph 2a
2a. Member States shall ensure that a DGS of a host Member State may, subject to an agreement with a DGS of a home Member State, act as the point of contact for depositors at credit institutions that exercise the freedom to provide services as referred to in Title V, Chapter 3, of Directive 2013/36/EU, and shall be compensated for the costs incurred. DGS of a home Member State shall provide to the DGS of the host Member State information on the number of depositors, amount of covered deposits and possible relevant changes to these.
2023/11/06
Committee: ECON
Amendment 27 #

2023/0113(COD)

Proposal for a directive
Recital 8
(8) Where then preparing resolution authority considers that an entity that iplans and assessing the resolvability of resolution groups, resolution authorities part of a resolution group qualifies as a liquidation entity, intermediate entities should not be required to deduct from their internal MREL capacity their holdings of own funds or other liabilities that would meet the conditions for compliance with the internal MREL and that are issued by liquidation entities. In such a case, the liquidation entity is no longer required to comply with the MREL, and therefore there is no indirect subscription of internal MREL eligible resources through the chain formed by the resolution entity, the intermediate entity and the liquidation entitye able to consider that a group entity qualifies as a liquidation entity as the exercise of the write-down and conversion powers is not envisaged in respect of that entity directly or indirectly, latter being the case where the entity could be, for example, first merged with other entities before applying the write-down and conversion powers to that merged entity. Where that is the case, the group entity might not need to hold own funds and eligible liabilities in excess of its own funds requirements. In those circumstances, intermediate entities should be required to deduct from their internal MREL capacity their holdings of own funds that are issued by liquidation entities which are not subject to a MREL decision. However, they should not be required to deduct liabilities that would meet the conditions for compliance with the internal MREL. In case of failure, the resolution strategy does not envisage that the liquidation entity would be supportrecapitalised by the resolution entity. That means that the upstreaming of losses above the existing own funds requirements from the liquidation entity to the resolution entity, via the intermediate entity, would not be expected, and neither would the downstreaming of capital in the opposite direction. That adjustment to the scope of the holdings to be deducted in the context of the indirect subscription of internal MREL eligible resources would thus not affect the prudential soundness of the framework.
2023/10/03
Committee: ECON
Amendment 41 #

2023/0113(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/59/EU
Article – 45c – paragraph 2a – subparagraph 2 – introductory part
By way of derogation from the first subparagraph, and where necessary for the objecthe resolution authority shall assess whether it is justified to determine the requirement referred to in Article 45(1) for liquidation entitives of protecting financial stability or limiting potentialn an individual basis in an amount exceeding the amount sufficient to absorb losses in accordance with paragraph 2, point (a), of this Article. The assessment by the resolution authority shall consider the possible consequences of the failure of the liquidation entity concerned and shall, in particular, take into account any possible impacts on financial stability and on the risk of contagion to the financial system,. The resolution authorities may exceptionallyy shall also determine the requirement referred to in Article 45(1) for liquidation entities on an individual basis into an amount exceeding the amount sufficient to absorb losses in accordance with paragraph 2, point (a), of this Article, increased to the amount that is necessary for the achie to such liquidation entities which resolution strategy envisages the use of alternative ment of those objectivesasures according to Article 11(6) of Directive 2014/49/EU. In those cases, liquidation entities shall meet the requirement referred to in Article 45(1) by using one or more of the following:
2023/10/03
Committee: ECON
Amendment 57 #

2023/0113(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2014/59/EU
Article 45f – paragraph 1 – subparagraph 3a – point b
(b) compliancethere is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities to the subsidiary and the exemption from the obligation to comply with the requirement laid down in Article 45c on a consolidatedn individual basis does not negatively affect in a significant way the resolvability of the resolution group, or the write down or conversion, in accordance with Article 59, of relevant capital instruments and eligible liabilities of the subsidiary concerned or of other entities in the resolution group.;
2023/10/03
Committee: ECON
Amendment 39 #

2023/0112(COD)

Proposal for a directive
Recital 2
(2) Several years into its implementation, the Union resolution framework as currently applicable does not deliver as intended with respect of some of those objectives. In particular, while institutions and entities have made significant progress towards resolvability and have dedicated significant resources to that end, in particular through the build-up of the loss absorption and recapitalisation capacity and the filling-up of resolution financing arrangements, the Union resolution framework is seldom resorted to. Failures of certain smaller and medium- sized institutions and entities are instead mostly addressed through unharmonised national measures. Taxpayer money is used rather than resolution financing arrangements. That situation appears to arise from inadequate incentives. Those inadequate incentives result from the interplay of the Union resolution framework with national rules, whereby the broad discretion in the public interest assessment is not always exercised in a way that reflects how the Union resolution framework was intended to apply. At the same time, the Union resolution framework saw little use due to the risks for depositors of deposit-funded institutions to bear losses to ensure that those institutions can access external funding in resolution, in particular in the absence of other bail-inable liabilities. Finally, the fact that there are less stringent rules on access to funding outside resolution than in resolution has discouraged the application of the Union resolution framework in favour of other solutions, which often entail the use of taxpayers’ money instead of the own resources of the institution and entity or industry-funded safety nets. That situation, in turn, generates risks of fragmentation, risks of suboptimal outcomes in managing institutions and entities’ failures, in particular in the case of smaller and medium-sized institutions and entities, and opportunity costs from unused financial resources. It is therefore necessary to ensure a more effective and coherent application of the Union resolution framework and to ensure that it can be applied whenever that is in the public interest, including for certain smaller and medium-sized institutions primarily funded through deposits and without sufficient other bail-inable liabilities.
2023/11/06
Committee: ECON
Amendment 53 #

2023/0112(COD)

Proposal for a directive
Recital 10
(10) The assessment of whether the resolution of an institution or entity is in the public interest should reflect the consideration that depositors are better protected when deposit guarantee scheme (‘DGS’) funds are used more efficiently and the losses for those funds are minimised. Therefore, in the public interest assessment, the resolution objective of protecting depositors should be considered better achieved in resolution if opting for insolvency would be more costly for the DGS.deleted
2023/11/06
Committee: ECON
Amendment 69 #

2023/0112(COD)

Proposal for a directive
Recital 12
(12) To ensure that the resolution objectives are attained in the most effective way, the outcome of the public interest assessment should be negative only where the winding up of the failing institution or entity under normal insolvency proceedings would achieve the resolution objectives more effectively and not only to the same extent as resolution.deleted
2023/11/06
Committee: ECON
Amendment 88 #

2023/0112(COD)

Proposal for a directive
Recital 26
(26) In certain circumstances, after the resolution financing arrangement has provided a contribution up to the maximum of 5 % of the institution or entity’s total liabilities including own funds, resolution authorities may use additional sources of funding to further support their resolution action. It should be specified more clearly in which circumstances the resolution financing arrangement may provide further support where all liabilities with a priority ranking lower than deposits that are not mandatorily or discretionarily excluded from bail-in have been written down or converted in full.
2023/11/06
Committee: ECON
Amendment 92 #

2023/0112(COD)

Proposal for a directive
Recital 29
(29) The level of the MREL for resolution entities is the sum of the amount of the losses expected in resolution and the recapitalisation amount that enable the resolution entity to continue to comply with its conditions for authorisation and enabling it to pursue its activities for the appropriate period. Certain preferred resolution strategies entail the transfer of assets, rights and liabilities to a recipient and market exit, in particular the sale of business tool. In those cases, the objectives pursued by the recapitalisation component might not apply to the same extent, because the resolution authority will not be required to ensure that the resolution entity restores compliance with its own funds requirements after resolution action. Nevertheless, the losses in such cases are expected to exceed the resolution entity’s own funds requirements. It is therefore appropriate to lay down that the level of the MREL of those resolution entities continues to include a recapitalisation amount that is adjusted in a way that is proportionate tosupports the resolution strategy.
2023/11/06
Committee: ECON
Amendment 110 #

2023/0112(COD)

Proposal for a directive
Recital 38
(38) The ranking of all deposits should be fully harmonised through the implementation of a general depositor preference with a single-tiered approach, whereby all deposits benefit from a higher priority ranking over ordinary unsecured claims, without any differentiation between different types of deposits. At the same time, the use of the deposit guarantee schemes in resolution, insolvency and in preventive measures should always remain subject to compliance with the relevant conditionality, in particular the so-called ‘least cost test’.deleted
2023/11/06
Committee: ECON
Amendment 129 #

2023/0112(COD)

Proposal for a directive
Recital 41
(41) The changes to the priority ranking of deposits, in particular the elimination of the higher ranking of covered deposits and the claims of the DGSs relative to all other deposits, would not negatively affect the protection afforded to covered deposits in the event of failure, as that protection would continue to be guaranteed through the mandatory exclusion of covered deposits from loss absorption in case of resolution and, ultimately, by the payout provided by the DGS in event of unavailability of deposits.deleted
2023/11/06
Committee: ECON
Amendment 135 #

2023/0112(COD)

Proposal for a directive
Recital 43
(43) To ensure sufficient flexibility and to facilitate DGS interventions in support of the use of the resolution tools, where they lead to the exit from the market of the institution under resolution and where necessary to prevent losses being borne by depositors, certain aspects of the use of DGS in resolution should be specified. In particular, it is necessary to specify that the DGS can be used to support transfer transactions that include deposits, including eligible deposits beyond the coverage level provided by the DGS, and also deposits excluded from repayment by a DGS, in certain cases and under clear conditions. The contribution of the DGS should be aimed at covering the shortfall in the value of the assets transferred to a buyer or bridge institution in comparison to the value of the transferred deposits. Where a contribution is required by the buyer as part of the transaction to ensure its capital neutrality and preserve compliance with the buyer’s capital requirements, the DGS should also be allowed to contribute to that effect. The support of the DGS to resolution action should take the form of cash or other forms, such as guarantees or loss sharing agreements that can minimise the impact of the support on the available financial means of the DGS while simultaneously allowing the contribution of the DGS to meet its purposes.deleted
2023/11/06
Committee: ECON
Amendment 238 #

2023/0112(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2014/59/EU
Article 31– paragraph 2 – point c
(c) to protect public funds by minimising reliance on extraordinary public financial support, in particular when provided from the budget of a Member State;
2023/11/06
Committee: ECON
Amendment 273 #

2023/0112(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Directive 2014/59/EU
Article 32 – paragraph 5 – subparagraph 2
Member States shall ensure that when carrying out the assessment referred to in the first subparagraph, the resolution authority, based on the information available to it at the time of that assessment, considers and compares all extraordinary public financial support that can reasonably be expected to be granted to the institution, both in the event of resolution and in the event of winding up in accordance with the applicable national law.; If liquidation aid is expected to be granted in winding up the institution according to the national law, the resolution action shall be assessed to be in the public interest.
2023/11/06
Committee: ECON
Amendment 299 #

2023/0112(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 1 – point a – introductory part
(a) where, to remedy a serious disturbance in the economy of a Member State orand to preserve financial stability, the extraordinary public financial support takes any of the following forms:
2023/11/06
Committee: ECON
Amendment 325 #

2023/0112(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 2 – subparagraph 3
For the purposes of the first subparagraph, point (d), the relevant competent authority shall quantify the losses that the institution or entity has incurred or is likely to incur. That quantification shall be based, as a minimum, on the institution or entity’s balance sheet, provided that the balance sheet complies with the applicable accounting rules and standards, aasset quality reviews conducted by the European Central Bank, EBA or national authorities, or, where appropriate, on on-site inspections confirmducted by an independentthe competent authority. Where such external auditor, andcises cannot be undertaken in due time, wthere available, o competent authority can basset quality reviews conducted by the European Central Bank, EBA or national authorities, or, where appropriate, on on- site inspectione its evaluation on the institution or entity’s balance sheet, provided that the balance sheet complies with the applicable accounting rules and standards, as conductfirmed by the competent authorityan independent external auditor.
2023/11/06
Committee: ECON
Amendment 430 #

2023/0112(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 55 – point a
Directive 2014/59/EU
Article 108 – paragraph 1 – introductory part
1. Member States shall ensure that in their national laws governing normal insolvency proceedings the following have the same priority ranking, which is higher than the ranking provided for the claims of ordinary unsecured creditors:
2023/11/06
Committee: ECON
Amendment 463 #

2023/0112(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 56
Directive 2014/59/EU
Article 109
(56) [...]deleted
2023/11/06
Committee: ECON
Amendment 60 #

2023/0111(COD)

Proposal for a regulation
Recital 2
(2) Several years into its implementation, the Union resolution framework as currently applicable does not deliver as intended with respect to some of those objectives. In particular, while institutions and entities have made significant progress towards resolvability and have dedicated significant resources to that end, in particular through the build-up of the loss absorption and recapitalisation capacity and the filling-up of resolution financing arrangements, the Union resolution framework is seldom resorted to. Failures of certain smaller and medium- sized institutions and entities are instead mostly addressed through unharmonised national measures. Taxpayer money is used rather than resolution financing arrangements. That situation appears to arise from inadequate incentives. Those inadequate incentives result from the interplay of the Union resolution framework with national rules, whereby the broad discretion in the public interest assessment is not always exercised in a way that reflects how the Union resolution framework was intended to apply. At the same time, the Union resolution framework saw little use due to the risks for depositors of deposit-funded institutions to bear losses to ensure that those institutions can access external funding in resolution, in particular in the absence of other bail-inable liabilities. Finally, the fact that there are less stringent rules on access to funding outside resolution than in resolution has discouraged the application of the Union resolution framework in favour of other solutions, which often entail the use of taxpayers’ money instead of the own resources of the institution or entity or industry-funded safety nets. That situation in turn generates risks of fragmentation, risks of suboptimal outcomes in managing institutions and entities’ failures, in particular in the case of smaller and medium-sized institutions and entities, and opportunity costs from unused financial resources. It is therefore necessary to ensure a more effective and coherent application of the Union resolution framework and to ensure that it can be applied whenever that is in the public interest, including for smaller and medium- sized institutions primarily funded through deposits and without sufficient other bail-inable liabilities.
2023/11/06
Committee: ECON
Amendment 69 #

2023/0111(COD)

Proposal for a regulation
Recital 10
(10) The level of the MREL for resolution entities is the sum of the amount of the losses expected in resolution and the recapitalisation amount that enables the resolution entity to continue to comply with its conditions for authorisation and enabling it to pursue its activities for an appropriate period. Certain preferred resolution strategies entail the transfer of assets, rights and liabilities to a recipient and market exit, in particular the sale of business tool. In those cases, the objectives pursued by the recapitalisation component might not apply to the same extent as in the case of an open-bank bail-in strategy, because the Board will not be required to ensure that the resolution entity restores compliance with its own funds requirements after resolution action. Nevertheless, the losses in such cases are expected to exceed the resolution entity’s own funds requirements. It is therefore appropriate to lay down that the level of the MREL of those resolution entities continues to include a recapitalisation amount that is adjusted in a way which is proportionate tosupports the resolution strategy.
2023/11/06
Committee: ECON
Amendment 87 #

2023/0111(COD)

Proposal for a regulation
Recital 19
(19) The assessment of whether the resolution of an institution or entity is in the public interest should also reflect, to the extent possible, the difference between, on the one hand, funding provided through industry-funded safety nets (resolution financing arrangements or deposit guarantee schemes) and, on the other hand, funding provided by Member States from taxpayers’ money. Funding provided by Member States bears a higher risk of moral hazard and a lower incentive for market discipline. Therefore, when assessing the objective of minimising reliance on extraordinary public financial support, the Board should find funding through the resolution financing arrangements or the deposit guarantee scheme, preferable to funding through an equal amount of resources from the budget of Member States.deleted
2023/11/06
Committee: ECON
Amendment 106 #

2023/0111(COD)

Proposal for a regulation
Recital 31
(31) In certain circumstances, after the Single Resolution Fund has provided a contribution up to the maximum of 5 % of the institution or entity’s total liabilities including own funds, the Board may use additional sources of funding to further support their resolution action. It should be specified more clearly in which circumstances the Single Resolution Fund may provide further support where all liabilities with a priority ranking lower than deposits that are not mandatorily or discretionarily excluded from bail-in have been written down or converted in full.
2023/11/06
Committee: ECON
Amendment 190 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EU) No 806/2014
Article 13c – paragraph 7
7. The Board shall inform the Commission, the ECB, the relevant national competent authorities and the relevant national resolution authorities and the relevant national ministries of any action taken pursuant to paragraphs 4 and 5 without delay.
2023/11/06
Committee: ECON
Amendment 191 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16
The ECB, the national competent authorities, the Board and the relevant national resolution authorities and the relevant national ministries shall closely cooperate:
2023/11/06
Committee: ECON
Amendment 193 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EU) No 806/2014
Article 14 – paragraph 2 – point c
(c) to protect public funds by minimising reliance on extraordinary public financial support, in particular when provided from the budget of a Member State;
2023/11/06
Committee: ECON
Amendment 199 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EU) No 806/2014
Article 14 – paragraph 2 – point d
(d) to protect depositors while minimising losses for deposit guarantee schemescovered by Directive 2014/49/EU, and to protect investors covered by Directive 97/9/EC;;
2023/11/06
Committee: ECON
Amendment 224 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 806/2014
Article 18 – paragraph 5 – subparagraph 2
When carrying out the assessment referred to in the first subparagraph, the Board, based on the information available to it at the time of that assessment, shall consider and compare all extraordinary public financial support that can reasonably be expected to be granted to the entity, both in the event of resolution and in the event of winding up in accordance with the applicable national law.; If liquidation aid is expected to be granted in winding up the institution according to the national law, the resolution action shall be assessed to be in the public interest.
2023/11/06
Committee: ECON
Amendment 231 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 1 – introductory part
1. Extraordinary public financial support outside of resolution action may be granted to an entity as referred to in Article 2 on an exceptional basis only in one of the following cases and provided that the extraordinary public financial support complies with the conditions and requirements established in the Union State aid framework and such support is implemented in the legislation of the Member State:
2023/11/06
Committee: ECON
Amendment 235 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 1 – point a – introductory part
(a) where, to remedy a serious disturbance in the economy of a Member State orand to preserve financial stability, the extraordinary public financial support takes any of the following forms:
2023/11/06
Committee: ECON
Amendment 243 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 1 – point d
(d) the measures are not used to offset losses that the entity has incurred or is likely to incur inover the near futurext 12 months.
2023/11/06
Committee: ECON
Amendment 249 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 3
For the purposes of the first subparagraph, point (d), the relevant competent authority shall quantify the losses that the entity has incurred or is likely to incur. That quantification shall be based, as a minimum, on the institution’s balance sheet, provided that the balance sheet complies with the applicable accounting rules and standards, as confirmed by an independent external auditor, and, where available, on asset quality reviews conducted by the ECB, EBA or national authorities orasset quality reviews conducted by the ECB, the EBA or national authorities or, where appropriate, on on-site inspections conducted by the ECB or the relevant national competent authority. Where such exercises cannot be undertaken in due time, wthere appropriate, on on- sit competent authority can base its evaluation on the inspectitutions conducted by the ECB or the relevant national competent authoritybalance sheet, provided that the balance sheet complies with the applicable accounting rules and standards, as confirmed by an independent external auditor.
2023/11/06
Committee: ECON
Amendment 261 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Regulation (EU) No 806/2014
Article 19 – paragraph 3 – subparagraph 7
The Commission mayshall issue a negative decision, addressed to the Board, where it decides that the proposed use of the Fund would be incompatible with the internal market and cannot be implemented in the form proposed by the Board. On receipt of such a decision the Board shall reconsider its resolution scheme and prepare a revised resolution scheme.;
2023/11/06
Committee: ECON
Amendment 272 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point a
Regulation (EU) No 806/2014
Article 27 – paragraph 7 – point a
(a) a contribution to loss absorption and recapitalisation equal to an amount not less than 8 % of the total liabilities including own funds of the institution under resolution, measured in accordance with the valuation provided for in Article 20(1) to (15), has been made by shareholders, the holders of relevant capital instruments and other bail-inable liabilities through reduction, write-down, or conversion pursuant to Article 48(1) of Directive 2014/59/EU and Article 21(10) of this Regulation, and by the deposit guarantee scheme pursuant to Article 79 of this Regulation and Article 109 of Directive 2014/59/EU where relevant;
2023/11/06
Committee: ECON
Amendment 278 #

2023/0111(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point b
Regulation (EU) No 806/2014
Article 27 – paragraph 9 – point b
(b) all liabilities ranking lower than deposits, and not excluded from bail-in pursuant to paragraphs 3 and 5unsecured, non-preferred liabilities other than eligible deposits, have been written down or converted in full.
2023/11/06
Committee: ECON
Amendment 1 #

2022/2196(INI)

Motion for a resolution
Citation 9 a (new)
— having regard to the Council conclusions on women, peace and security of 14 November 2022,
2023/02/15
Committee: AFET
Amendment 2 #

2022/2196(INI)

Motion for a resolution
Citation 13 a (new)
— having regard to the fourth and final Annual Review Conference of the Civilian CSDP Compact on 16 November 2022,
2023/02/15
Committee: AFET
Amendment 33 #

2022/2196(INI)

Motion for a resolution
Recital D a (new)
D a. whereas Member States are responsible for providing missions’ capability requirements, pursuant to art 42 TEU;
2023/02/15
Committee: AFET
Amendment 34 #

2022/2196(INI)

Motion for a resolution
Recital D b (new)
D b. whereas EU CSDP missions and operations are often targeted by hybrid threats, including disinformation, putting at risk their effectiveness in stabilising the country in which they are deployed;
2023/02/15
Committee: AFET
Amendment 47 #

2022/2196(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Calls on EU Member States to agree on an ambitious new Civilian CSDP Compact by mid 2023, as stipulated in the Strategic Compass, in order to renew their commitment to strengthening civilian CSDP, their shared political ownership of it and their commitment to reinforce and bridge the gaps in civilian CSDP missions;
2023/02/15
Committee: AFET
Amendment 52 #

2022/2196(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Calls on EU member states to renew their commitment to increase national contributions to civilian CSDP missions, especially in terms of human resources;
2023/02/15
Committee: AFET
Amendment 67 #

2022/2196(INI)

Motion for a resolution
Paragraph 4 – point g
g) the security-climate nexus, by mainstreaming climate change and environmental degradation, as it relates to security challenges, while taking concrete steps to reduce the footprint of the missions with the aim to achieve climate- neutrality by 2050 in line with the goals set out under the European Green Deal,
2023/02/15
Committee: AFET
Amendment 69 #

2022/2196(INI)

Motion for a resolution
Paragraph 4 – point h
h) civil-military cooperation, by promoting the rule of law and accountability, including by strengthening the justice chain and capabilities to respond effectively to security challenges;
2023/02/15
Committee: AFET
Amendment 81 #

2022/2196(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Emphasises that all EU engagements must be credible in the eyes of local and regional populations and authorities, building on close and honest cooperation with host nations, and must maintain frequent communication between mission personnel, national authorities and the broader population;
2023/02/15
Committee: AFET
Amendment 86 #

2022/2196(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Recalls that civilian missions must pay special attention to conflict dynamics, robust risk assessment and mitigation processes, and must include more impact- based monitoring and evaluation of CSDP interventions as well as more consultation and feedback mechanisms;
2023/02/15
Committee: AFET
Amendment 92 #

2022/2196(INI)

Motion for a resolution
Paragraph 6
6. Calls for the new Civilian CSDP Compact to be used to strive for the full, equal and meaningful participation of women in civilian CSDP, including, as a first step, to increase the participation of women to at least 40 % across missions and at all levels by 2024; highlights women’s significant contribution in CSDP missions and operations success and as a driver of the EU’s credibility as a proponent of equal rights for men and women worldwide; recalls the EU’s Gender Action Plan (GAP) III (2020- 2024), which requires systematic integration of a gender perspective in all EU policies and external actions including the CSDP; urges the Member States and EEAS to promote an increase in the number of women in CSDP operations, including, as a first step, to increase the participation of women to at least 40 % across missions and at all levels by 2024; calls on EU Member States to commit to gradually achieve gender parity in the appointments of heads of mission and other senior leadership positions; encourages their close cooperation with local civil society actors in promoting gender equality and gender mainstreaming where possible;
2023/02/15
Committee: AFET
Amendment 115 #

2022/2196(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Calls for the implementation of sustainable, long-term capacity building and training as part of civilian CSDP missions, where possible and required, such as “train-the-trainer” programs, in order to ensure the long-term viability and success of the missions;
2023/02/15
Committee: AFET
Amendment 121 #

2022/2196(INI)

Motion for a resolution
Paragraph 11
11. Calls for clear exit strategies for civilian missions, allowing for swifter closure of missions when operational and political objectives are met, and also when those are not met;
2023/02/15
Committee: AFET
Amendment 124 #

2022/2196(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Further welcomes the proposed creation of the Rapid Deployment Capacity (RDC); underlines the RDC’s main tasks, which will include amongst others, rescue and evacuation operations, temporary reinforcement of other missions and acting as a reserve force to secure exit; stresses in this regard the need to create contingency plans for each Civilian CSDP mission in coordination with the Military Planning and Conduct Capability (MPCC), the CPCC and the RDC in anticipation of potential emergency situations where the RDC may be required;
2023/02/15
Committee: AFET
Amendment 134 #

2022/2196(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls on EU member states to maintaining a commitment in the new compact to develop the full range of capabilities needed to undertake and sustain civilian crisis management missions, including mission support and generic capabilities, and commit to specific measures to enhance their availability for civilian CSDP missions;
2023/02/15
Committee: AFET
Amendment 136 #

2022/2196(INI)

Motion for a resolution
Paragraph 15
15. Deplores the fact that in spite of being one of the core commitments in the Compact, civilian CSDP missions persistently suffer from Member States not delivering on their pledges to provide sufficient personnel, with 10 Member States currently providing 78 % of seconded personnel, and 17 Member States only 22 %; calls on all MEU member Sstates to ensure that they provide seconded staff to fill 100 % of all opmaintain a commitment in the new compact to raise jointly the number and share of seconded personnel to at least 70% of international positions and to provide at least 60 % of the seconded staff for non-ersonnel across all missions and at all levels, while aiming for 100% seconded personnel in operational positions;
2023/02/15
Committee: AFET
Amendment 143 #

2022/2196(INI)

Motion for a resolution
Paragraph 16
16. Stresses the need to reform the human resources policy and management system, and to ensure that the working conditions in civilian CSDP missions contribute to a safer and more inclusive environment; welcomes the EEAS’s efforts to address weaknesses in the support provided to staff in missions, including the revision of the Code of Conduct, with a particular focus on human rights principles; calls on the EEAS to examine ways aimed at reducing staff turnover and vacancy rates, including amongst others, extending deployment time;
2023/02/15
Committee: AFET
Amendment 158 #

2022/2196(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Emphasises the significance of coordinated action on a Union level to effectively prevent and counter hybrid threats faced by civilian CSDP missions; welcomes the joint communication on an EU cyber defence policy, noting the importance of cyber resilience for CSDP missions and the decision to develop an EU hybrid toolbox for a coordinated response to hybrid campaigns; stresses the need to further develop the EU’s cyber- defence policy and capabilities, including the setting up of cyber rapid response teams and their expansion towards supporting civilian CSDP missions; reiterates the urgent need to develop their strategic communication capabilities including secure communication systems drawing on the EU’s secure connectivity programme;
2023/02/15
Committee: AFET
Amendment 162 #

2022/2196(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Stresses the importance of fighting adverse disinformation aimed at Civilian CSDP missions by malicious state and non-state actors; calls on the EEAS to take concrete steps to support CSDP missions through strengthening the capacities of the StratCom division and ensuring the provision of well-trained personnel at each mission, responsible for monitoring, reporting and countering disinformation where possible;
2023/02/15
Committee: AFET
Amendment 164 #

2022/2196(INI)

Motion for a resolution
Paragraph 19 c (new)
19 c. Welcomes the proposal, enshrined in the Strategic Compass, to enable a more rapid deployment of Civilian CSDP missions; underlines in this regard the stated aim to deploy up to 200 experts within 30 days; stresses therefore the need to modify decision-making procedures, including examining a shift towards qualified majority voting for certain aspects of the missions;
2023/02/15
Committee: AFET
Amendment 165 #

2022/2196(INI)

Motion for a resolution
Paragraph 19 d (new)
19 d. Calls on the EEAS to develop, together with Commission services and Member States, a structured and regular civilian capability development process by 2024;
2023/02/15
Committee: AFET
Amendment 176 #

2022/2196(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Highlights the need of ensuring a more robust and realistic CFSP budget that matches the needs of new and ongoing civilian CSDP missions and its rapid, flexible and cost-efficient use to support them, ensuring sound financial management and careful prioritisation of existing resources;
2023/02/15
Committee: AFET
Amendment 9 #

2022/2150(INI)

Motion for a resolution
Recital B
B. whereas the EU labour market has proved particularly resilient, with an additional two million people in employment, leading to a record low unemployment rate of 6.2 % in 2022; whereas according to the Commission’s autumn economic forecast the public sector was a key contributor to the increase in employment; whereas despite labour market tightness wage growth has remained moderate and has failed to keep up with inflation, implying real wage losses of, on average, 8% between Q4 2020 and Q2 2022 in the Euro Area according to ECB research13a; whereas the unemployment rate is expected to increase slightly in 2023 (6.5 %), before marginally coming down again in 2024 (6.2 %); _________________ 13a https://www.ecb.europa.eu/press/blog/date /2022/html/ecb.blog221125~d34babdf3e.e n.html
2023/01/11
Committee: ECON
Amendment 19 #

2022/2150(INI)

Motion for a resolution
Recital C a (new)
C a. whereas inflation has a differentiated impact across income groups, with low-income groups suffering proportionally more especially as inflation is mainly driven by price developments in essential goods that cannot be substituted and make up a relatively larger share of the consumption basket of low-income households; whereas such differentiated impacts cause a veritable cost-of-living crisis for parts of the population that poses challenges to social cohesion;
2023/01/11
Committee: ECON
Amendment 26 #

2022/2150(INI)

Motion for a resolution
Recital D a (new)
D a. whereas inflation and economic forecasts are operating under the conditions of heightened uncertainty, with key risks, especially to growth, continuing to be pitched to the downside; whereas such uncertainty compels the EU and Member State governments to remain vigilant and to take rapid action if risks materialise;
2023/01/11
Committee: ECON
Amendment 46 #

2022/2150(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Notes that the European Systemic Risk Board has issued a warning on 22 September 2022 calling for heightened awareness with regards to financial stability risks resulting from sharply falling asset prices; is concerned that rising mortgage rates and the deterioration in debt servicing capacity due to a decline in real household income may cause further distress for families and for financial markets;
2023/01/11
Committee: ECON
Amendment 64 #

2022/2150(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Welcomes the European Commission’s call on Member States to deliver targeted measures to offset the impact of high energy prices on vulnerable households and companies; agrees with the European Commission in stressing that such measures should maintain incentives for energy savings; recalls that Member States find themselves in starkly diverging positions regarding the fiscal space available to them; notes that this situation entails the risk of furthering divergence between Member States as the energy crisis continues;
2023/01/11
Committee: ECON
Amendment 67 #

2022/2150(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Notes the increased need for fiscal space in most Member States; underlines that in periods of increasing interest rates, Member States should also consider raising more revenues on higher earners or on industries and firms that are highly profitable; notes how a healthy balance between government revenues and expenditures is also necessary to reduce legacy debt and to build up buffers in times of economic recovery;
2023/01/11
Committee: ECON
Amendment 105 #

2022/2150(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Recalls that since 2017, some provisions in Member States’ bodies of national legislation were assessed to determine whether they facilitated aggressive tax planning and that, since 2019, six Member States received Country Specific Recommendations (CSRs) aiming at addressing features of the tax system that may facilitate aggressive tax planning; notes that those Member States made commitments in their NRRPs to reform their tax policies in order to fight aggressive tax planning; welcomes the fact that some jurisdictions already implemented some of those changes; however regrets the delays in implementation in others; regrets that, in the Recommendations of the Commission for 2022, only two Member States still received a CSR on aggressive tax planning while some have not implemented any change yet but still did not receive the Recommendation;
2023/01/11
Committee: ECON
Amendment 168 #

2022/2150(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Highlights the need for common criteria that ensure, despite more country- specific flexibility in debt reduction, that all Member States are assessed according to the same standards, are treated equally, and that policy outcomes are predictable; notes that such common criteria should include criteria for the definition of Member States’ debt reduction paths; stresses that debt reduction should be delivered in a growth-friendly way and that underlying regulatory criteria should be defined in relation to Member States’ output and expenditure growth;
2023/01/11
Committee: ECON
Amendment 1 #

2022/2145(INI)

Motion for a resolution
Citation 2 a (new)
— having regard to the Council conclusions of 19 November 2018 on the establishment of a Civilian CSDP Compact,
2022/12/01
Committee: AFET
Amendment 17 #

2022/2145(INI)

Motion for a resolution
Recital A
A. whereas the European Union has extensive experience in deploying multinational missions abroad in order to promote peace, security and progress in Europe and in the world; whereas these common security and defence policy (CSDP) missions regularly operate alongside and complement missions of the Member States, United Nations, international organisations and third countries; whereas the simultaneous presence of various actors as well as missions and operations in one conflict area underlines the importance of coordination and division of labour with a view to improving coherence and effectiveness of efforts;
2022/12/01
Committee: AFET
Amendment 32 #

2022/2145(INI)

Motion for a resolution
Recital B
B. whereas CSDP missions regularly depend on the effective performance of third-party missions, reliable cooperation, timely information sharing and sincere host nation support and ownership; whereas the lack of any of these can jeopardise the implementation of a CSDP mission’s mandate and could ultimately lead to the withdrawal of EU forces; whereas mandates should set clearly defined objectives for EU missions and operations, including a timetable for their attainment, as well as a comprehensive exit strategy;
2022/12/01
Committee: AFET
Amendment 41 #

2022/2145(INI)

Motion for a resolution
Recital C
C. whereas the premature termination of CSDP missions leaves populations unprotected and makes weak host nation authorities vulnerable, thereby opening up opportunities for state and non-state actors, including terrorists and extremists, and including those sponsored by our global competitors; whereas consideration for controlled phasing out of missions and operations or for transfer to other EU instruments is therefore crucial for the achievement of sustainable and comprehensive results in host countries;
2022/12/01
Committee: AFET
Amendment 49 #

2022/2145(INI)

Motion for a resolution
Recital D
D. whereas the European Union and its Member States should strive for autonomy when preparing, conducting and sustaining their CSDP missions; whereas the Union should be capable of rapidly deploying multidimensional and modular forces, swiftly reinforcing them where needed and sustaining them as long as required and without depending on third-party support;
2022/12/01
Committee: AFET
Amendment 60 #

2022/2145(INI)

Motion for a resolution
Recital G
G. whereas building capabilities and adapting them to military needs requires a common strategic culture and threat perception as well as solutions to be developed and combined in doctrine and concepts, the organisation and structure of forces, regular individual, collective and multinational training, defence materiel development, procurement and life-cycle management, military leadership development, staff recruitment and development, defence infrastructures, installations and facilities, interoperability and standardisation;
2022/12/01
Committee: AFET
Amendment 97 #

2022/2145(INI)

Motion for a resolution
Recital K
K. whereas a comprehensive approach is a prerequisite for achieving sustainable results in enhancing security and stability in conflict areas; whereas the EU’s integrated approach provides for the coherent use of different instruments at various stages of conflicts; whereas the integrated approach is also meant to prioritise prevention and promote the human security of local populations over narrow self-interests;
2022/12/01
Committee: AFET
Amendment 122 #

2022/2145(INI)

Motion for a resolution
Recital N
N. whereas Article 44 has never been used, and is ambiguous in terms of how it would work in practice in specific cases; whereas Article 44 provides for possibilities to react within an EU framework in a more rapid and flexible manner to various crises with the aim of safeguarding the Union’s values and interests;
2022/12/01
Committee: AFET
Amendment 131 #

2022/2145(INI)

Motion for a resolution
Recital P
P. whereas financing of the battlegroups has contributed towards disincentivising their use; whereas the scope of common costs for the rapid deployment capacity should therefore be extended; whereas, in line with Article 41 of the TEU, the administrative and operating expenditure for the RDC should be charged to the Union budget except for expenditure that is covered by the European Peace Facility, notwithstanding the possibility for participating Member States to make free- of-charge contributions to the RDC;
2022/12/01
Committee: AFET
Amendment 151 #

2022/2145(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the VP/HR’s proposal, enshrined in the Strategic Compass, to establish an RDC; stresses the importance of the EU having the necessary capabilities and structures to take action rapidly and decisively during crises in order to serve and protect the Union’s citizens, interests and values across the world; underlines, in this regard, the EU Threat Analysis as a starting point for shaping the RDC; calls for needs identified within the regularly updated Threat Analysis and developments in the operating environment to be taken into account in the RDC;
2022/12/01
Committee: AFET
Amendment 183 #

2022/2145(INI)

Motion for a resolution
Paragraph 2 – point b
(b) The RDC’s tasks should reflect the needs identified in the EU Threat Analysis and should include, but not be limited to, rescue and evacuation operations, initial entry and initial phase of stabilisation operations, temporary reinforcement of other missions, and acting as a reserve force to secure exit; the Council could assign further tasks as referred to under Article 44 of the TEU, and the duration and scope of the assignments should be consistent with resources allocated to the RDC;
2022/12/01
Committee: AFET
Amendment 206 #

2022/2145(INI)

Motion for a resolution
Paragraph 2 – point d
(d) The RDC should frequently simulate scenarios and hold regular joint live exercises in an EU framework and coordinated by the Military Planning and Conduct Capability to increase readiness and interoperability, following uniform training and certification standards such as those in NATO;
2022/12/01
Committee: AFET
Amendment 253 #

2022/2145(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Member States to transform the EU battlegroup system to match the needs of the RDC; calls for an extended scope of common costs for the RDC; considers that the EU battlegroups should be funded from the Union budget during their stand-up, stand-by and stand- down phases;
2022/12/01
Committee: AFET
Amendment 285 #

2022/2145(INI)

Motion for a resolution
Paragraph 5
5. Points out that the RDC should have permanent operational headquarters under the Military Planning and Conduct Capability in order to ensure its effectiveness; calls, in this regard, for the development of the MPCC into a full command and control structure, capable of planning, controlling and commanding non-executive and executive tasks and operations, as well as joint live exercises;
2022/12/01
Committee: AFET
Amendment 293 #

2022/2145(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Underlines the importance of close coordination between military and civilian structures; calls, in this regard, for coordination between the MPCC and the Civilian Planning and Conduct Capability (CPCC) in order to ensure the best synergies and sustainable results following the EU’s integrated approach to external conflicts and crises;
2022/12/01
Committee: AFET
Amendment 10 #

2022/2079(INI)

Draft opinion
Paragraph 1
1. UnderlineRegrets that the EU’s defence sector is fragmented, which creates strategic vulnerabilities for the Union, Member States and industry; is concerned about the lack of coordination and calls for more strategic cohesion in security and defence policies at Union level; welcomes, in this context, the Commission’s launch of the European Defence Industry Reinforcement through common Procurement Act (EDIRPA) and encourages the Commission and Member States to take this initiative a step further and strive towards a de facto military ugenuine European Defence Union supported by a strongly articulated common market for defence equipment, followed by a review of the Treaties for more EU competences on critical technologies for defence,and innovation in defence, and security and defence affairs;
2023/02/08
Committee: AFET
Amendment 18 #

2022/2079(INI)

Draft opinion
Paragraph 2
2. Calls on the relevant EU bodies to consolidate EU cooperative frameworks for developing cutting-edge military capabilities and for EU-level legislation to coordinate Member States’ strategies for critical technologies and to reduce dependencies; underlines, in this regard, the need to collaboratively invest in the research and development of emerging and disruptive technologies;
2023/02/08
Committee: AFET
Amendment 25 #

2022/2079(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Regrets that the combined defence research and technology (R&T) spending of Member States in 2020 amounted to only 1.2 percent of their total defence spending, far below the 2 percent benchmark agreed within the framework of the European Defence Agency;
2023/02/08
Committee: AFET
Amendment 26 #

2022/2079(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Calls on the Commission to assess the coherence and complementarity of existing EU programmes with a view to identifying support gaps and promoting synergies; calls for this assessment to be taken into account when preparing the next multiannual financial framework (MFF); calls, likewise, for increased funding opportunities for defence to be considered within the context of the upcoming MFF review;
2023/02/08
Committee: AFET
Amendment 30 #

2022/2079(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to encourage Member States to review all defence programmes and policy tools, check if they are still fit for purpose, and summarise findings; suggestconsiders that the European Defence Agency can provide light touch(EDA) is well placed to ensure the coherence of innovation activities among European actors in the defence sector; calls, in this regard, for the strengthening of its role in providing support and coordination suggestions, includ for Member States, following a strategic assessment of the findings;
2023/02/08
Committee: AFET
Amendment 41 #

2022/2079(INI)

Draft opinion
Paragraph 4
4. Calls for a more pragmatic and business-orientneeds-based approach to military research in order to provide incentives for innovation in military technology, including by reducing or removing barriers to entry into the defence market; further calls for increased support for European companies in emerging technologies to ensure they remain competitive in international markets by relaxing the rules on compliance documentation and by providing tax incentives andwith a view to stimulating investments;
2023/02/08
Committee: AFET
Amendment 42 #

2022/2079(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Underlines the need to direct investments in ways which least distort competition on the Single Market and maintain fair, open and efficient competition in defence procurement; calls, in this regard, on the Commission to ensure the full enforcement of the Procurement Directive in all Member States;
2023/02/08
Committee: AFET
Amendment 43 #

2022/2079(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Stresses the need to ensure and increase the participation of start-ups and small and medium-sized enterprises (SME) in defence initiatives; recognises the importance of support for overcoming technological, financial, administrative, regulatory and other barriers for entry to the market; calls for measures to raise awareness about EU programmes and funding opportunities and to provide support and training for facilitating market entry;
2023/02/08
Committee: AFET
Amendment 44 #

2022/2079(INI)

Draft opinion
Paragraph 5
5. Underlines the needRecognises that the lack of skills constitutes a significant challenge for sustaining and strengthening the European security and defence industries; underlines the need to take an inclusive and accessible approach in reaching out to all available workforce with a view to ensuring a continuous and sustainable supply of skills and human capital; encourages, in this regard, measures to stimulate the development of skills for innovation, research and development (R&D), and fundamental research in critical areas related to emerging technologies; calls on the Commission to encourage Member States to establish and fund defence innovation hubs;
2023/02/08
Committee: AFET
Amendment 52 #

2022/2079(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Underlines that many critical technologies for security and defence increasingly originate in the civilian sector and use dual-use components; stresses, in this regard, the need to strengthen synergies between civilian and defence research and innovation with a view to reducing strategic dependencies, facilitating the sharing of knowledge, enhancing the use of dual-use products and broadening funding opportunities;
2023/02/08
Committee: AFET
Amendment 56 #

2022/2079(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Notes that the adoption of common standards across sectors has the potential to contribute to cost savings, innovation and increased interoperability; calls, in this regard, on the Commission to accelerate work on the harmonisation of standards between civil, defence and space industries;
2023/02/08
Committee: AFET
Amendment 58 #

2022/2079(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Underlines the need for increased resource efficiency, promotion of recycling of materials, and uptake of sustainable technology solutions; calls on the Commission to accelerate work on the development and application of sustainable security and defence technologies;
2023/02/08
Committee: AFET
Amendment 59 #

2022/2079(INI)

Draft opinion
Paragraph 5 d (new)
5 d. Recognises that a secure supply of critical materials, such as rare earth materials, components, and technologies is crucial for the European security and defence industries and the EU’s ability to safeguard its interests; underlines the importance of diversifying supply chains as a means of reducing dependencies on individual third countries;
2023/02/08
Committee: AFET
Amendment 62 #

2022/2079(INI)

Draft opinion
Paragraph 6
6. Is concerned about the EU’s dependence on individual third countries, such as China, for raw materials and calls on Member States to reduce their vulnerabilities resulting from dependence on non-democratic suppliers of critical technologies and materials, to avoid the emergence of new dependencies which risk weakening security of supply, and to enhance defence production chains in Europe by localising or near-shoring production;
2023/02/08
Committee: AFET
Amendment 67 #

2022/2079(INI)

Draft opinion
Paragraph 7
7. Expresses its support for the Observatory of Critical Technologies; calls on Member States to commit and strengthen collaboration within the framework of the Observatory and for it to be further developed and for its analysis capabilities, including on reducing strategic dependencies, to be enhanced; recognises that the Observatory deals with highly sensitive and classified information; calls, in this regard, for setting up safeguards and building trust among stakeholders with a view to enabling the sharing of information and appropriate handling of data; calls on the Commission to implement a project to continuously map the need for critical materials, evaluate the EU’s strategic dependencies, monitor supply and demand and changes in the behaviour or strategy of competitors, and engage in foresight exercises to predict new needs in critical materials; urges the EU to take an active role in international cooperation forums in order to accelerate the diversification of production chains; considers that these efforts should be made jointly with our strategic partners in NATO and included in, such as those in NATO and within the framework of a Trade and Technology Council (TTC) working group in order to coordinate diplomatic efforts to secure supplies and ensure alternative sources;
2023/02/08
Committee: AFET
Amendment 79 #

2022/2079(INI)

Draft opinion
Paragraph 8
8. Calls for military and strategic interoperability and strategic alignment between the EU and like- minded partners as well as with the United States and NATO, and among Member States, to be ensured, given that the risk of fragmentation is exacerbated by different national requirements and national public spending and, investment and procurement schemes;
2023/02/08
Committee: AFET
Amendment 80 #

2022/2079(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Underlines the strategic importance of the partnership with the United States and the need to further deepen mutually beneficial cooperation in security and defence;
2023/02/08
Committee: AFET
Amendment 81 #

2022/2079(INI)

Draft opinion
Paragraph 8 b (new)
8 b. Underlines the importance of a strong transatlantic bond as reflected in the EU Strategic Compass and in the NATO Strategic Concept; welcomes the signing of the Joint Declaration on EU- NATO Cooperation on 9 January 2023; calls on the EU and NATO to maintain global technological leadership in military capabilities; welcomes the commitment of the Commission and High Representative to explore possibilities for mutually beneficial cooperation on initiatives in the field of critical technologies;
2023/02/08
Committee: AFET
Amendment 82 #

2022/2079(INI)

Draft opinion
Paragraph 8 c (new)
8 c. Considers that the EU is well placed to promote responsible activities as well as good governance and technologies globally, including through its partnerships; urges the Commission and Member States to take global leadership in developing standards that reflect and promote the Union’s interests and values;
2023/02/08
Committee: AFET
Amendment 84 #

2022/2079(INI)

Draft opinion
Paragraph 9
9. CEmphasises the need to secure and protect critical European infrastructure and ensure sufficient monitoring and surveillance; calls on the Commission to work on a plan and investment scheme in cooperation with Member States to update critical infrastructure, such as nuclear power plants, electricity grids and telecommunications infrastructure (undersea cables), for the digital age, including by adapting it to AI-assisted drone supervision and maintenance and in line with the new Directive on the resilience of critical infrastructure (CER Directive) and the Revised Directive on security of network and information systems (NIS2 Directive); subsequently calls for the elaboration of an EU R&D and manufacturing strategy for advanced drones;
2023/02/08
Committee: AFET
Amendment 90 #

2022/2079(INI)

Draft opinion
Paragraph 9 a (new)
9 a. Calls for measures to mitigate risks for companies that produce critical technologies and face acquisition by entities established in third countries; urges Member States to put in place national screening mechanisms for foreign direct investment (FDI) with potential implications for security;
2023/02/08
Committee: AFET
Amendment 91 #

2022/2079(INI)

Draft opinion
Paragraph 9 b (new)
9 b. Reiterates its call on the Commission to develop a stronger regulatory framework to the FDI Screening Regulation, including provisions on monitoring and review of takeovers of companies in sectors vital for security and defence technologies by entities under direct or indirect control of non-partner third countries;
2023/02/08
Committee: AFET
Amendment 100 #

2022/2079(INI)

Draft opinion
Paragraph 11
11. Urges the Commission and Member States to strengthen cooperation betweenamong the European Union's Defence Innovation Scheme (EUDIS), the EDA’s defence innovation hub and NATO’s Defence Innovation Accelerator for the North Atlantic (DIANA) by supporting joint projects, joint research and joint investment in cutting-edge defence technologies.;
2023/02/08
Committee: AFET
Amendment 4 #

2022/2062(INI)

Draft opinion
Paragraph 1
1. Reiterates its call for a capital increase andto allow the Bank to reinforce its support to long-term finance, inclusive sustainable growth, social and regional cohesion and support key real economy investments, which otherwise would not have taken place; stresses that the European Investment Bank (EIB) must maintain its ‘AAA’ rating and retain the confidence of the capital markets;
2023/04/03
Committee: BUDG
Amendment 9 #

2022/2062(INI)

Draft opinion
Paragraph 2
2. Welcomes the financial assistance provided to Ukraine; believes that the continued Russian war of aggression against Ukraine requires an urgent mobilisation of additional resources for the immediate recovery, as well as, longer term reconstruction of Ukraine, focusing on building back better infrastructure, such as energy, agriculture and transport infrastructure; expects the EIB to work closely with relevant partners to establish a coordinated approach to support Ukraine's long-term reconstruction; expects the EIB to provide an overview detailing how much of the support provided is new financing and how much is financing stemming from reallocations from existing programmes;
2023/04/03
Committee: BUDG
Amendment 13 #

2022/2062(INI)

Draft opinion
Paragraph 2 a (new)
2 a. In the context of a worsening economic outlook and increased global competition, expects the EIB to address constraints to EU competitiveness such as high energy prices, lack of skills and insufficient investments into innovation and new technologies;
2023/04/03
Committee: BUDG
Amendment 13 #

2022/2062(INI)

Motion for a resolution
Recital C c (new)
C c. whereas current estimates show that the EU must invest an extra EUR 350 billion a year to achieve its 2030 climate targets;
2023/03/29
Committee: ECON
Amendment 16 #

2022/2062(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Considers InvestEU an important investment tool bringing much needed investment into key areas; however, invites the EIB to assess whether the geographical distribution of financing under InvestEU is balanced;
2023/04/03
Committee: BUDG
Amendment 18 #

2022/2062(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the prices of energy commodities, food, and other raw materials have reached unprecedented high levels and continue to be the source of economic instability in the EU’s economy;
2023/03/29
Committee: ECON
Amendment 19 #

2022/2062(INI)

Motion for a resolution
Recital C b (new)
C b. whereas the EIB will support the REPowerEU Plan with an additional EUR 45 billion in loans and equity financing over the next five years;
2023/03/29
Committee: ECON
Amendment 20 #

2022/2062(INI)

Motion for a resolution
Recital C d (new)
C d. whereas a more integrated Capital Markets Union would ease the work of the EIB to unlock investment, boosting and diversifying investments in the real economy, in particular in SMEs, and triggering further cross-border equity investment and trade;
2023/03/29
Committee: ECON
Amendment 22 #

2022/2062(INI)

Draft opinion
Paragraph 3
3. AWelcomes that the Bank has already met its target to devote at least half of its resources to climate action and environmental sustainability reaching €36.5 billion in investments in 2022; awaits the review of the Climate Bank Roadmap ahead of COP28; expects full alignment with the 1.5 degree pathway, including the exclusion of blue hydrogen infrastructure and road and highway financing, and the requirement to conduct a solid assessment of less carbon-intensive alternatives and ‘Scope 3’ emissions;
2023/04/03
Committee: BUDG
Amendment 22 #

2022/2062(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Appreciates the way the EIB is constantly ready to adapt and reinvent itself in line with the constantly changing EU policy requirements while respecting its long-term goals;
2023/03/29
Committee: ECON
Amendment 23 #

2022/2062(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Notes the persistent investment gap in the EU and the increased need of countercyclical investment as the EU enters its fourth year of crisis through the pandemic and the subsequent Russian invasion of Ukraine; in this regard, welcomes the EIB’s crucial role as a main tool in the EU’s investment policy to act where private financing is missing; calls on the EIB to assure the maximum level of additionality in real economy investment with the aim of fostering sustainable growth as well as social and regional cohesion when deciding over future financing;
2023/03/29
Committee: ECON
Amendment 24 #

2022/2062(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the EIB’s investment of EUR 72.4 billion of financing in 2022 and the bank’s focus on the EU’s long-term challenges of competiveness, productivity, climate change, a just transition that leaves nobody behind, sustainability, social cohesion and digital transformation;
2023/03/29
Committee: ECON
Amendment 26 #

2022/2062(INI)

Draft opinion
Paragraph 4
4. Calls for the EIB’Welcomes the Bank's planned increase of own higher-risk projects, as detailed in the Operational Plan 2023- 2025; invites the EIB to evaluate whether its derisking architecture for green assets toshould be adapted to take account of the mixed records of commercial viability and the risks associated with public finance, with a view to improving the risk-reward ratios for projects with limited bankability1; calls on the EIB to use its derisking activities to steer private finance towards achieving a just transition. _________________ 1 D’Aprile, P., Engel, H., Helmcke, S., Hieronimus, S., Nauclér, T., Pinner, D., Van Gendt, G., Walter, D. and Witteveen, M., How the European Union could achieve net-zero emissions at net-zero cost, McKinsey & Company, December 2020.
2023/04/03
Committee: BUDG
Amendment 32 #

2022/2062(INI)

Draft opinion
Paragraph 5
5. Reiterates its call to work only with clients andthat have credible decarbonisation plans and for corporate clients, as well as, financial intermediaries thato have credible decarbonisation plans; opposesdecarbonisation plans, as soon as possible, and by 2025 at the latest; underlines that rapid, large scale investment is needed for the EU to transition to a climate neutral economy; in this context, welcomes EIB support to REPowerEU of 30 billion euros; believes, however, that the exemptions granted under the Paris Alignment for Counterparties (PATH) framework, in support of REPowerEU; calls for a halt to fossil fuel financing, must be temporary and well justified; calls on the EIB to ensure that EIB support does not become a subsidy to fossil fuel companies, which have made immense profits on the back of high energy prices; therefore, calls on the Bank to prioritise projects with non-fossil fuel companies, wherever possible; welcomes the Bank's halt to fossil fuel financing and considers that the EIB should limit to a minimum the indirect financing of fossil fuels through its support to REPowerEU;
2023/04/03
Committee: BUDG
Amendment 32 #

2022/2062(INI)

Motion for a resolution
Paragraph 4 d (new)
4 d. Reaffirms its position that the EIB can and needs to do more to address systemic deficiencies that prevent certain regions or countries from taking full advantage of EIB financial opportunities, inter alia by strengthening its efforts to expand its loan activities by providing technical assistance, capacity-building and advisory support, especially in innovation, digitalisation, infrastructure, SME support and projects aimed at generating high-quality employment, and by prioritising projects that reduce inequalities and promote social diversity and inclusion;
2023/03/29
Committee: ECON
Amendment 36 #

2022/2062(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Highlights that the security of supply of critical raw materials is crucial both for the green and digital transitions, as well as, for the defence sector and for the EU industrial base in general; emphasises a circular economy approach to critical raw materials, based on the recycling and re-use of materials, to reduce EU dependence on third countries; calls, therefore, on the EIB to invest more in the critical raw materials sector to help diversify the supply of both primary and secondary raw materials and to develop circular economy solutions, in particular R&D for alternative materials, such as bio-based materials;
2023/04/03
Committee: BUDG
Amendment 44 #

2022/2062(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Stresses that public budgets and public banks will not be able to bridge the investment gap in the energy sector alone especially when considering the deplorable fact that large EU banks are still exposed to EUR 223 billion in fossil fuel assets, and that the EU is still lagging behind its established climate goals;
2023/03/29
Committee: ECON
Amendment 45 #

2022/2062(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Notes the ongoing levels of high inflation and in this regard asks the EIB to assess the possible increased financial needs of ongoing projects;
2023/03/29
Committee: ECON
Amendment 48 #

2022/2062(INI)

Draft opinion
Paragraph 6
6. Calls on EIB Global to devise a strategy centred on development additionality, to deliver concrete positive outcomes on the ground, while ensuring additionality of EIB finance; highlights that EIB Global activities should be aligned with EU strategic interests and external policy objectives; asks the EIB to ensure a coordinated approach with other actors contributing to the European financial architecture for development, in order to deliver a stronger development impact; recalls furthermore that the successful implementation of EIB global requires an adequate level of in-house staff based on the ground, including local workers;
2023/04/03
Committee: BUDG
Amendment 50 #

2022/2062(INI)

Motion for a resolution
Paragraph 8 c (new)
8 c. Reiterates the remarks by EIB Vice President Kris Peeters that commercial banks across the EU will be prone to court cases due to failing due diligence processes and climate transition plans; calls for a level playing field and legal certainty on EU due diligence requirements through the swift adoption of the corporate sustainability due diligence directive; calls on the EIB to commit to incorporating due diligence standards to address and mitigate adverse impacts of its investment decisions on human rights and the environment;
2023/03/29
Committee: ECON
Amendment 51 #

2022/2062(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls for the EIB to ensure that investments clearly benefit recipient countries and societies, creating local jobs and alleviating poverty; believes that recipient country actors such as public authorities, civil society and private sector companies should be included in the decision-making and implementation of Global Gateway projects;
2023/04/03
Committee: BUDG
Amendment 56 #

2022/2062(INI)

Draft opinion
Paragraph 7
7. Is concerned thatNotes that allegedly the EIB has, at least once, failed to conduct a full inquiry into allegations of bribery and misuse of funds involving a financial intermediary outside the EU; calls on the EIB to reopen all such casenotes that the EIB has assessed the case three times and that the case has been referred to OLAF twice, with the case being dismissed; however, calls on the EIB to strengthen its internal mechanisms to fight fraud and corruption, and improve transparency and control over intermediated operations;
2023/04/03
Committee: BUDG
Amendment 72 #

2022/2062(INI)

Motion for a resolution
Paragraph 15
15. Highlights the fact that support to SMEs and mid-caps must be increased further from current levels, particularly in the context of high energy prices and, rising raw material costs and growing borrowing costs; stresses that SMEs often have limited administrative resources and so benefit from having financing channels that are easy to access;
2023/03/29
Committee: ECON
Amendment 73 #

2022/2062(INI)

Motion for a resolution
Paragraph 16
16. Reiterates its call on the EIB to complement efforts to build a data-driven society, with a particular focus on SMEs’ competitiveness and to focus its investment in this field towards bridging digital divides both within the EU, as well as between the EU and other technologically more advanced world regions;
2023/03/29
Committee: ECON
Amendment 77 #

2022/2062(INI)

Motion for a resolution
Paragraph 17
17. Stresses the need for the EIB to have a strong focus on start-ups and projects directed at tackling the growing problem of youth unemployment in the context of creating secure and high- quality jobs;
2023/03/29
Committee: ECON
Amendment 83 #

2022/2062(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Notes the Commission’s proposal to work with the European Investment Bank and other InvestEU implementing partners to seek ways to scale up support to investment in the net-zero industry supply chain, including via the setting up of blending operations;
2023/03/29
Committee: ECON
Amendment 103 #

2022/2062(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the introduction of the EIB’s new transport lending policy in July 2022 and calls for its swift implementation; recalls the need for a higher level of investment towards the decarbonisation of the maritime and aviation system;
2023/03/29
Committee: ECON
Amendment 105 #

2022/2062(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Asks the EIB to give particular attention when it comes to funding decisions relevant to insular and peripheral regions in view of their struggle to comply with requirements relevant to the green deal while simultaneously maintaining and increasing their connectivity with the rest of the EU;
2023/03/29
Committee: ECON
Amendment 107 #
2023/03/29
Committee: ECON
Amendment 108 #

2022/2062(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. In line with the principles established in the European Pillar of Social Rights, and in view of the current EU housing crisis, expects an increase in EIB financed operations in the area of social housing; furthermore asks the EIB to keep up its focus on women economic empowerment and gender equality when targeting new financing;
2023/03/29
Committee: ECON
Amendment 109 #

2022/2062(INI)

Motion for a resolution
Paragraph 23 c (new)
23 c. Notes the shortage in specialised labour in most of the EU and in this vein believes that the areas of education and skills are not provided the needed priority;
2023/03/29
Committee: ECON
Amendment 110 #

2022/2062(INI)

Motion for a resolution
Paragraph 23 d (new)
23 d. Is concerned about the systemic weakening of healthcare systems in many Member States of the EU and the ongoing medicine shortage in the EU which includes basic medicine such as paracetamol and antibiotics; further recalls the general scarcity of medicine products and medical equipment experienced during the COVID pandemic; in this context calls on the EIB to evaluate the possibilities to further invest in this sector with the aim to tackle the structural European deficiency in the health sector;
2023/03/29
Committee: ECON
Amendment 127 #

2022/2062(INI)

Motion for a resolution
Paragraph 26
26. Underlines that enhancing local presence and increasing cooperation with the EU delegations was a key driver in the establishment of EIB Global; reiterates its calls for additional staff on the ground, particularly in view of contracting more employees from the countries where the financing is taking place; supports the EIB’s approach to open regional offices in Africa and employ local applicants in these offices with the aim of adapting its requirements to local needs;
2023/03/29
Committee: ECON
Amendment 128 #

2022/2062(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Asks the EIB to evaluate better its effectiveness when it comes to financing for SMEs and mid-caps in Africa whereby the relatively small size of projects seems to be often a hurdle towards access to finance; calls for an evaluation of a possible design of instruments that facilitate investment by EU SMEs in third countries, and increase their access to finance, including with respect to smaller projects; notes the importance of the EIB’s role in creating a level playing field for SMEs based in Member States whose national development banks do not have the capacity to promote investment in third countries;
2023/03/29
Committee: ECON
Amendment 132 #

2022/2062(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Points out to the essential role of direct financing in countries from where the bulk of irregular migration into Europe originates in the perspective of slowing down forced economic immigration from these regions and of contributing further to the development and economic empowerment of these communities;
2023/03/29
Committee: ECON
Amendment 136 #

2022/2062(INI)

Motion for a resolution
Paragraph 29
29. Welcomes the launch of the Development Finance Institutions Transparency Index in 2023 and that fact that the associated report ranks the EIB at a similar level to peer development finance institutions in a number of areas, including financial intermediaries and environmental, social and governance and accountability to communities; calls for clear and comprehensive information to be shared with other EU institutions, the European Parliament in particular;
2023/03/29
Committee: ECON
Amendment 137 #

2022/2062(INI)

Motion for a resolution
Paragraph 30
30. Regrets the fact that women remain underrepresented in senior positions and in the core areas of activity at the EIB; recalls its position that more needs to be done to improve both its gender and geographical balance in this context;
2023/03/29
Committee: ECON
Amendment 140 #

2022/2062(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Queries whether the EIB has the needed human resources in light of the ongoing expansion of its functions and responsibilities;
2023/03/29
Committee: ECON
Amendment 141 #

2022/2062(INI)

Motion for a resolution
Paragraph 32
32. Expresses once more its serious concerns about allegations regarding harassment, the working environment and working conditions at the EIB; notes the March 2022 ruling by the General Court on a harassment case in the EIB [KF vs EIB (T-299/20)] in which the decision of the EIB President that no harassment took place was annulled; recognises that efforts have been made by the EIB to address these and other relevant staff issues; urges the EIB to ensure that a policy of zero-tolerance towards all types of harassment is effectively implemented, including preventive and protective measures and proper and reliable complaint and victim support mechanisms; urges the EIB’s management to engage in genuine dialogue with staff representatives in order to address their concerns; deplores the fact that no trade union is recognised at the EIB and that the staff delegation has no power to act in the case of negotiations; calls on the EIB management to observe at the very least core ILO values such as freedom of association and the right to collective bargaining; is concerned that the apparent dysfunctional relationship between the EIB’s management and its staff might have a negative impact on the Bank’s operations;
2023/03/29
Committee: ECON
Amendment 143 #

2022/2062(INI)

Motion for a resolution
Paragraph 33
33. Takes note of the EIB’s new anti- fraud policy and underlines the importance of inclusive cooperation when developing key anti-fraud policy tools; notwelcomes that the EIB has adopted and published the EIB Group Policy towards weakly regulated, non-transparent and non-cooperative jurisdictions and tax good governance, which is complimentary to the EIB Group Anti-Money Laundering and Combatting the Financing of Terrorism Policy;
2023/03/29
Committee: ECON
Amendment 11 #

2022/0405(COD)

Proposal for a directive
Recital 2
(2) Directive 2014/65/EU and Commission Ddelegated Directive (EU) 2017/59330 set out the conditions under which the provision of investment research by third parties to investment firms providing portfolio management or other investment or ancillary services is not to be regarded as an inducement. In order to foster more investment research on companies in the Union, in particular small and medium capitalisation companies, and to bring those companies greater visibility and more prospect of attracting potential investors, it is necessary to introduce some amendments to that Directive. __________________ 30 Commission Delegated Directive (EU) 2017/593 of 7 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to safeguarding of financial instruments and funds belonging to clients, product governance obligations and the rules applicable to the provision or reception of fees, commissions or any monetary or non-monetary benefits (OJ L 87, 31.3.2017, p. 500).
2023/07/11
Committee: ECON
Amendment 12 #

2022/0405(COD)

Proposal for a directive
Recital 3
(3) The provisions concerning research laid down in Directive 2014/65/EU require investment firms to separate payments which they receive as brokerage commissions from the compensation perceived for providing investment research (‘research unbundling rules’), or to pay for investment research from their own resources and assess the quality of the research they purchase based on robust quality criteria and the ability of such research to contribute to better investment decisions. In 2021, those rules have been amended by Directive (EU) 2021/338 of the European Parliament and of the Council31 to allow for bundled payments for execution services and research for small and medium capitalisation companies below a market capitalisation of EUR 1 billion. The decline of investment research has, however, not slowed down. __________________ 31 Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021 amending Directive 2014/65/EU as regards information requirements, product governance and position limits, and Directives 2013/36/EU and (EU) 2019/878 as regards their application to investment firms, to help the recovery from the COVID-19 crisis (OJ L 68, 26.2.2021, p. 14).deleted
2023/07/11
Committee: ECON
Amendment 14 #

2022/0405(COD)

Proposal for a directive
Recital 4
(4) In order to revitalise the market for investment research and to ensure sufficient research coverage of companies, in particular the small and medium capitalisation companies, further alleviation of the research unbundling rules are necessary. By increasing from EUR 1 billion to EUR 10 billion the threshold of companies’ market capitalisation below which the unbundling rules do not apply, more small and medium capitalisation companies, and in particular more medium capitalisation companies will benefit from a larger research coverage, bringing those companies more visibility from potential investors and thus increasing their capacity to raise funding in the markets.deleted
2023/07/11
Committee: ECON
Amendment 37 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/65/EC
Article 24 – paragraph 9 a – point c
(b) in paragraph 9a, point (c) is replaced by the following: ‘ (c) combined charges or the joint payment is made concerns issuers whose market capitalisation for the period of 36 months preceding the provision of the research did not exceed EUR 10 billion, as expressed by end-year quotes for the years when those issuers are or were listed or by the own-capital for the financial years when those issuers are or were not listed.; ’deleted the research for which the
2023/07/11
Committee: ECON
Amendment 45 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/65/EC
Article 24 – paragraph 9 a – subparagraph 2 (new)
(b) the following subparagraph is inserted after point (c): "Member States shall also ensure that the provision of research by third parties to investment firms providing portfolio management or other investment or ancillary services to clients is to be regarded as fulfilling the obligations under paragraph 1 if the research is provided by an independent research provider that is not engaged in execution services and is not part of a financial services group that includes an investment firm that offers execution or brokerage services;"
2023/07/11
Committee: ECON
Amendment 49 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 2014/65/EC
Article 24 – paragraph 9 b (new)
(b a) the following paragraph is inserted: “9b. ESMA shall organise a procedure for the establishment of a voluntary EU-wide research marketplace focusing on research into small, medium-sized companies and Initial Public Offerings (IPOs). The research marketplace would be funded by a levy on participating firms and would fund independent research on small, medium-sized companies and Initial Public Offerings (IPOs). Research offered through the research marketplace would be commissioned from independent research providers and financed by the levy and shared among contributing firms. Following a consultation with industry stakeholders, ESMA shall develop draft regulatory technical standards setting out the conditions for establishment of a voluntary EU-wide research marketplace on SME research, including at least the following elements: (a) the conditions for joining the research marketplace; (b) the governance principles; (c) the funding arrangements; (d) the research coverage of the research marketplace. ESMA shall submit those draft regulatory technical standards to the Commission by [18 months after the date of entry into force of this Directive]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the second subparagraph in accordance with Articles to 14 of Regulation (EU) No 1095/2010.”
2023/07/11
Committee: ECON
Amendment 110 #

2022/0219(COD)

Proposal for a regulation
Recital 15
(15) The Instrument is cohershould be consistent with existing collaborative EU defence-related initiatives such as in the European Defence Fund as well as the Permanent Structured Cooperation (PESCO), and generates synergies with other EU programmes. The Instrument is fully coherent with the ambition of the Strategic Compass. Likewise, the Instrument should contribute to a competitive, open and efficient European defence market by aligning with existing Union legislation in the field, notably, Directive 2009/81/EC on procurement in the fields of defence and security.
2023/02/13
Committee: AFETITRE
Amendment 146 #

2022/0219(COD)

Proposal for a regulation
Recital 21
(21) To generate the incentive effect, the level of Union contribution may be differentiated based on factors such as (a) the complexity of the common procurement, for which a proportion of the anticipated size of the procurement contract, based on experience gained in similar actions, may serve as an initial proxy, (b) the characteristics of the cooperation, such as joint usage, stockpiling, ownership or maintenance, which are likely to induce stronger interoperability outcomes and long-term investment signals to industry, and (c) the number of participating Member States or associated countries or the inclusion of additional Member States or associated countries to existing cooperations, and (d) the contribution of the action to supporting participation of small and medium-sized enterprises (SMEs) and middle capitalisation companies (mid- caps) in common procurement.
2023/02/13
Committee: AFETITRE
Amendment 19 #

2022/0212(BUD)

Motion for a resolution
Citation 13 a (new)
— having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget,
2022/09/29
Committee: BUDG
Amendment 27 #

2022/0212(BUD)

Motion for a resolution
Paragraph 2
2. Stresses that the Union faces an extraordinarily complex set of challenges, including the direct and indirect repercussions of the war inRussia's war of aggression against Ukraine, high inflation, high energy prices and security of supply risks, and a worsening economic outlook, in particular for households and small and medium enterprises (SMEs), the need to secure the recovery from the pandemic, crises in many other parts of the world, technological change, including increasing digitalisation, as well as climate change and its consequences; considers that the Union budget should contribute to tackling those challenges, while expressing concern at the exceptionally limited margins, which are about one third of last year’s, or, in the case of Heading 6, the lack of margin, and the limited flexibility built into the budget; deplores the fact that the draft budget is an insufficient response to the current challenges; recalls that the EU budget is primarily an investment budget and that the multiannual financial framework (MFF) was not established to address a pandemic, a war, high inflation, high energy prices, high numbers of refugees, new accessions, food insecurity, and a humanitarian crisis;
2022/09/29
Committee: BUDG
Amendment 55 #

2022/0212(BUD)

Motion for a resolution
Paragraph 7 a (new)
7 a. Underlines the importance of gender mainstreaming and gender- responsive budgeting in ensuring that the EU lives up to its commitments of promoting gender equality in all its activities; notes the Commission's work on a new methodology to measure the gender impact of Union spending; calls for an extension of the methodology to all MFF programmes in order to demonstrate results for the 2023 budget; stresses, in this regard, the need for systematic collection and analysis of gender-disaggregated data;
2022/09/29
Committee: BUDG
Amendment 68 #

2022/0212(BUD)

Motion for a resolution
Paragraph 11
11. Recalls that the Connecting Europe Facility (CEF) is key to spurring investment in the development of high performance and sustainable trans- European networks, such as new and better roads, cross-border railways, as well as ports and airports, which serve to improve the competitiveness of the Union; stresses that CEF plays a crucial role in decarbonising the Union economy by supporting alternative fuel infrastructure and renewable energy, thereby accelerating the green transition and increasing the Union’s energy independence, and promotes interconnectivity across the Union territory, including with the Iberian peninsula and with remote, sparsely populated regions; underlines that Russia's unprecedented and unprovoked military attack against Ukraine calls for urgent support to transport infrastructure in and towards Ukraine (“solidarity lanes”), to enable the transport of critical goods in both directions; proposes, therefore, to increase the funding of the Transport and Energy strands of CEF by a total amount of EUR 90 million in commitment appropriations above the level of the DB;
2022/09/29
Committee: BUDG
Amendment 71 #

2022/0212(BUD)

Motion for a resolution
Paragraph 12
12. Stresses that a well-functioning Single Market is at the heart of Union competitiveness; underlines the importance of preserving and adapting it, without endangering its integrity and the level playing field within sectors, particularly with a view to state aid rules, in a context of numerous challenges; calls on the Commission to make the necessary proposals, including in the frame of the amending letter, to bridge any possible gap between the entry into force of the Digital Services Act and the recovery of the supervisory fees;
2022/09/29
Committee: BUDG
Amendment 105 #

2022/0212(BUD)

Motion for a resolution
Paragraph 25
25. Underlines the importance of protecting the Union budget against fraud, corruption and other prohibited conduct, which adversely affect the EU and national budgets; stresses, in this regard, the central role that the European Public Prosecutor’s Office (EPPO) plays in protecting the Union’s financial interests, including with respect to the use of NextGenerationEU funds, and ensuring compliance with the rule of law; decides, therefore, to apply targeted reinforcements to the EPPO and increase its staffing levels to allow the body to fulfil its mandate; calls on all the Member States to join the EPPO and reinforce efforts against fraud, corruption, money laundering and organised crime in order to ensure a better protection of the Union financial interests; recalls the importance of compliance with the general regime of conditionality for the protection of the Union budget;
2022/09/29
Committee: BUDG
Amendment 108 #

2022/0212(BUD)

Motion for a resolution
Paragraph 27
27. Expresses its grave concerns about the impact of the Russian war in Ukraine and its economic fallout as well as of the extreme weather events on production and distribution in the agricultural sector and food markets; underlines, in this regard, the strategic role of the agricultural sector in ensuring food security; recalls that 2023 is the first year of the new common agricultural policy that will support Union farmers; believes that the crisis situation justifies the partial mobilisation of the new agricultural reserve by a minimum of EUR 10 million for young farmers; calls on the Commission to prepare pertinent exceptional measures in line with the relevant provisions in the basic act and to increase, as relevant, the amount to be mobilised;
2022/09/29
Committee: BUDG
Amendment 130 #

2022/0212(BUD)

Motion for a resolution
Paragraph 39
39. Underlines the importance of enhancing European cooperation in defence matters taking into account the Russian war of aggression in Ukraine and the highly unstable international environment; considers that such cooperation not only makes Europe and its citizens safer but also leads to greater efficiency and potential savings; calls in that connection for increased funding for the capability development strand of the European Defence Fund in order to foster an innovative and competitive defence industrial base that will contribute to the strategic autonomy of the Union; underlines the central role and added value generated by small and medium- sized enterprises (SMEs) in strengthening the European defence technological and industrial base;
2022/09/29
Committee: BUDG
Amendment 133 #

2022/0212(BUD)

Motion for a resolution
Paragraph 40
40. Proposes also to increase funding for military mobility with the aim of helping Member States act faster and more effectively; notes, in this regard, the central role played by the Connecting Europe Facility (CEF) in supporting military mobility, while simultaneously improving European civilian infrastructure; notes that sufficient funding is needed to support missions and operations under the common security and defence policy, including by measures such as funding dual-use transport infrastructure and simplifying diplomatic clearances and customs rules; notes that military mobility could also be boosted by the urgent accession to the Schengen Area of Romania, Bulgaria and Croatia; recalls that the failure to resolve that matter has a detrimental economic and geostrategic impact;
2022/09/29
Committee: BUDG
Amendment 152 #

2022/0212(BUD)

Motion for a resolution
Paragraph 49 a (new)
49 a. Emphasises that Ukraine will have significant external financing needs in 2023 and considers that the Union should treat those evolving needs as a priority during the financial year; underlines that the Union should take a leading role in making available sufficient and predictable support to Ukraine together with international partners;
2022/09/29
Committee: BUDG
Amendment 163 #

2022/0212(BUD)

Motion for a resolution
Paragraph 55 a (new)
55 a. Considers that in times where EU citizens face dramatic rises on their daily life cost, the Union institutions should demonstrate solidarity, notably in relation with energy consumption; advocates that the European Parliament, as their sole directly elected representation body at the Union level, should lead by example in this perspective; believes that the total amount of heated or cooled square meters of the Union buildings correspond to those of a middle size city, and that as such, it should provide the efforts these cities are considering at the moment; requests the Bureau to seek and find ways to make further savings in the EP budget, and trigger the launch of an exchange of good practices between governing bodies of EU institutions in revising their multi annual spending strategies, for instance in the field of Building projects where the Commission considers combining its buying and renovating plans with the selling of a wide range of its offices buildings, taking stock of the lessons learnt in terms of new ways of working, developed throughout the peak periods of the pandemic; considers that the EU institutions should inspire their energy consumption policies from those of local authorities surrounding its facilities, like Brussels region to limit in time outside and inside public buildings lightening;
2022/09/29
Committee: BUDG
Amendment 164 #

2022/0212(BUD)

Motion for a resolution
Paragraph 55 a (new)
55 a. Considers that inflation and increasing energy prices have put immense pressure on Parliament's budget; considers that additional investments, beyond the surging fixed costs, should therefore only be made when strictly necessary and where adequate results cannot be achieved through reprioritisation of resources; believes that, for the same reasons, Parliament's staffing should be kept at a consistent level;
2022/09/29
Committee: BUDG
Amendment 176 #

2022/0212(BUD)

Motion for a resolution
Paragraph 58 – point f
(f) askrecalls the Bureau to make known its decision on the future of the Spaak building in Brusselshat proper information and consultation with BUDG committee before adopting any major decision on building related issues is needed due to their important budgetary implications; asks the Bureau to explore savings opportunities and to totally reconsider the project on the future of the Spaak building in Brussels and to oppose the acquisition of Osmose building in Strasbourg;
2022/09/29
Committee: BUDG
Amendment 635 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long- term viability of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type with due account taken to all the 17 sustainable development goals, in particular the “Affordable and clean energy” (no7) socio-economic (no 8), the “climate action” (13) goals, the “life under water” (14) and “Life on land” (15) goals;
2023/01/26
Committee: ENVI
Amendment 662 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 10
(10) ‘local administrative unit’ or ‘LAU’ means a low-level administrative division of a Member State below that of a province, region or state,"urban centres" and "urban clusters" means territorial units classified using grid-based typology established in accordance with Article 4b.2 of Regulation (ECV) No 1059/2003 of the European Parliament and of the Council109 ; _________________ 109 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).; (This amendment applies throughout the text.)
2023/01/26
Committee: ENVI
Amendment 664 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘cities’ means LAUs where at least 50 % of the population lives in one or more urban centres, measured using the degree of urbanisation established in accordance with Article 4b.3, point (a), of Regulation (EC) No 1059/2003;deleted
2023/01/26
Committee: ENVI
Amendment 665 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12
(12) ‘towns and suburbs’ means LAUs where less than 50 % of the population lives in an urban centre, but at least 50 % of the population lives in an urban cluster, measured using the degree of urbanisation established in accordance with Article 4b.3, point (a) of Regulation (EC) No 1059/2003;deleted
2023/01/26
Committee: ENVI
Amendment 669 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘urban green space’ means all gtreen urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas - as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council110 ; _________________ 110 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).s, bushes, shrubs, permanent herbaceous vegetation, lichens and mosses - as found within urban centres and urban clusters;
2023/01/26
Committee: ENVI
Amendment 706 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050. When justified by a Member State, the restoration target set for a habitat group by 2030 can be achieved by restoring respective share within another habitats group.
2023/01/26
Committee: ENVI
Amendment 770 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall, unless shown otherwise by 2030, be considered as not being in good condition.
2023/01/26
Committee: ENVI
Amendment 795 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall ensure that there is no permanent net deterioration of areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate.
2023/01/26
Committee: ENVI
Amendment 807 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Member States shall ensure that there is no permanent net deterioration in areas where the habitat types listed in Annex I occur do not deteriorate.
2023/01/26
Committee: ENVI
Amendment 1169 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States shall ensure that there is no net loss of urban green space, and of urban tree canopy cover, by 2030, compared to 2021, in all cities and in towns and suburbsurban centres and clusters where urban green space falls below 50 percent .
2023/01/26
Committee: ENVI
Amendment 1183 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburburban centres and urban clusters of at least 3 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 5 % by 2050 where urban green space falls below 50 percent. In addition Member States shall ensure:
2023/01/26
Committee: ENVI
Amendment 1192 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) a minimum of 10 % and no net loss in urban tree canopy cover in all cities and in towns and suburburban centres and urban clusters by 2050; and
2023/01/26
Committee: ENVI
Amendment 1209 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals, in all cities and in towns and suburburban centres and urban clusters.
2023/01/26
Committee: ENVI
Amendment 1210 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
(ba) The Commission shall adopt implementing acts to establish a method for monitoring urban green space and urban tree canopy cover. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).
2023/01/26
Committee: ENVI
Amendment 1218 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3 (new)
The non-fulfilment of the obligations set out in paragraphs 1 to 2 is justified if caused by a project of overriding public interest and crucial for speeding up the green transition for which no less damaging alternative solutions are available, to be determined on a case by case basis;
2023/01/26
Committee: ENVI
Amendment 1287 #

2022/0195(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States shall reverse the decline of pollinator populations by 2030 at the latest and achieve thereafter an increasing trend of pollinator populations, measured every three years after 2030, until satisfactory levelsand resilient levels and pollinator diversity are achieved, as set out in accordance with Article 11(3).
2023/01/26
Committee: ENVI
Amendment 1490 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Member States shall define and select indicators that best describe forest biodiversity trends at national level and for which there is attainable data and achieve an increasing trend at national level of each offor example the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
2023/01/26
Committee: ENVI
Amendment 1616 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change;
2023/01/26
Committee: ENVI
Amendment 1798 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c
(c) an indication of the measures to ensure that there is no permanent net deterioration in the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that there is no permanent net deterioration in habitats of the species referred to in Articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6);
2023/01/26
Committee: ENVI
Amendment 1806 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d
(d) an indication of the measures to ensure that there is no permanent net deterioration the areas covered by habitat types listed in Annexes I and II do not deteriorate, in accordance with Article 4(7) and Article 5(7);
2023/01/26
Committee: ENVI
Amendment 2009 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) the area of urban green space and tree canopy cover in cities and towns and suburburban centres and urban clusters, as referred to in Article 6;
2023/01/26
Committee: ENVI
Amendment 2294 #

2022/0195(COD)

Proposal for a regulation
Annex VI – row 4Text proposed by the Commission
Share of forests Description: This indicator refers to the share of forest land with uneven-aged with uneven-aged structure in forests as compared to even-aged structure in forests. structure Unit: Percent forest land with uneven-aged structure. Methodology: as developed and used by FOREST EUROPE, State of Europe’s Forests 2020, FOREST EUROPE 2020, and in the description of national forest inventories in Tomppo E. et al., National Forest Inventories, Pathways for Common Reporting, Springer, 2010.
2023/01/27
Committee: ENVI
Amendment 61 #

2022/0167(COD)

Proposal for a directive
Recital 3
(3) An effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime, and property suspected to be of criminal origin. Such proceeds, instrumentalities, and property should be frozen in order to prevent its disappearance, following which it should be confiscated upon conclusion of criminal proceedings. An effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the State or for the restitution for victims. As such, the reuse of confiscated assets for the compensation and support of victims of crime and for affected communities has the potential to build resilience and thereby prevent further organised crime.
2023/03/02
Committee: BUDG
Amendment 62 #

2022/0167(COD)

Proposal for a directive
Recital 5
(5) Therefore, the existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. To that end, the Directive should lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights. The term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. It also covers other types of orders issued without a final conviction. Proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For this purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve management of frozen and confiscated property, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system. Likewise, reinforcing the capacity of competent authorities requires Member States to guarantee sufficient human and financial resources for carrying out tasks laid down in the Directive. Herein, the additional revenue generated by measures enhancing the asset recovery system may serve as a means to cover costs incurred in connection with obligations under the Directive, and thereby support its effective implementation across the Union.
2023/03/02
Committee: BUDG
Amendment 67 #

2022/0167(COD)

(6) Moreover, the adoption of unprecedented and far-reaching Union restrictive measures triggered by the Russian invasion into Ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual Union restrictive measures across the Union. While not criminal in nature, nor requiring criminal conduct as a pre-condition for their imposition, Union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures, and should thus benefit from strengthened capabilities in the context of identification and tracing of property. For such purpose, rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures, and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. Measures related to freezing and confiscation under this Directive, notably those under Chapters III and IV, remain however limited to situations where property stems from criminal activities, such as the violation of Union restrictive measures. This Directive does not regulate the freezing of funds and economic resources under Union restrictive measures. In that regard, a legal regime should be established to enable the confiscation of private and state-owned Russian assets frozen by the EU in response to Russia’s war of aggression against Ukraine and their subsequent use for the reconstruction of Ukraine.
2023/03/02
Committee: BUDG
Amendment 70 #

2022/0167(COD)

Proposal for a directive
Recital 7
(7) Measures aiming at increasing capabilities of tracing and identification of relevant property in relation to persons or entities subject to Union restrictive measures, as well as complementary measures to ensure that such property is not transferred or hidden to evade Union restrictive measures, contribute to the prevention and detection of possible violation of Union restrictive measures and enhanced cross-border cooperation in investigations into possible criminal offences. For such purposes, increased efforts for preventing the evasion of Union restrictive measures should be explored, including through the establishment of joint sanctions enforcement structures, with a view to supporting Member States in the implementation of Union restrictive measures.
2023/03/02
Committee: BUDG
Amendment 72 #

2022/0167(COD)

Proposal for a directive
Recital 11
(11) [In order to ensure the effective implementation of Union restrictive measures, it is necessary to extend the scope of the Directive toSimilarly, the violation of Union restrictive measures is most notably motivated by considerations of financial gain. While generating profits, the circumvention of restrictive measures enables the continued use of frozen assets in ways which undermine the objectives of those restrictive measures. In order to ensure the effective implementation of Union restrictive measures, their violation should be included in the scope of the Directive in so far as they constitute criminal offences within the meaning of Directive (EU) [.../...] [Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures].
2023/03/02
Committee: BUDG
Amendment 73 #

2022/0167(COD)

Proposal for a directive
Recital 11 a (new)
(11 a) In addition to requiring the adoption of Union restrictive measures, the Russian war of aggression against Ukraine has made crucial the mobilisation of substantial resources for the reconstruction of Ukraine. The revised rules on asset recovery and confiscation, and their application to the criminal offence of the violation of Union restrictive measures, should thus be leveraged for contributing to the reconstruction effort in Ukraine. As such, the monetary value of all assets confiscated from criminal activities within the meaning of Directive (EU) [.../...] [Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures] and which are in violation of Union restrictive measures adopted against Russia in response to its war of aggression against Ukraine, should be made available for use in the reconstruction of Ukraine and in compensation to the Ukrainian population.
2023/03/02
Committee: BUDG
Amendment 83 #

2022/0167(COD)

Proposal for a directive
Recital 47 a (new)
(47 a) The Commission is invited to carry out an ex-ante impact assessment on how the net proceeds resulting from the liquidation of assets confiscated or recovered by Member States pursuant to this Directive could be made available to the Union budget as an own resource, in accordance with Article 311 TFEU, while at the same time safeguarding the capacity of Member States to effectively implement the Directive and measures aimed at compensation and support for victims of crime.
2023/03/02
Committee: BUDG
Amendment 84 #

2022/0167(COD)

Proposal for a directive
Recital 47 b (new)
(47 b) The Commission assessment should detail how such a new own resource could support Union priorities and the adequate financing of Union expenditure, while reducing the share of GNI-based contributions in the financing of the Union’s budget and facilitating efficiency gains compared to national spending.
2023/03/02
Committee: BUDG
Amendment 92 #

2022/0167(COD)

Proposal for a directive
Article 17 – paragraph 2
2. Member States shall consider taking measures allowing confiscated property to be used for public interest or social purposes, in particular for victim compensation and support.
2023/03/02
Committee: BUDG
Amendment 93 #

2022/0167(COD)

Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1 (new)
Member States shall make the monetary value of assets confiscated or recovered from criminal activities falling within the meaning of Directive (EU) [.../...] [Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures] and which are in violation of Union restrictive measures adopted against Russia in response to its war of aggression against Ukraine available for use in the reconstruction of Ukraine.
2023/03/02
Committee: BUDG
Amendment 96 #

2022/0167(COD)

Proposal for a directive
Article 17 – paragraph 2 a (new)
2 a. Such proceeds shall be assigned in the form of external assigned revenue allocated to EU programmes under Heading 6 of the Union’ budget, or other EU programmes, and shall be used to support building and rebuilding of the infrastructure in Ukraine, as well as to provide compensation to Ukrainian victims of the war.
2023/03/02
Committee: BUDG
Amendment 27 #

2022/0164(COD)

Proposal for a regulation
Recital 1
(1) Since the adoption of Regulation (EU) 2021/241 of the European Parliament and of the Council establishing the Recovery and Resilience Facility,3 unprecedented geopolitical events, i.e. Russia's unprovoked and illegal military invasion of Ukraine, and their direct and indirect socio-economic consequences have considerably affected the Union’s society and economy. In particular, it has become clearer than ever that the Union’s energy security and independence from fossil fuels is indispensable for a successful, sustainable and inclusive recovery from the COVID-19 crisis, as it is also a major factor contributing to the resilience of the European economy. __________________ 3 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
2022/09/29
Committee: BUDGECON
Amendment 44 #

2022/0164(COD)

Proposal for a regulation
Recital 3
(3) The Versailles Declaration of 10-11 March 2022 of the Heads of States and Governments invited the Commission to propose by the end of May a REPowerEU plan to phase out the dependency on Russian fossil fuel imports, which was subsequently reiterated in the European Council Conclusions of 24-25 March 2022. This should be done well before 2030 in a way that is consistent with the EU’s Green Deal and the climate objectives for 2030 and 2050 as well as the Paris agreement- compatible greenhouse gas budget enshrined in the European Climate Law. Regulation (EU) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies, in particular by expanding renewable energy production and phasing out fossil fuels, thereby strengthening the strategic autonomy of the Union alongside an open economy. Support should also be given to reforms and investments increasing the energy efficiency of the Member States’ economies.
2022/09/29
Committee: BUDGECON
Amendment 281 #

2022/0164(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
Regulation (EU) 2021/2115
Article 81a – paragraph 1
(1) Member States submitting to the Commission a recovery and resilience plan containing a REPowerEU chapter in accordance with Regulation (EU) 2021/241 of the European Parliament and of the Council may allocate, in the proposal for a CAP Strategic Plan referred to in Article 118 or in the request for amendment of a CAP Strategic Plan referred to in Article 119, up to 127.5% of its initial allocation for the EAFRD to the Recovery and Resilience Facility.
2022/09/29
Committee: BUDGECON
Amendment 1 #

2021/2252(INI)

Draft opinion
Paragraph 1
1. Welcomes the Council’s conclusions on enhancing the European Financial Architecture for Development and underlines the key role of the ‘Neighbourhood, Development and International Cooperation Instrument – Global Europe‘, the European Fund for Sustainable Development Plus (EFSD+) and the External Action Guarantee in providing a strategic framework for blended finance and guarantees and in mobilising resources from the private sector with the support of the EU budget, especially in light of increasing geopolitical and economic competition; highlights that the new Financial Architecture should support the EU’s strategic interests on the global stage, with values, such as democracy, rule of law, gender equality and human rights as underlying principles; calls on all actors to ensure operations outside the Union are aligned with EU external policy objectives and contribute to achieving the EU’s policy priorities;
2022/04/27
Committee: BUDG
Amendment 3 #

2021/2252(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Notes that the EU is the largest donor in the world; highlights, in this regard, the need to increase the visibility and awareness of the Union’s and Member States’ development actions; encourages all actors relevant to the Financial Architecture to step up their joint engagement in public communication;
2022/04/27
Committee: BUDG
Amendment 4 #

2021/2252(INI)

Draft opinion
Paragraph 2
2. StresRecognises that despite somesome progress and recent improvements, have been made, but notes that the current status quo is still characterised by a lack of coordination, fragmentation, duplication and continued competition between the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD) and European development and finance institutions; underlines the needcalls for further efforts to make the current system more efficient, collaborative and visible, and focused ton ensureing an optimal use of resources, a better return on EU taxpayers’ money and a stronger development impact; calls, in this regard, for the strengthening of cooperation among key partners, notably the European Commission, the EIB, the EBRD, European development finance institutions, national development agencies and Member States, leveraging their respective geographical, sectoral and financial expertise, resources and value- added, to achieve greater efficiency and transformational development impact; considers cooperation with non-EU development banks and stakeholders also important and calls for increased engagement with other international financial institutions;
2022/04/27
Committee: BUDG
Amendment 8 #

2021/2252(INI)

Draft opinion
Paragraph 3
3. RecognisStresses the importance of targeting investments to the most vulnerable regions where the needs are greatest, in particular least developed countries (LDCs) and fragile or conflict- affected countries; welcomes that the European 3. Financial Architecture for Development is mainly focused on least developed and fragile countries, particularly in sub- Saharan Africa; underlines that development finance must be accompanied by coherent measures in other policy domains, which are crucial for LDCs, notably trade, climate, and agriculture; recalls, however, that a considerable share of investments is channelled also to the Western Balkans and the Eastern and Southern Neighbourhood, and; underlines the need to provide funding to deal with new challenges and support new priorities in these regions; calls on the Commission, the EIB, the EBRD and European development and finance institutions to work on action plans for the reconstruction of Ukraine as soon as it is re-established as a sovereign and independent country after the warnotes, in this context, that the Russian Federation’s illegal, unprovoked and unjustified military aggression against Ukraine has considerably impacted the development landscape and the economic and security situation in the EU and its neighbourhood; expects a share of the Global Europe cushion to be used to address these unforeseen circumstances; calls on the Commission, the EIB, the EBRD and European development and finance institutions to work on action plans for the reconstruction of Ukraine as soon as it is re-established as a sovereign and independent country after the war; recognises furthermore that Russia’s war against Ukraine has increased energy and food prices, exacerbating humanitarian needs especially in low-income countries in sub- Saharan Africa; underlines the urgency of responding to those needs with further funding;
2022/04/27
Committee: BUDG
Amendment 10 #

2021/2252(INI)

Draft opinion
Paragraph 4
4. Calls on the EIB, the EBRD and European development and finance institutions to strengthen their cooperation within the EFSD+ open architecture by taking a Team Europe approach; stresses the need for greater specialisation and a better division of labour to ensure synergies and complementaritie defined as a single framework of action, combining their resources with those of all EU institutions and Member States, to provide short and long-term support; underlines that the Financial Architecture should be open, collaborative and inclusive, and enable the participation of all interested development finance actors, including smaller and medium-sized actors; calls, in this regard, on the Commission to simplify access to financing and provide capacity- building and support in pillar assessment applications for smaller development banks and financial institutions; stresses the need for greater specialisation and a better division of labour to ensure synergies and complementarities; encourages European development actors and financing institutions to draw more extensively on EU delegations when building pipelines of investment projects; underlines the need to move away from the current project-based approach towards sector-based programming involving all relevant stakeholders from the start, including the private investors, to increasesector and civil society, to increase transparency, leverage and impact;
2022/04/27
Committee: BUDG
Amendment 14 #

2021/2252(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses that local ownership and a collaborative and inclusive approach is needed, underpinned by a strong framework for systematic local consultations of stakeholders and beneficiaries, to achieve a lasting development impact; asks the Commission to assess how the framework for systematic local consultations of stakeholders and beneficiaries could be further improved;
2022/04/27
Committee: BUDG
Amendment 15 #

2021/2252(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Underlines the importance of the Sustainable Development Goals (SDG) and the Paris Agreement; stresses that gender-responsive investment, involving women, enhances the effectiveness and sustainability of development policies; calls on the Commission, the EIB, the EBRD and European development finance institutions to ensure their advisory and technical assistance is equipped to advance gender equality and inclusive development, notably by employing gender specialists;
2022/04/27
Committee: BUDG
Amendment 16 #

2021/2252(INI)

Draft opinion
Paragraph 4 c (new)
4 c. Recognises the expertise of the EBRD and the members of the Association of bilateral European Development Finance Institutions (EDFI) in leveraging and crowding-in private sector capital; considers blended finance an option in the development finance toolbox and recognises the usefulness of these instruments in complementing public investment in a constrained budgetary context; stresses however the risk of missing the target of supporting development of LDCs or fragile or conflict-affected regions, where projects would be less profitable or where budgetary constraints would be so strong that the initial public contribution would not be provided; acknowledges the continued relevance of grant-focused aid in these contexts; calls for careful assessments when channelling blended finance to LDCs, namely with a view to limiting debt burdens and introducing safeguards to preserve the role of public sector entities in delivering services; considers therefore that blended finance rules should be set according to the different development contexts, allowing flexibility in the balance of the blended elements;
2022/04/27
Committee: BUDG
Amendment 17 #

2021/2252(INI)

Draft opinion
Paragraph 4 d (new)
4 d. Stresses, furthermore, that increasing private sector involvement brings risks and challenges due to the involvement of a variety of implementation partners and the resulting long chain of actors between funder and end beneficiary; calls, therefore, on all EU development finance actors to ensure funds are channelled only to partners that embrace EU values and policy priorities, follow stringent tax, transparency, environmental and social standards and demonstrate a willingness to support development impacts, as opposed to primarily seeking profit maximisation in vulnerable contexts;
2022/04/27
Committee: BUDG
Amendment 19 #

2021/2252(INI)

Draft opinion
Paragraph 5
5. Reaffirms the privileged role of the EIB as the EU’s investment arm and welcomes the recent creation of its development branch, EIB Global; underlines that local presence is key for successful financing operations and calls on the EIB to strengthen its presence in the field while exploiting possible synergies with EU delegations, the EBRD and other European development and finance institutions;
2022/04/27
Committee: BUDG
Amendment 21 #

2021/2252(INI)

Draft opinion
Paragraph 6
6. Highlights the need for a stronger policy steer from the Commission, with the Western Balkans’ Investment Framework serving as a possible model in this regard; calls on the Commission to use its existing resources in terms of banking expertise and its financial and technical capacities more effectivelystresses the importance of an adequate risk management framework, effective management and oversight of the implementation of development finance instruments; calls on the Commission to use its existing resources in terms of banking expertise and its financial and technical capacities more effectively; invites the Commission to assess whether further specialised financial expertise is required for the policy steering function, effective engagement with DFIs and oversight of guarantees and complex blended finance instruments;
2022/04/27
Committee: BUDG
Amendment 22 #

2021/2252(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Notes that EUR 280 billion out of the EUR 300 billion of investments announced under the Global Gateway initiative are not covered by the EU budget, including EUR 135 billion from EFSD+ and EUR 145 billion from European financial and development finance institutions; notes therefore that the initiative depends heavily on its capacity to leverage funds on the capital markets, which will not be immediately delivered; regrets that no information is disclosed so far regarding the NDICI amounts to be dedicated to the Global Gateway under the external action guarantee;
2022/04/27
Committee: BUDG
Amendment 24 #

2021/2252(INI)

6 b. Expects the additional EUR 750 million amount announced to be made available in annual tranches until 2027 to be detailed by the European Commission ahead of the annual budgetary procedures concerned;
2022/04/27
Committee: BUDG
Amendment 25 #

2021/2252(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Reminds that the NDICI regulation provides for a financial cushion of EUR 9.53 billion, which should be limited to financing new initiatives, priorities or emerging challenges; stresses that the cushion should not cover projects already agreed under the Global Gateway initiative; considers, therefore, that additional appropriations should be dedicated to the initiative above the limited ceiling for Heading 6;
2022/04/27
Committee: BUDG
Amendment 26 #

2021/2252(INI)

Draft opinion
Paragraph 7
7. Recognises the importance of encouraging riskier investments in more challenging development settings, such as fragile or conflict-affected countries, and underserved sectors such as the climate, biodiversity and health sectors; underlines, at the same time, the need to preserve the high credit rating of the EIB and to fully protect the EU budget from any associated risks, such as increased demand on the EU budgetary guarantees as well as increased risk of misuse of funds through fraud or corruption; invites the Commission and the EIB to engage in a more granular country-by-country risk assessment for adjusting gradually the EU budgetary guarantees to the adequate levels to cope with current challenges; calls, furthermore, for increased transparency of development operations carried out by financial intermediaries with a view to ensuring control over funds and mitigating the risk of corruption, notably by disclosing final beneficiaries and making the granting of direct and indirect loans subject both to publication by the beneficiaries of tax and accounting data country by country and to the sharing of beneficial ownership data on the beneficiaries and financial intermediaries involved in financing operations;
2022/04/27
Committee: BUDG
Amendment 30 #

2021/2252(INI)

Draft opinion
Paragraph 8
8. Highlights the need to increase the transparency of the current framework, including the programming and reporting processes, and for Parliament to be more heavily involved to enhance democratic accountability and scrutiny; underlines the importance of carrying out an independent evaluation of the EFSD+ and the Team Europe approach in due time to assess their effectiveness and performance., performance and development impact; underlines the need to ensure the EFSD+ facilitates learning about best practices concerning sector- and region-specific projects;
2022/04/27
Committee: BUDG
Amendment 31 #

2021/2252(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Underlines that obtaining relevant, consistent and comparable information in a timely manner is essential for measuring progress and actual results, and in identifying whether EU development finance has been effective and additional; regrets the absence of a unified reporting and results measurement framework for EFSD+ with comparable indicators; encourages the Commission to develop such a framework to enable harmonised results management; invites the Commission to update the European Parliament on the content and implementation of this framework;
2022/04/27
Committee: BUDG
Amendment 35 #

2021/2252(INI)

Draft opinion
Paragraph 8 b (new)
8 b. Looks forward to the ECA special report on Programming of development aid, assessing whether EU development aid for 2021-2027 has been allocated according to a well-defined strategy; stresses the importance of assessing the additionality of blended finance to determine the effectiveness of these instruments in achieving development results and EU values based policy objectives; invites the ECA to consider making such an assessment;
2022/04/27
Committee: BUDG
Amendment 116 #

2021/2251(INI)

Motion for a resolution
Paragraph 9
9. Is concerned, however, that only seven Member States have requested loans amounting to a total of EUR 166 billion out of the EUR 385.8 billion available for loans, leaving a considerable amount available should Member States require loans at a later stage; is preoccupied that the limited interest for the loan component may lead to lost opportunities and prevent the RRF from reaching its full potential; considers that, in order to maximise the efficiency of available funds, and in the context of the new geopolitical situation, that Member States should use the loans under the RRF to advance investments into the energy transition to reduce their dependency on imported fossil fuel energy and to improve their energy security.
2022/03/21
Committee: BUDGECON
Amendment 2 #

2021/2203(INI)

Motion for a resolution
Citation 24 a (new)
— having regard to the EIB Group Operational Plan 2022- 2024, published on 27 January 2022,
2022/03/24
Committee: BUDG
Amendment 3 #

2021/2203(INI)

Motion for a resolution
Citation 25 a (new)
— having regard to the EIB's Ukraine Solidarity Urgent Response, adopted on 4 March 2022,
2022/03/24
Committee: BUDG
Amendment 4 #

2021/2203(INI)

Motion for a resolution
Citation 30 a (new)
— having regard to the Commission communication of 8 March 2022 entitled ‘REPowerEU: Joint European Action for more affordable, secure and sustainable energy’ (COM(2022)108),
2022/03/24
Committee: BUDG
Amendment 14 #

2021/2203(INI)

Motion for a resolution
Recital A a (new)
A a. whereas the coronavirus pandemic was a severe global economic shock; whereas the EU recovery was underway;
2022/03/24
Committee: BUDG
Amendment 16 #

2021/2203(INI)

Motion for a resolution
Recital A b (new)
A b. whereas Russia attacked Ukraine on 24 February 2022, creating a humanitarian crisis in Ukraine and fundamentally impacting the economic and security situation in the EU and its neighbourhood; whereas the war has created further economic shocks;
2022/03/24
Committee: BUDG
Amendment 20 #

2021/2203(INI)

Motion for a resolution
Paragraph 1
1. Takes note of the Investment Report 2021/2022 and the EIB Group Operational Plan 2022-2024; welcomes the focus on the EU’s long-term challenges of climate change, social cohesion and digital transformation; underlines, however, that the illegal Russian war in Ukraine has created a humanitarian crisis in Ukraine and fundamentally impacted the economic and security situation in the EU and its neighbourhood, which needs to be reflected in the EIB's activities and investment plans;
2022/03/24
Committee: BUDG
Amendment 24 #

2021/2203(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Welcomes in this regard, the EIB's Ukraine Solidarity Urgent Response package totalling €668 million, and the rapid disbursement of funds; highlights the importance of coordinated efforts in the response to the Ukraine crisis; believes that the EIB will also play an important role in the reconstruction efforts, which can begin immediately after the war ends;
2022/03/24
Committee: BUDG
Amendment 25 #

2021/2203(INI)

1 b. Notes that the EIB ceased its operations in Russia following the illegal annexation of Crimea in 2014; expects the EIB furthermore to halt the involvement of any Russian direct or indirect partners involved in investment projects;
2022/03/24
Committee: BUDG
Amendment 28 #

2021/2203(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Member States as shareholders for an increase in the EIB’s capitalisation to enable more long-term loans and innovative instruments to finance projects with great potential for sustainability, social and innovation gains while maintaining its actual high credit rating level;
2022/03/24
Committee: BUDG
Amendment 35 #

2021/2203(INI)

Motion for a resolution
Paragraph 4
4. Applauds the timeliness of the European Guarantee Fund to help mitigate the negative social and economic impacts of the COVID-19 pandemic; regrets however, the lack of transparency around the Fund; notes that without transparency regarding its final beneficiaries, it is difficult to draw conclusions about the Fund's impact on the European economy; calls, therefore, for a thorough assessment of the Fund, evaluating to what extent the EIB's involvement brought added-value and to what extent the Fund delivered on its objectives; calls for the assessment to be made public;
2022/03/24
Committee: BUDG
Amendment 42 #

2021/2203(INI)

Motion for a resolution
Subheading 1 a (new)
Energy security
2022/03/24
Committee: BUDG
Amendment 46 #

2021/2203(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Welcomes the EIB's increasing investments into energy rising from 10 billion euros in 2018 to over14 billion euros in 2021, in Europe; in light of the recent geopolitical developments, calls on the EIB to speed up and increase investments into EU energy security, namely, investments into energy storage, renewable energy, energy efficiency and electricity grids, in order to reduce the EU's dependence on imported fossil fuels;
2022/03/24
Committee: BUDG
Amendment 48 #

2021/2203(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Notes that enhancing EU energy security is compatible with the EIB's role as a climate bank, as well as, the aim to reduce energy poverty, which is becoming especially acute due to rapidly rising energy and fuel prices; notes that the current high energy prices also impact SMEs and may have a negative impact on their competitiveness; invites the EIB to consider if current levels of support for SMEs is enough in the context of high energy prices and rising costs of other raw materials;
2022/03/24
Committee: BUDG
Amendment 55 #

2021/2203(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the fact that 43 % of lending in 2021 was climate and environment related and applauds the intention to meet the climate lending target in 2022; underlines that the climate transition must be inclusive and fair; calls, in this regard, on the EIB to leverage its lending, financial instruments, technical assistance and advisory services to support people and regions facing socioeconomic challenges deriving from the transition towards a carbon-neutral economy; stresses that the Climate Bank Roadmap (CBR) alone is not enough to ensure alignment with the objective of the Paris Agreement of limiting global warming to 1.5°C; calls for an immediate halt to carbon markets and offsetting and and ensuring a just transition; calls for all action plans for the implementation of the CBR to be made public;
2022/03/24
Committee: BUDG
Amendment 70 #

2021/2203(INI)

Motion for a resolution
Paragraph 10
10. Expresses, in view of the upcoming review of the energy lending policy, its full support for the statement of President Hoyer: ‘We believe that we have a mission to concentrate on sustainability and achieving the Paris goals with the means of a long-term investor institution.[...] Therefore I don’t see a change in our energy lending policy’; calls for the EIB to retain the possibility to apply stricter criteria than the EU taxonomy and finance fossil-free energy only, and in particular to exclude financing for so- called low-carbon gas, especially for district heating, grey or blue hydrogen and forest biomassnotes, however, that the exclusion of gas does not allow the EIB to participate in PCIs or in additional gas diversification or storage investments in the EU, as called for by the Commission in the REPowerEU Communication; notes that there is an on-going debate regarding the EU taxonomy and financing fossil-based energy;
2022/03/24
Committee: BUDG
Amendment 79 #

2021/2203(INI)

Motion for a resolution
Paragraph 11
11. Regrets the delays in the transport lending policy review; expects a proposal fully aligned with the 1.5°C target of the Paris Agreement; expects no new loans to be granted that hinder transportsupport the decarbonisation orf transport and the transition towards zero emission mobility;
2022/03/24
Committee: BUDG
Amendment 86 #

2021/2203(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the updated ESSF standard 4 and calls for its diligent implementation; welcomes the efforts made to strengthen biodiversity risk assessment and due diligence; is concerned, however, at the use of outdated dataexpects the data used to be up to date; expects the EIB to comply with Articles 11 and 191 TFUE and to stop disbursing funds, and, if necessary, withdraw them, if there is evidence or a serious risk of adverse impacts is formally established;
2022/03/24
Committee: BUDG
Amendment 88 #

2021/2203(INI)

Motion for a resolution
Paragraph 13
13. Acknowledges the challenges and progress achieved during the implementation of the Natural Capital Financing Facility; calls for an independent public evaluation embedded in a broader assessment of supporting ecosystem and biodiversity restoration;
2022/03/24
Committee: BUDG
Amendment 94 #

2021/2203(INI)

Motion for a resolution
Paragraph 14
14. Calls for the EIB to only supportNotes that Ukraine and Russia are major producers of food crops including wheat, corn and barley; notes that the war has severely impacted the Ukrainian agriculture sector; notes further that Russia and Belarus are major producers of fertilisers; regrets that the war may have major spill over effects on cross- border supply chains, food and fertiliser prices and food security in the EU and globally; Calls for the EIB to support food security and sustainable agriculture and natural resource management projects that respect planetary boundaries; calls for a ban on supporting all forms of industrial farming and farming practices that do not comply with established animal welfare standards in existing EU legislation;
2022/03/24
Committee: BUDG
Amendment 99 #

2021/2203(INI)

Motion for a resolution
Subheading 4
Social responsibility, health and gender
2022/03/24
Committee: BUDG
Amendment 100 #

2021/2203(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the inclusion of labour rights in ESSF standard 8; regrets, however, its non-binding nature as regards supply-chain workers; calls on the EIB to ensure that labour rights are better accounted for in its operations through the inclusion of contractual clauses requiring promoters to assess labour risks;
2022/03/24
Committee: BUDG
Amendment 107 #

2021/2203(INI)

Motion for a resolution
Paragraph 16
16. Calls on the EIB to collectsystematically collect and make publicly available gender- disaggregated data; urges the EIB to assess the gender impact of projects inside and outside the EU, and to report on the results of its assessments;
2022/03/24
Committee: BUDG
Amendment 109 #

2021/2203(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Stresses that the coronavirus pandemic has put economic and social cohesion under unprecedented strain, resulting in rising inequalities across the EU and globally; notes that the Ukraine war has created an additional economic shock; underlines that high inflation as well as rising energy costs, fuel costs and food prices disproportionately affect the most disadvantaged households in society; calls, in this regard, on the EIB to contribute towards supporting an inclusive recovery in the post-pandemic context through investments in the social sector, including energy efficient social housing, education, health, and skills;
2022/03/24
Committee: BUDG
Amendment 111 #

2021/2203(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Notes that the coronavirus pandemic has disproportionately affected women; highlights the need to step up lending to female-led SMEs to promote a gender equal recovery;
2022/03/24
Committee: BUDG
Amendment 112 #

2021/2203(INI)

Motion for a resolution
Paragraph 16 c (new)
16 c. Underlines the role of the EIB in contributing to the fulfilment of European priorities; expects the Bank to support projects that deliver on the implementation of the European Pillar of Social Rights, the Sustainable Development Goals and the social recommendations identified in the country specific recommendations under the European Semester;
2022/03/24
Committee: BUDG
Amendment 113 #

2021/2203(INI)

Motion for a resolution
Paragraph 16 d (new)
16 d. Welcomes that the EIB has played a key role in supporting the EU’s response to the health crisis resulting from the coronavirus pandemic; calls on the EIB to continue investments into curbing the long-term negative impacts of the pandemic and enhancing preparedness for future pandemics, notably though investments in public healthcare systems, as well as, research such as vaccine development;
2022/03/24
Committee: BUDG
Amendment 114 #

2021/2203(INI)

Motion for a resolution
Paragraph 16 e (new)
16 e. Calls on the EIB to attach greater importance to projects supporting the acquisition of skills required in a modern knowledge-based economy, in particular, for employees in sectors requiring significant adjustment and requalification; acknowledges that a skilled workforce can promote further investment into the EU;
2022/03/24
Committee: BUDG
Amendment 115 #

2021/2203(INI)

Motion for a resolution
Paragraph 16 f (new)
16 f. Welcomes the EIB's commitment to invest in social and affordable housing as part of its urban lending; calls for the EIB to ensure projects contribute to improving energy efficiency, thereby tackling energy poverty and supporting the just transition towards a carbon- neutral economy;
2022/03/24
Committee: BUDG
Amendment 116 #

2021/2203(INI)

Motion for a resolution
Paragraph 16 g (new)
16 g. Notes that the coronavirus pandemic has had negative impacts on children’s education and well-being across the globe; welcomes the EIB’s investment in education, as it helps to fight poverty and inequalities, boosts economic growth and improves gender equality; reiterates its call on the EIB to increase its investment in education to help mitigate the severe impacts of the coronavirus crisis on education systems globally;
2022/03/24
Committee: BUDG
Amendment 121 #

2021/2203(INI)

Motion for a resolution
Paragraph 17
17. Expresses its support for EIB Global; expects full alignment of investments in non-EU countries with intra-EU lending and EU external action policies; calls for public consultation on the strategies linked to EIB Global with a particular focus on the role of recipient countries and specific chapters on human rights due diligence;
2022/03/24
Committee: BUDG
Amendment 123 #

2021/2203(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Acknowledges that the EIB can play a key role in supporting the EU’s strategic interests on the global stage, notably as an implementing partner in the Global Gateway initiative; calls on the EIB to ensure its operations outside the Union contribute to achieving the EU’s policy priorities;
2022/03/24
Committee: BUDG
Amendment 128 #

2021/2203(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. Regrets the lack of information available on EIB Global, notably as regards to its concrete financing plans and policy orientations;
2022/03/24
Committee: BUDG
Amendment 129 #

2021/2203(INI)

Motion for a resolution
Paragraph 17 c (new)
17 c. Stresses the importance of coherence, additionality and efficiency of development finance; calls, in this regard, on the EIB to strengthen cooperation with key partners, notably European development finance institutions, national development agencies, the European Commission and Member States, and the European Bank for Reconstruction and Development; calls on the EIB to facilitate the participation of smaller development finance actors in its operations;
2022/03/24
Committee: BUDG
Amendment 130 #

2021/2203(INI)

Motion for a resolution
Paragraph 17 d (new)
17 d. Underlines the importance of private sector development in achieving tangible and lasting development impacts; calls, in this regard, on the EIB to place greater emphasis on additionality and crowding in of private investment and domestic resource mobilisation in less developed countries;
2022/03/24
Committee: BUDG
Amendment 131 #

2021/2203(INI)

Motion for a resolution
Paragraph 17 e (new)
17 e. Underlines that local presence is a prerequisite for successful financing operations; notes the EIB’s intention to increase its presence on the ground by establishing hubs and representative offices outside of the Union; calls on the EIB to deepen relationships with EU delegations, increase the number of staff on the ground and strengthen their technical skills, including expertise on human rights and gender equality; expects a concrete human resources plan in the course of 2022 for the implementation of EIB global;
2022/03/24
Committee: BUDG
Amendment 132 #

2021/2203(INI)

Motion for a resolution
Paragraph 17 f (new)
17 f. Underlines that development investments which involve women and take their needs into account are more effective and sustainable; calls on the EIB to ensure its advisory and technical assistance is equipped to advance gender equality and inclusive development, notably by employing gender specialists;
2022/03/24
Committee: BUDG
Amendment 135 #

2021/2203(INI)

Motion for a resolution
Paragraph 18
18. Regrets that the new ESSF includes no significant improvement in human rights protection or procedures to prevent human rights violations; calls for this to be addressed in the statement on human rights; is very concerned that in some cases, the EIB has continued to disburse loans despite clearexpresses its concern about allegations regarding human rights abuses in connection to projects financed by the EIB; expects the EIB to through its internal and external assessment procedures to determine whether it has been the case; reiterates its calls on the EIB to strengthen its human rights abusespolicy;
2022/03/24
Committee: BUDG
Amendment 148 #

2021/2203(INI)

Motion for a resolution
Paragraph 19
19. Is very concerned by the decline of transparency at the EIB:, namely the decline in publicly available project information; in 2010, 96.1 % of all projects were published three weeks before Board approval, falling to only 60 % in 2020; calls for more transparency and accountability, also towards EU institutions, in particular Parliament;
2022/03/24
Committee: BUDG
Amendment 152 #

2021/2203(INI)

Motion for a resolution
Paragraph 20
20. ConsiderNotes the new transparency policy (TP) a major setbackdopted in November 2021 and welcomes the commitment to publish Additionality Impact Statements of EIB operations describing how the EIB delivers additionality and the commitment to publish calendars of the regular meetings of the Board of Directors, Management Committee and Audit Committee, but considers the review a missed opportunity on some other aspects; regrets that the EIB has totally ignored Parliament’s very clear demands to improve its TP in line with other financial institutions’ best practices and standards; calls for the TP to be aligned with that of the European Bank for Reconstruction and Development on mandatory disclosure for intermediaries of projects with high environmental risks;
2022/03/24
Committee: BUDG
Amendment 161 #

2021/2203(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Underlines that decisions related to the disbursement of public funds must be bound by the highest ethical standards, including independence, transparency and accountability; calls on the EIB to commit to reinforcing its transparency culture by further strengthening ethical interest representation, notably, by introducing a transparency register requiring the Bank’s vice-presidents to disclose their meetings with interest representatives;
2022/03/24
Committee: BUDG
Amendment 163 #

2021/2203(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Underlines that high levels of transparency and accountability must also apply to the new EIB Global branch; calls, in this regard, for the timely publication of the agendas and minutes of meetings of its new Advisory Board;
2022/03/24
Committee: BUDG
Amendment 164 #

2021/2203(INI)

Motion for a resolution
Paragraph 23
23. Expresses serious concerns at the lack of social dialogue at the EIB, in particular to address concerns about harassment allegations and the working environment; urges the EIB management to engage in genuine dialogue with staff in order to address their concerns and to foster trust and a culture of accountability; encourages the Bank to launch surveys and consultations across its staff;
2022/03/24
Committee: BUDG
Amendment 167 #

2021/2203(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Welcomes the fact that the EIB will review and revise its Strategy on Gender Equality and Women’s Economic Empowerment; calls on the EIB to take this opportunity to promote an inclusive workplace and set ambitious targets to increase the total percentage of women in senior positions; expects the EIB to take a participatory approach with a view of bringing about change in the Bank's culture;
2022/03/24
Committee: BUDG
Amendment 169 #

2021/2203(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Notes that women make up 52 percent of the EIB workforce; welcomes the progress made in terms of gender balance at the EIB, with an increase of women in management, senior executive and executive level positions to 30, 35 and 45 percent respectively in 2021; regrets, however, that the EIB failed to meet its original targets for 2021 and that women remain underrepresented in senior positions at the EIB; calls, therefore, on the EIB to step up its efforts to improve gender balance across all levels of the organisation;
2022/03/24
Committee: BUDG
Amendment 175 #

2021/2203(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Notes that 68 percent of incoming allegations of fraud, corruption, terrorist financing and money laundering or other misuse of funds related to EIB projects in 2020 involved activities outside the EU; expects the EIB to ensure the Group’s resources are used for their intended purposes and achieve their intended results; calls on the EIB to urgently strengthen mechanisms to fight fraud, corruption and other prohibited conduct, especially in the context of the new EIB initiative increasing its presence outside the Union; urges the EIB to expand its cooperation with national authorities in partner countries;
2022/03/24
Committee: BUDG
Amendment 185 #

2021/2203(INI)

Motion for a resolution
Paragraph 27
27. Is very concerned that, at least once, the EIB disbursed funding despite a very clear EIB Complaints Mechanism report concluding thatExpresses its concern about allegations of the EIB continuing the disbursement of funding despite its environmental and social standards hadving been breached; calls for any such project to be halted immediatelyon the EIB to ensure that standards are upheld throughout the entire project cycle and to take corrective action in cases of incompliance;
2022/03/24
Committee: BUDG
Amendment 187 #

2021/2203(INI)

Motion for a resolution
Paragraph 28
28. Welcomes the working arrangement with the European Public Prosecutor’s Office and calls for its full and diligent implementation, in particular as regards reporting; calls on the EIB to enhance its cooperation the European Anti-Fraud Office (OLAF);
2022/03/24
Committee: BUDG
Amendment 189 #

2021/2203(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Welcomes the signing of a Working Arrangement between the EIB and Europol on 29 October 2021, which seeks to facilitate the sharing of information and expertise in the fight against fraud and corruption; expects it to be fully implemented;
2022/03/24
Committee: BUDG
Amendment 191 #

2021/2203(INI)

Motion for a resolution
Paragraph 28 b (new)
28 b. Notes that resources mobilised to support businesses, employees and economic growth during the coronavirus pandemic have been an attractive target for fraud and corruption, as underlined in the EIB Fraud Investigations Activity Report 2020; calls on the EIB to ensure that resources released by it reach their intended beneficiaries and are not diverted by prohibited conduct;
2022/03/24
Committee: BUDG
Amendment 192 #

2021/2203(INI)

Motion for a resolution
Paragraph 28 c (new)
28 c. Underlines that international cooperation is key in combating fraud, corruption and other prohibited conduct effectively; calls on the EIB to refer suspected prohibited conduct to authorities within and outside the EU for further investigation and criminal prosecution, and provide assistance as requested;
2022/03/24
Committee: BUDG
Amendment 193 #

2021/2203(INI)

Motion for a resolution
Paragraph 28 d (new)
28 d. Takes note of the revised July 2021 Anti-Money laundering and combatting the Financing of Terrorism (AML-CFT) Policy of the EIB; expects the EIB to align it with the evolving EU AML-CFT regulatory framework and practices to allow the Bank to effectively prevent involvement in prohibited conduct and to take corrective action, notably by exclusion of entities, recovery of funds and other contractual and legal remedies;
2022/03/24
Committee: BUDG
Amendment 194 #

2021/2203(INI)

Motion for a resolution
Paragraph 28 e (new)
28 e. Calls on the EIB to subject the granting of direct and indirect loans to publication of tax and accounting data country by country by the beneficiaries and to the sharing of beneficial ownership data on the beneficiaries and financial intermediaries involved in financing operations by integrating a specific clause in contracts with its clients;
2022/03/24
Committee: BUDG
Amendment 195 #

2021/2203(INI)

Motion for a resolution
Paragraph 28 f (new)
28 f. Calls on the EIB Group to align its policy towards weakly regulated, non- transparent and non-cooperative jurisdictions and tax good governance with evolving European and international regulatory developments in the area of tax integrity as well as tax good governance standards and policies;
2022/03/24
Committee: BUDG
Amendment 19 #

2021/2162(INI)

Motion for a resolution
Paragraph 2
2. Believes that the revision should seek to modernise the rules applicable to the EU budget in line with its latest evolutions and in line with the budgetary principles, to strengthen the performance of spending with a view to achieving greater European added-value, and to increase parliamentary oversight, democratic accountability and the ability to respond to citizens’ needs;
2021/10/06
Committee: BUDGCONT
Amendment 26 #

2021/2162(INI)

Motion for a resolution
Paragraph 3
3. Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements and simplifications, in particular where they increase transparency and democratic scrutiny, as well as performance of EU spending;
2021/10/06
Committee: BUDGCONT
Amendment 67 #

2021/2162(INI)

9. Emphasises the clear link between respect for the rule of law and the efficient implementation of the Union budget in accordance with the principles of sound financial management: economy, efficiency and effectiveness, as laid down in the Financial Regulation; underlines that sound financial management is based on the effective pursuit of cases of fraud, including tax fraud, tax evasion, corruption and conflicts of interest, as well as the judicial review of public authorities' decisions by independent courts; recalls that, upon adoption of the Conditionality Regulation, Parliament, the Council and the Commission agreed to consider including the content of the Conditionality Regulation into the Financial Regulation upon its next revision; calls on the Commission to examine possibilities to strengthen coherence between the two instruments;
2021/10/06
Committee: BUDGCONT
Amendment 106 #

2021/2162(INI)

Motion for a resolution
Paragraph 14
14. Insists that gender mainstreaming be better reflected in the drafting and implementation of the budget, including through targeted incentives; calls for the systematic and comprehensive collection of gender-disaggregated data in the context of all EU policies and programmes in order to measure the impact on gender equality, while avoiding any unnecessary administrative burden; expects the Commission to develop a methodology to measure the relevant expenditure at programme level in the MFF 2021-2027, in line with the IIA; calls on the Commission to integrate gender mainstreaming and gender budgeting in the relevant provisions of the Financial Regulation;
2021/10/06
Committee: BUDGCONT
Amendment 108 #

2021/2162(INI)

Motion for a resolution
Subheading 4 a (new)
Climate Mainstreaming
2021/10/06
Committee: BUDGCONT
Amendment 109 #

2021/2162(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Reiterates the Union’s commitment of spending at least 30 percent of resources available under the 2021-2027 MFF and NextGenerationEU on addressing the climate challenge, as set out in the IIA; expects the Commission to develop a robust methodology for tracking climate spending and its performance, and to consistently apply it across all policy areas; calls on the Commission to integrate climate mainstreaming and tracking in the relevant provisions of the Financial Regulation with a view to ensure the Union budget is climate proof;
2021/10/06
Committee: BUDGCONT
Amendment 5 #

2021/2097(INI)

Motion for a resolution
Citation 27 a (new)
— having regard to the EU Tax Observatory's study "Revenue effects of the global minimum tax: country-by- country estimates"18a _________________ 18aEU Tax Observatory, 2021, "Revenue Effects of the Global Minimum Tax: Country-by-Country Estimates"
2021/11/25
Committee: ECON
Amendment 6 #

2021/2097(INI)

Motion for a resolution
Citation 27 b (new)
— having regards to the study ‘New forms of tax competition in the European Union: An empirical investigation’ published by the EU Tax Observatory on November 22 2021,
2021/11/25
Committee: ECON
Amendment 14 #

2021/2097(INI)

Motion for a resolution
Recital B
B. whereas some Member States have very high financial activity, notably passive income, in proportion to the size of the economy, which may be an indication that their legal system is used by multinationals for tax avoidance; whereas high flows of royalty, interest or dividend payments through a certain jurisdiction indicate that profits are being rerouted with the sole purpose of reducing the tax burden;
2021/11/25
Committee: ECON
Amendment 18 #

2021/2097(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the EU Tax Observatory has estimated that the implementation of the G20/OECD agreement's Pillar II will lead to an immediate gain of EUR 63.9 billion in tax revenues for the 27 Member States;
2021/11/25
Committee: ECON
Amendment 26 #

2021/2097(INI)

Motion for a resolution
Recital E
E. whereas complex refund procedures increase the administrative burden for cross-border investments and may create an obstacle to market integratmarket fragmentation, thus representing an obstacle to the development of a proper Capital Markets Union;
2021/11/25
Committee: ECON
Amendment 30 #

2021/2097(INI)

Motion for a resolution
Recital E a (new)
E a. whereas the Commission has introduced non-binding measures to ease tax refund claim procedures in the past; whereas this is the case for the 2009 recommendation that outlined how EU Member States could simplify procedures for claiming cross-border withholding tax relief and which contained measures to eliminate the tax barriers that financial institutions faced in their securities investment activities, while at the same time protecting tax revenues against abuse; whereas, in 2017, the Commission also published a Code of Conduct which put forward new guidelines on withholding tax to help Member States reduce costs and simplify procedures for cross-border investors in the EU, whose application by Member States was voluntary;
2021/11/25
Committee: ECON
Amendment 39 #

2021/2097(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the European Commission considers that the transposition of Pillar 2 of the G20/OECD Inclusive Framework on BEPS should pave the way for agreeing the pending proposal for recasting the IRD20a _________________ 20a Communication from the Commission to the Commission to the European Parliament and the Council "Business Taxation for the 21st Century"
2021/11/25
Committee: ECON
Amendment 40 #

2021/2097(INI)

Motion for a resolution
Recital F b (new)
F b. whereas the Commission has pledged to propose a legislative initiative for introducing a common, standardised, EU-wide system for withholding tax relief at source, accompanied by an exchange of information and cooperation mechanism among tax administrations20b; whereas, in addition, the Commission has committed to assess the need for exchange of information and cooperation between tax authorities and financial markets supervisory authorities; _________________ 20bCommission Action Plan for Fair and Simple Taxation supporting the Recovery Strategy
2021/11/25
Committee: ECON
Amendment 43 #

2021/2097(INI)

Motion for a resolution
Recital F c (new)
F c. whereas in its inception impact assessment on “New EU system for the avoidance of double taxation and prevention of tax abuse in the field of withholding taxes”, the Commission outlines three options to ensure the proper functioning of the Capital Markets Union, to facilitate cross-border investment and to prevent tax abuse; whereas option 1 consists of improving withholding tax refund procedures to make them more efficient; whereas Option 2 determines the establishment of a fully-fledged common EU relief at source system; whereas Option 3 focuses on enhancing the existing administrative cooperation framework to verify entitlement to double tax convention benefits;
2021/11/25
Committee: ECON
Amendment 47 #

2021/2097(INI)

Motion for a resolution
Recital G
G. whereas the cum-ex and cum-cum schemes both involve reclaims of dividend withholding tax to which the beneficiaries were not entitled and are estimated to have imposed a total cost to taxpayers of about EUR 55 billion between 2001 and 2012 in the 11 Member States concerned; whereas new revelations in 2021 concerning these practices estimate that they have cost 10 governments, including those of Germany, Spain, France and the US, a total of €141bn;
2021/11/25
Committee: ECON
Amendment 66 #

2021/2097(INI)

Motion for a resolution
Paragraph 4
4. Is pleased that 1367 countries and jurisdictions have supported the G20/OECD Inclusive Framework agreement on a two-pillar reform; regrets the fact that one Member State is not part of the Inclusive Frameworkwelcomes the European Commission's intention to put forward a legislative proposal for the implementation of Pillar II until the end of 2021; believes that the issue of putting a floor to tax competition in the area of passive income is part of the implementation of the international deal on minimum effective taxation;
2021/11/25
Committee: ECON
Amendment 71 #

2021/2097(INI)

Motion for a resolution
Paragraph 4
4. Is pleased that 1367 countries and jurisdictions have supported the G20/OECD Inclusive Framework agreement on a two-pillar reform; regrets the fact that onewelcomes that all Members State is not part of the Inclusive Frameworks committed to such international reform and is convinced this will ease and speed up implementation;
2021/11/25
Committee: ECON
Amendment 72 #

2021/2097(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Reminds that withholding taxes can be a defensive measure that Member States take against countries mentioned in the EU list of non-cooperative jurisdictions for tax purposes; recalls its request for the Commission to put forward a legislative proposal that contemplates coordinated defensive measures against listed countries, given that discretionary application by individual Member States is undermining this toolbox; highlights that the implementation of the G20/OECD agreement, notably Pillar II, must also be taken into account;
2021/11/25
Committee: ECON
Amendment 78 #

2021/2097(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Calls on the Commission to give stronger weight to the implementation of recommendations addressing aggressive tax planning given its negative impact on tax revenues of neighbouring countries, particularly other Member States;
2021/11/25
Committee: ECON
Amendment 84 #

2021/2097(INI)

6. Calls on the Commission and the Member States to set up a harmonised withholding tax framework that ensures that all dividend, interest and royalties payments flowing out the EU are taxed at a minimum effective tax rate; recalls its previous demand on the Commission to present a legislative proposal for an EU- wide withholding tax in order to ensure that profits generated within the Union are taxed at least once before leaving it20c; _________________ 20cEuropean Parliament resolution of 6 July 2016 on tax rulings and other measures similar in nature or effect (TAXE 2), para. 26
2021/11/25
Committee: ECON
Amendment 93 #

2021/2097(INI)

Motion for a resolution
Paragraph 7
7. Recalls the proposal by 10 Member States to include an effective minimum tax rate for royalties and interest in the context of the IRD; urges the Council to swiftly resume and conclude the negotiations on the IRD and encourages the inclusion of such a measurean effective minimum tax rate on payments to third countries in the announced directive for the implementation of Pillar II;
2021/11/25
Committee: ECON
Amendment 101 #

2021/2097(INI)

Motion for a resolution
Paragraph 8
8. Notes that the lack of an effective minimum tax rate on dividend payments to non-group shareholders has triggered a race to the bottom in this field; calls for the adoption of an effective minimum tax rate for dividend payments to non-group shareholders in the EU, thereby reducing harmful tax competition in this realm;
2021/11/25
Committee: ECON
Amendment 106 #

2021/2097(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Highlights the recent attempts by the Dutch government to scrap the withholding tax on dividend payments in order to appease the Royal Dutch Shell, which is proof not only of said race to the bottom environment, but also of the leverage that multinational corporations currently hold over tax policy of sovereign countries;
2021/11/25
Committee: ECON
Amendment 110 #

2021/2097(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Encourages the Commission to review all tax treaties in force and signed by Member States with third countries to ensure compliance with new global standards; asks the Commission to release recommendations to Member States regarding their existing bilateral tax treaties to ensure that they include general anti-abuse rules;
2021/11/25
Committee: ECON
Amendment 114 #

2021/2097(INI)

Motion for a resolution
Paragraph 9
9. Recalls that in October 2018, an investigation disclosed that 11 Member States had lost up to EUR 55.2 billion in tax revenue as a result of cum-ex and cum- cum schemes, but that new estimates set the amount of loss of public revenue at much higher numbers, with these schemes continuing to take place;
2021/11/25
Committee: ECON
Amendment 117 #

2021/2097(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the inquiry and final report by the European Securities and Markets Authority into cum-ex, cum-cum and withholding tax reclaim schemes, as requested by Parliament; calls on the Commission to propose measures to link tax reclaims to the underlying distribution of dividends, or tonotably through a unique identifier, and/or by entrusting a single entity in each Member State with responsibility for collecting the withholding tax and issuing the relevant tax certificate; to ensure that multiple tax reclaims over a single distribution cannot take place and that abuse of reclaim procedures is easily detected by tax administrations;
2021/11/25
Committee: ECON
Amendment 124 #

2021/2097(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to propose measures to enhance cooperation and mutual assistance between tax authorities, financial market supervisory authorities and, where appropriate, law enforcement bodies regarding the detection and prosecution of withholding tax reclaim schemes; calls on the Commission, in particular, to propose legislation removing the current legal limitations for exchange of information between financial market supervisory authorities and tax authorities which was obtained through cooperation with other authorities within the EU, and to provide a legal basis for financial market supervisory authorities to exchange relevant information with tax authorities, notably to flag suspicious activities;
2021/11/25
Committee: ECON
Amendment 126 #

2021/2097(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Highlights the importance of ensuring that financial market supervisors are mandated to use transaction reporting data and other regulatory information they receive not only to detect market abuse and short selling violations but also to detect financial crime in a broader sense, and WHT reclaim schemes; calls on the Commission to include this mandate in forthcoming reviews of EU legislation on the regulation of financial markets;
2021/11/25
Committee: ECON
Amendment 133 #

2021/2097(INI)

Motion for a resolution
Paragraph 13
13. Recalls that Directive (EU) 2018/822 (DAC 6) introduced mandatory disclosure rules for cross-border arrangements, creating obligation on intermediaries to report potentially harmful tax arrangements; calls on the Commission to evaluate to what extent these rules have contributed to revealing harmful tax arrangements such as cum-cum and cum- ex schemes and to what extent they have had a deterrent effect;
2021/11/25
Committee: ECON
Amendment 136 #

2021/2097(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Reiterates its call for DAC 6 to be strengthened in order to require the mandatory disclosure of dividend arbitrage schemes and all information on capital gains, including the granting of dividend and capital gains tax refunds;
2021/11/25
Committee: ECON
Amendment 145 #

2021/2097(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Requires that such proposal addresses the need for a harmonised implementation that should cover tax treaties between Member States; calls on the Commission to develop an EU tax treaty model which could be used by Member States in their bilateral agreements with third countries;
2021/11/25
Committee: ECON
Amendment 152 #

2021/2097(INI)

Motion for a resolution
Paragraph 15
15. Encourages the development of a harmonised EU procedure for withholding tax refunds for all Member States, thereby addressing the concerns about regulatory discrepancies; highlights that such harmonisation would be particularly helpful for retail investors, who are often deterred from completing refund procedures due to excessive burden caused by said discrepancies, thus improving the level playing field;
2021/11/25
Committee: ECON
Amendment 153 #

2021/2097(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Points out that the Commission estimates costs related to withholding tax refund procedures, foregone tax relief and opportunity costs to be EUR 8.4 billion per year; highlights that such issues can particularly impact pension funds and collective investment funds (CIF), which are often unable to obtain their lawful treaty relief; notes that developing a register listing all pension funds and CIFs entitled to treaty relief could provide a reliable reduction of unwarranted withholding taxes in the short-term;
2021/11/25
Committee: ECON
Amendment 158 #

2021/2097(INI)

Motion for a resolution
Paragraph 16
16. NReckons that repayments of withholding taxes remain predominantly a paper driven process, which is not only slower and more burdensome for taxpayers, but also more prone to fraud; notes that digitalising these procedures and improving cooperation between national tax administrations could reduce the administrative burden and uncertainty in cross-border investments;
2021/11/25
Committee: ECON
Amendment 162 #

2021/2097(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Takes good note of the potential of distributed ledger technology (DLT) to make the withholding system more efficient in each country, but also to facilitate seamless procedures between different national systems and prevent fraudulent activity; calls on the European Commission and Member States to assess how to leverage blockchain technologies to prevent tax evasion and avoidance while fully respecting the EU data protection rules;
2021/11/25
Committee: ECON
Amendment 167 #

2021/2097(INI)

Motion for a resolution
Paragraph 17
17. Takes note of the option to establish an EU system for relief at source; highlights that a move towards this type of system cannot be detrimental to the fight against tax abuse; stresses that, in all circumstances, compliance by the destination state with the agreement reached by the G20/OECD Inclusive Framework, or with the equivalent EU legislation implementing said agreement, must be a prerequisite for relief at source;
2021/11/25
Committee: ECON
Amendment 169 #

2021/2097(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Takes note of the OECD Treaty Relief and Compliance Enhancement (TRACE) initiative, which empowers authorized intermediaries to reclaim withholding tax claims on portfolio investments; reminds that only one Member State has implemented TRACE; encourages others to assess the results, both in terms of administrative burden reduction, impact on tax revenue and fraud risks;
2021/11/25
Committee: ECON
Amendment 14 #

2021/2010(INI)

Motion for a resolution
Citation 18 a (new)
— having regard to the ongoing work of the United Nations Committee of Experts on International Cooperation in Tax Matters on Tax Consequences of the Digitalized Economy,
2021/03/01
Committee: ECON
Amendment 23 #

2021/2010(INI)

Motion for a resolution
Recital C
C. whereas the BEPS Action Plan succeedmanaged into establishing a global consensus on many issues in order to fight tax evasion, aggressive tax planning and tax avoidance; whereas, however, there was no agreement on addressing the tax challenges arising from the digitalisation of the economy, which led to the adoption of the separate BEPS Action 1 – 2015 Final Report;
2021/03/01
Committee: ECON
Amendment 29 #

2021/2010(INI)

Motion for a resolution
Recital E
E. whereas the Commission put forward two proposals on the taxation of the digital economy in 2018, including a temporary short-term solution introducing a digital services tax (DST), and a long- term solution defining a significant digital presence (SDP) as a nexus for corporate taxation which should replace the DST; whereas Parliament supported these proposals, but they were not adopted in the Council because Member States could not reach the unanimous agreement needed in the realm of taxation at EU level;
2021/03/01
Committee: ECON
Amendment 41 #

2021/2010(INI)

Motion for a resolution
Recital I a (new)
I a. whereas the Interinstitutional Agreement on budgetary cooperation of 16 December 2020 (IIA) refers to a legally binding commitment towards the introduction of an EU digital levy as an own resource by 1 January 2023;
2021/03/01
Committee: ECON
Amendment 44 #

2021/2010(INI)

Motion for a resolution
Recital I b (new)
I b. whereas the Council Conclusions of 27 November state that the European Council will ‘assess the situation regarding the work on the important issue of digital taxation’ in March 2021;
2021/03/01
Committee: ECON
Amendment 47 #

2021/2010(INI)

Motion for a resolution
Recital I c (new)
I c. whereas G20 Finance Ministers will meet on 7-8 April 2021 and 9-10 July 2021 and take stock of the negotiations of the Inclusive Framework on both Pillars of the international negotiations;
2021/03/01
Committee: ECON
Amendment 50 #

2021/2010(INI)

Motion for a resolution
Paragraph 1
1. Notes that the current international tax rules date back to the early 20th century, and that taxing rights are mainly based on the physical presence of companies; points out that digitalised companies as well as companies relying heavily on intangible assets can engage in significant business activities in a jurisdiction without physical presence there, and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; regrets that the traditional concept of permanent establishment fails to cover the new aspects of digital businesses, and underlines the need to define, which can lead to Base Erosion and Profit Shifting; in that context, calls for new and fairer allocation of taxing rights for large multinationals and the revision of the traditional concept of permanent establishment, and recalls the Parliament’s position on the C(C)CTB to create a virtual permanent establishment; stresses that users of online platforms and consumers of digital services cannot be shifted outside a jurisdiction in the same way as capital and labour, and should therefore be the basis for taken into account when definition ofng a new tax nexus in order to provideing an effective remedy against aggressive tax planning;
2021/03/01
Committee: ECON
Amendment 77 #

2021/2010(INI)

Motion for a resolution
Paragraph 3
3. Highlights the need to address the under-taxation of the digitalised economy, while ensuring a fair distribution of taxing rights among all countries where the value creation of multinational digital companies takes place;
2021/03/01
Committee: ECON
Amendment 83 #

2021/2010(INI)

Motion for a resolution
Paragraph 4
4. Notes that on average digital business models face significantly lower effective tax rates than traditional business models which rely on physical presence; regrets that tax avoidance linked to aggressive tax planning is not only detrimental to the collection of public revenues but, which contributes to reducing income inequality and financing public services, and also puts businesses, especially SMEs, at a disadvantage, while creating barriers for new local entrants; highlights that in the meantime, the demand for digitalised services has exploded due to the obligation to operate many tasks remotely in the COVID-19 context; therefore observes that providers of such digitalised services will be among the economic winners of the pandemic crisis;
2021/03/01
Committee: ECON
Amendment 98 #

2021/2010(INI)

Motion for a resolution
Paragraph 5
5. WCalls for an international agreement aiming for a fair and effective tax system; welcomes the efforts in the G20/OECD IF to reach a global consensus on a multilateral reform of the international tax system to address the challenges of the digitalised economy; acknowledges the progress of discussions on the proposals at technical level, despite the delays caused by the COVID-19 pandemic, and calls for a swift agreement by mid-2021; highlights the value of the G20/OECD IF for guaranteeing multilateral solutions and finding support at the global and EU level;
2021/03/01
Committee: ECON
Amendment 101 #

2021/2010(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the fact that the two pillar approach suggested in the G20/OECD IF does not ring fence the digitalised economy but seeks a comprehensive solution to the new challenges of the digital economy; acknowledges that both pillars are complementary, and highlights that Pillar II aims at addressing remaining BEPS challenges notably by ensuring that large multinationals, including digitalised ones, pay a minimum level of tax regardless of where they are located; reminds that an effective Pillar II can be introduced without the participation of all states as participating countries will still be granted the right to tax profits of companies registered elsewhere in low-taxation countries; however supports a holistic solution in which oneboth pillar is not adopted without the other; s are adopted by mid-2021; recommends that any minimum effective rate should be set at a fair and sufficient level to discourage profit shifting of large multinationals, including highly digitalised ones, and prevent damaging tax competition; therefore suggests a minimum effective rate of 18 %, noting that the current EU average of statutory corporate income tax rates is 21.71 % and that some policy challenges, such as climate change, will necessitate space and tools for fiscal policy; 1P.110, Tax policies in the European Union 2020 survey, DG Taxation and Customs Union, European Commission
2021/03/01
Committee: ECON
Amendment 114 #

2021/2010(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. A scope that cover all large MNEs which could engage in BEPS practices and that should include a review clause with phase-in rules concerning the global revenue threshold; recalls that the EU definition of a large multinational group consists of consolidated parent and subsidiary undertakings exceeding the limits of at least two of the three following criteria: a balance sheet of at least EUR 20 000 000, a net turnover of at least EUR 40 000 000 and an average number of employees during the financial year superior to 250;
2021/03/01
Committee: ECON
Amendment 117 #

2021/2010(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. A scope covering at least automated digital services and consumer facing businesses, while not creating further and unnecessary burdens on SMEs;
2021/03/01
Committee: ECON
Amendment 121 #

2021/2010(INI)

Motion for a resolution
Paragraph 7 e (new)
7 e. A limited recourse to carry forward regimes for losses, as those could undermine the impact of the reform;
2021/03/01
Committee: ECON
Amendment 122 #

2021/2010(INI)

Motion for a resolution
Paragraph 7 f (new)
7 f. Recommends that policy options defended by Member States in the negotiations should reduce complexity, therefore supports simplified administrative processes for MNEs subject to the new taxing rights, also in view of lightening the burden of implementation for Member States, taking into account Member States not involved in tax arrangements distorting competition such as so-called 'sweetheart deals'; believes that a more complete overhaul of the Arm’s Length Principle (ALP) would be appropriate; is concerned that maintaining the ALP in the reform’s context could add opportunities to circumvent the newly agreed rules;
2021/03/01
Committee: ECON
Amendment 123 #

2021/2010(INI)

Motion for a resolution
Paragraph 7 g (new)
7 g. Highlights that the implementation of an efficient and comprehensive international reform will be eased by the access to country-by-country reporting information; notes that, to date, many countries do not have access to such information; welcomes the recent efforts of the Council Presidency on the Proposal for public country-by-country reporting;
2021/03/01
Committee: ECON
Amendment 124 #

2021/2010(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission and the Council to intensify the dialogue with the new US administration on digital tax policy with the aim of finding a common approach in the framework of the G20/OECD IF negotiations before June 2021; calls on the CouncilMember States to oppose the ‘safe harbour’ clause, proposed by the US administration, which risks undermining the reform efforts; calls on the Commission to pursue with an EU own proposal on addressing the challenges of a digitalised economy should a ‘safe harbour’ clause be included in the reform’s first Pillar; recalls in that regard the Commission’s long term proposal for a Significant Digital Presence;
2021/03/01
Committee: ECON
Amendment 131 #

2021/2010(INI)

Motion for a resolution
Paragraph 9
9. WelcomNotes the proposal of a dispute prevention and resolution mechanism but underlines that tax certainty is best achieved by establishing simple, clear and harmonised rules that prevent disputes in the first place; highlights that any dispute prevention and resolution mechanism should not put developing countries at a disadvantage;
2021/03/01
Committee: ECON
Amendment 147 #

2021/2010(INI)

Motion for a resolution
Paragraph 10
10. Regrets that the failure of the G20/OECD IF to find a solution in October 2020 willhas prolonged the under-taxation of the digital economy; stresses that the COVID 19 pandemic has largely benefited digital businesses and accelerated the transition to a digitalised economy, thereby re-emphasising the need to reform the current tax system in order to ensure a fair contribution from the digitalised economy;
2021/03/01
Committee: ECON
Amendment 153 #

2021/2010(INI)

Motion for a resolution
Paragraph 11
11. Insists therefore that, regardless of the progress of the negotiations at the G20/OECD IF, the EU should stand ready to roll out its own solutions for taxing the digitalised economy by the end of 2021; calls on the Commission to present proposals by June 2021, while anticipating their compatibility with the reform by the G20/OECD IF to be agreed on; stresses the need to create a level playing field for providers of traditional services and automated digitalised services and consumer facing businesses in the EU by ensuring that the latter are taxed at an adequatewhere they make profits and at a fair rate; invites the Commission to consider in particular introducing a temporary European Digital Services Tax as a necessary first step; calls for the EU to implement the future outcome of the international negotiations in a harmonised way and invites the Commission to issue any relevant Proposal to that effect;
2021/03/01
Committee: ECON
Amendment 183 #

2021/2010(INI)

Motion for a resolution
Paragraph 12
12. Understands that some Member States consider the taxation of large digital economybusinesses an urgent issue and have therefore introduced digital services taxes at national level; recalls that these national measures should be phased out once a multilateral solution is found; recalls on Member States to refrain fromthat introducing national solutions unilaterally, as they can create a risk of fragmentation of the single market; recallminds that although taxation is primarily a Member State competence, they must exercise it in coherence with the common principles of EU law in order to ensure coherence between national frameworks, thereby allowing for fair competition and avoiding a negative impact on the overall coherence of EU taxation principles;
2021/03/01
Committee: ECON
Amendment 199 #

2021/2010(INI)

Motion for a resolution
Paragraph 13
13. Regrets that the Council did not agree on any of the Commission’s related proposals, i.e. the digital services tax, the significant digital presence or the CCTB and CCCTB; calls on the Member States to reconsider their position on these proposals or to integrate them into a potential future implementation of Pillar I, and to consider all options provided for by the Treaties if no unanimous agreement can be reached;
2021/03/01
Committee: ECON
Amendment 207 #

2021/2010(INI)

Motion for a resolution
Paragraph 14
14. NotWelcomes the Commission inception impact assessment on a Digital Levy of 14 January 2021; notes that digitalisation can increase productivity and consumer welfare, but it is also of paramount importance to ensure that digital multinationals contribute their fair share to society, taking into account that the average annual revenue growth of top digital firms is 14 % compared to between 0.2 % and 3 % for other multinationals; calls on the Commission to carefully assess how the scope, definition and segmentation of digital activities, transactions, services or companies will be in line with international efforts to find a global solution;
2021/03/01
Committee: ECON
Amendment 209 #

2021/2010(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Notes that the Commission intends to assess three baseline scenarios and is of the opinion that: (a) A corporate income tax (CIT) top-up to be applied to all companies conducting certain digital activities in the EU is an interesting option worth exploring as it would remain compatible with the ongoing international negotiations, would respect the various bilateral tax agreements and would allow CIT to take into account the significant higher profit margins of large digitalised multinationals; (b) A solution aiming at taxing profits rather than revenues would limit trade tensions, work towards a level playing field and have less negative impact on investments;notes however that, in the absence of an internationally agreed solution, taxing revenues remains an approach ensuring a minimum fair tax contribution is made; (c) A tax on digital transactions conducted business-to-business in the EU risk shifting the burden of the tax payment from large digitalised businesses to smaller companies relying on those services, therefore missing the initial objective making those firms pay a fair share of taxes;
2021/03/01
Committee: ECON
Amendment 216 #

2021/2010(INI)

Motion for a resolution
Paragraph 15
15. Calls for a stronger role for Parliament in legislative procedures in the area of taxation; takes note of the Commission’s proposed roadmap to qualified majority voting in its communication entitled ‘Toward a more efficient and democratic decision-making in EU tax policy’; recognises at the same time that the Parliament has a co-decision role in areas indirectly strongly linked to a more fair taxation, like the statutory audit regulation. Underlines the important role various audit companies have played in tax scandals over the years. Calls therefore upon the EC to come forward with a reform of the statutory audit regulation EU 537/2014, introducing a strict legal and operational separation of audit from consulting services, as well as the setting up of mandatory ‘joint audit’ to enable firms outside the Big Four to develop the capacity needed to review the biggest companies;
2021/03/01
Committee: ECON
Amendment 232 #

2021/2010(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the conclusions of the European Council of 21 July 2021, which task the Commission with putting forward proposals for additional own resources including a digital levy. Before proposing a digital tax,the Commission must conduct a thorough impact assessment to assesses the impact on each Member State to ensure fairness in Member Statecontributions to the EU budget;
2021/03/01
Committee: ECON
Amendment 233 #

2021/2010(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the conclusions of the European Council of 21 July 2021, which task the Commission with putting forward proposals for additional own resources including a digital levy; recalls that the collection of such additional own resources should be compatible with existing bilateral tax treaties and complementary to the ongoing international negotiations;
2021/03/01
Committee: ECON
Amendment 1638 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 5/23
Add the following to the core network: - Turku-Salo-Espoo-Helsinki rail passenger connection (both conventional and ≥ 200 km/h / new construction)
2023/01/25
Committee: TRAN
Amendment 1639 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 5/23
Add the following to the core network: - Tampere-Helsinki high-speed railway passenger line
2023/01/25
Committee: TRAN
Amendment 1773 #

2021/0420(COD)

Proposal for a regulation
Annex 2 - table - section FI (new)
Node name: Kaskinen Maritime port: Comprehensive
2023/01/25
Committee: TRAN
Amendment 1774 #

2021/0420(COD)

Proposal for a regulation
Annex 2 - table - section FI
Node name: Kokkola Maritime port: Comprehensivre
2023/01/25
Committee: TRAN
Amendment 1775 #

2021/0420(COD)

Proposal for a regulation
Annex 2 - table - section FI
Node name: Oulu / Uleåborg Maritime port: Comprehensivre (Oulu)
2023/01/25
Committee: TRAN
Amendment 112 #

2021/0385(COD)

Proposal for a regulation
Recital 7
(7) Dark trading is trading without pre- trade transparency. The double volume cap (DVC)is a mechanism that limits the level of dark trading, using the reference price waiver laid down in Article 4(1), point (a) of Regulation (EU) No 600/2014 and the negotiated trade waiver laid down in Article 4(a) point (a), point (i) of that Regulation. The use of both waivers is capped by the double volume cap (‘DVC’). The DVC is a mechanism that limits the level of dark trading, to a certain proportion of total trading in an equity instrument. The amount of dark trading under both waivers in an equity instrument on an individual venue may not exceed 4% of total trading in that instrument in the Union. When this threshold is breached, dark trading under both waivers in that instrument on that venue is suspended. Secondly the amount of dark trading under both waivers in an equity instrument in the Union may not exceed 8% of total trading in that instrument in the Union. When this threshold is breached all dark trading under both waivers in that instrument is suspended. The DVC faces strong limitations as it does not limit trading without pre-trade transparency outside the two waivers it covers. The venue specific threshold leaves room for continued use of those waivers on other platforms on which trading in that equity instrument is not yet suspended, until the Union wide threshold is breached. This causes complexity in terms of monitoring the levels of dark trading and of enforcing the suspension. To simplify the double volume cap while keeping its effectiveness, the new single volume cap should rely solely on the EU-wide threshold. That threshold should be lowered to 7 % to compensate for a potential increase of trading under those waivers as a consequence of abolishing the venue specific thresholdcover non-pre-trade transparent trading, not only under both waivers but also including other non-price forming transactions below the large-in-scale threshold and subject to the share trading obligation. The volume cap threshold should be determined by ESMA. When defining the possible threshold, ESMA should take into account the impact of that measure on price formation, liquidity, and end investors’outcomes.
2022/10/20
Committee: ECON
Amendment 126 #

2021/0385(COD)

Proposal for a regulation
Recital 11
(11) In order to reinforce the price formation process and to maintain a level playing field between trading venues and systematic internalisers, Article 14 of Regulation (EU) No 600/2014 requires systematic internalisers to make public all quotes in equity instruments placed by that systematic internaliser below the standard market size. Systematic internalisers are free to decide which sizes they quote, as long as they quote at a minimum size of 10% of the standard market size. That possibility, however, has led to very low levels of pre-trade transparency provided by systematic internalisers in equity instruments, and has hampered the achievement of a level playing field. It is therefore necessary to require systematic internalisers to publish firm quotes relating to a minimum of twice the standard market sizesize to be determined by ESMA. The minimum size should exceed twice the standard market size, and should be determined by the impact of the measure on price formation, liquidity, and end investors’ outcomes.
2022/10/20
Committee: ECON
Amendment 130 #

2021/0385(COD)

Proposal for a regulation
Recital 12
(12) In order to create a level playing field, in addition to the obligation to publish firm quotes relating to a minimum of twice the standard market size, systematic internalisers should also no longer be allowed to match at midpoint below twice the standard market size. It should furthermore be clarified that systematic internalisers should be allowed to match at midpoint in so far as they comply with the tick-size rules in accordance with Article 49 of Directive 2014/65/EU when they trade above twice the standard market size but below the large in-scale threshold. When systematic internalisers trade above a large in-scale threshold, they should continue to be allowed to match at midpoint without complying with the tick-size regime.deleted
2022/10/20
Committee: ECON
Amendment 160 #

2021/0385(COD)

Proposal for a regulation
Recital 22
(22) There is an objective difference between a venue of primary admission and other trading venues that serve as secondary trading markets. A venue of primary admission admits companies to the public markets, playing a crucial role in the life of a share and for the share’s liquidity. This is particularly true in the case of shares listed on smaller regulated markets which remain typically traded mostly on the venue of primary admission. When the pre-trade transparent trading of a certain share takes place exclusively or predominantly on the venue of primary admission, such smaller venue plays a more important role in the price formation for that share. The core market data a smaller regulated market contributes to the consolidated tape therefore plays a more determining role in the price formation for the shares this venue admits to trading. A preferential treatment inIn smaller regulated markets the level of concentration of trading in shares, for which they are also the venue of primary admission, means that their relative contribution to the fragmentation of trading in the Union is less significant compared to that of larger regulated markets. The average daily trading volume of shares in the smaller regulated markets is relatively low, often accounting for less than 1 % of the average daily trading volume of the Union as a whole. Finally, smaller regulated markets that are not owned by larger groups of exchange operators are, on average, less diversified and more dependent on data revenues, and the inclusion of their pre- trade data on the consolidated tape for shares could deprive them of their most important source of income. Therefore, given the lower levels of fragmentation of smaller markets, their relative share of the overall trading landscape and legitimate concerns about the viability of their business, an exclusion from the mandatory inclusion of their revenue participation scheme is therefore considered appropriate to allow these smaller exchangeal time pre-trade data in the consolidated tape output should be considered appropriate to allow smaller regulated markets that are not owned by larger groups of exchange operators to maintain their local admissions and safeguard a rich and vibrant ecosystem in line with the objectives of the Capital Markets Union. From a procedural perspective, the first exclusion criterion should be market share; if the market share at any future point exceeds the threshold set out in this Regulation, fragmentation criteria should apply as alternative exemption criteria. Notwithstanding the mandatory inclusion exemption, smaller regulated markets that wish to be included in the consolidated view provided by the CT should be able to opt in into the mandatory inclusion scheme by notifying ESMA and the CTP of their intent.
2022/10/20
Committee: ECON
Amendment 229 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36c a (new)
(36c a) ‘market operator group’ means a corporate entity or grouping that owns or controls two or more market operators within the Union.
2022/10/20
Committee: ECON
Amendment 236 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 4 – point b
Regulation (EU) No 600/2014
Article 5 – paragraph 1
1. Trading venues shall suspend their use of the waivers referred to in Article 4(1), point (a), and 4(1), point (b)(iand systematic internalisers shall suspend trading as referred to in paragraph 4(b) where the percentage of this volume traded in the Union in a financial instrument carried out under those waivers exceeds 7% of the total volume traded in that financial instrument in the Union. Trading venues shall base their decision to suspend the use of those waiversexceeds the threshold determined by ESMA in accordance with paragraph 9. Trading venues and systematic internalisers shall base their decision on the data published by ESMA in accordance with paragraph 4, and shall take such decision within two working days after this publication of those data and for a period of six months.;
2022/10/20
Committee: ECON
Amendment 242 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 4 – point d
Regulation (EU) No 600/2014
Article 5 – paragraph 4
4. ESMA shall publish within five working days of the end of each calendar month all of the following data: (a) per financial instrument in the previous 12 months; (b) financial instrument carried out across the Union under the waivers referred to in Article 4(1), point (a), and Article 4(1), point (b)(i); (c) derive the percentage referred to in point (b).;deleted the total volume of Union trading the percentage of trading in a the methodology that is used to
2022/10/20
Committee: ECON
Amendment 243 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 4 – point d
Regulation (EU) No 600/2014
Article 5 – paragraph 4
(d) paragraph 4 is replaced by the following: 4. ESMA shall publish within five working days of the end of each calendar month all of the following data: (a) the total volume of Union trading per financial instrument in the previous 12 months; (b) the percentage of trading in a financial instrument carried out across the Union under the waivers referred to in Article 4(1), point (a), and Article 4(1), point (b)(i), and without pre-trade transparency for orders subject to the share trading obligation and outside the waivers referred to in Article 4(1); (c) the methodology that is used to derive the percentage referred to in point (b).
2022/10/20
Committee: ECON
Amendment 250 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 4 – point f
Regulation (EU) No 600/2014
Article 5 – Paragraph 7
7. 7. To ensure a reliable basis for monitoring the trading as referred to in paragraph 4(b) taking place under the waivers referred to in Article 4(1), point (a), and Article 4(1), point (b)(i) and for determining whether the limits referred to in paragraph 1 have been exceeded, operators of trading venues and systematic internalisers shall have in place systems and procedures to enable the identification of all trades referred to in paragraph 4(b) which have taken place on their venue under those waivers.;execution venue.
2022/10/20
Committee: ECON
Amendment 254 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
Regulation (EU) No 600/2014
Article 9 – paragraph 5
(ba) In paragraph 5 the following is added after point (e): (ea) the volume cap threshold as outlined in paragraph 1 and the method by which it is defined. When defining the possible threshold, ESMA should take into account the impact of that measure on price formation, liquidity, and end investors’ outcomes; (eb) the method, including the flagging of transactions, by which it collates, calculates and publishes the transaction data, as outlined in paragraph 4, in order to provide an accurate measurement of the total volume of trading per financial instrument and the percentages of trading that use those waivers across the Union and per trading venue. ESMA shall submit the draft regulatory technical standards referred to in points ea and eb to the Commission by ... [six months after the date of entry into force of this amending Regulation.
2022/10/20
Committee: ECON
Amendment 284 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 2
2. This Article and Articles 15, 16 and 17 shall apply to systematic internalisers when they deal in sizes up to twice the standard market sizehe size determined by ESMA in accordance with paragraph 7. Systematic internalisers shall not be subject to this Article and Articles 15, 16 and 17 when they deal in sizes above twice the standard market size.
2022/10/20
Committee: ECON
Amendment 289 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 3
3. Systematic internalisers are allowed to quote any size. The minimum quoting size shall be at least the equivalent of twice the standard market size offor a share, depositary receipt, ETF, certificate, or other financial instrument that is similar to those financial instruments and that is traded on a trading venueraded on a trading venue shall be the determined by ESMA in accordance with paragraph 7. For a particular share, depository receipt, ETF, certificate or other financial instrument that is similar to those financial instruments and that is traded on a trading venue, each quote shall include a firm bid and offer price, or firm bid and offer prices for a size or sizes which could be up to twice the standard market sizeize determined by ESMA in accordance with paragraph 7 for the class of shares, depositary receipts, ETFs, certificates or financial instruments that are similar to those financial instruments, to which the financial instrument belongs. The price or prices shall reflect the prevailing market conditions for that share, depositary receipt, ETF, certificate or financial instrument that is similar to those financial instruments.;
2022/10/20
Committee: ECON
Amendment 293 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 – point b b (new)
Regulation (EU) No 600/2014
Article 14 – Paragraph 7 - first subparagraph
7.(b a) in paragraph 7, the first subparagraph is replaced by the following: In order to ensure the efficient valuation of shares, depositary receipts, ETFs, certificates and other similar financial instruments and maximise the possibility of investment firms to obtain the best deal for their clients, ESMA shall develop draft regulatory technical standards to specify furthering: (a) the arrangements for the publication of a firm quote as referred to in paragraph 1,; (b) the size below which this Article and Articles 15, 16 and 17 shall apply to systematic internalisers as referred to in paragraph 2. This size should exceed twice the standard market size; (c) the minimum quoting sizes as referred to in paragraph 3; (d) the determination of whether prices reflect prevailing market conditions as referred to in paragraph 3, and of; (e) the standard market size as referred to in paragraphs 2 and 4.
2022/10/20
Committee: ECON
Amendment 298 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 e (new)
Regulation (EU) No 600/2014
Article 15 – Paragraph 1
(8 a) In Article 15 Execution of client orders , paragraph 1 is replaced by the following: ‘1. Systematic internalisers shall make public their quotes on a regular and continuous basis during normal trading hours. They may update their quotes at any time. They shall be allowed, under exceptional market conditions, to withdraw their quotes. The quotes shall be made public in a manner which is easily accessible to other market participants on a reasonable commercial basis. Member States shall require that firms that meet the definition of systematic internaliser notify their competent authority. Such notification shall be transmitted to ESMA. ESMA shall establish a list of all SIs in the Union. Member States shall require that firms that meet the definition of systematic internaliser provide the competent authority with a detailed description of the functioning of the systematic internaliser, including any links to or participation by a regulated market, an MTF, an OTF or a systematic internaliser owned by the same investment firm, and a list of their members, participants and/or users. Competent authorities shall make that information available to ESMA on request. Member States shall require that firms that meet the definition of systematic internaliser establish and implement transparent and non-discriminatory rules and objective criteria for the efficient execution of orders. They shall have arrangements for the sound management of the technical operations of the facility, including the establishment of effective contingency arrangements to cope with risks of systems disruption.
2022/10/20
Committee: ECON
Amendment 300 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 a (new)
Regulation (EU) No 600/2014
Article 15 – Paragraph 4
(b) In Article 15, paragraph 4 is deleted.;
2022/10/20
Committee: ECON
Amendment 302 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 a (new)
(c)In Article 15, paragraph 5 is replaced by the following: ‘5. The Commission shall be empowered to adopt delegated acts in accordance with Article 50, clarifying what constitutes a reasonable commercial basis to make quotes public as referred to in paragraph 1. ESMA shall develop draft implementing technical standards to determine the content and format of the description and notification referred to in paragraph 1. ESMA shall submit those draft regulatory technical standards to the Commission by ... [six months after the date of entry into force of this amending Regulation. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
2022/10/20
Committee: ECON
Amendment 305 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 8 g (new)
Regulation (EU) No 600/2014
Article 16 – Paragraph 1
(8 b) "Article 16 is amended as follows: (a) paragraph 1 is replaced by the following: ‘The competent authorities shall check the following: (a) that investment firmsfirms that meet the definition of systematic internaliser regularly update bid and offer prices published in accordance with Article 14 and maintain prices which reflect the prevailing market conditions; (baa) that investment firmsfirms that meet the definition of systematic internaliser comply with the conditions for order execution laid down in Article 15(1); (b) that firms that meet the definition of systematic internaliser comply with the conditions for price improvement laid down in Article 15(2). "
2022/10/20
Committee: ECON
Amendment 326 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 1 a (new)
1a. All market data contributors will provide the CTP with all core data in real time. However, regulated markets whose average daily trading volume of shares represents less than 1 % of the average daily trading volume of the Union, and who do not form part of a market operator group that operates regulated markets that collectively represent more than 2% of the average daily trading volume in the union shall not be required to permit their pre trade market data to be published by the CTP in real time;
2022/10/21
Committee: ECON
Amendment 332 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22 a – paragraph 2 a (new)
2 a. Regulated markets whose average daily trading volume of shares exceeds 1 % of the average trading volume of the Union, and who do not form part of a market operator group that operates regulated markets that collectively represent more than 2% of the average daily trading volume in the union, shall not be required to permit their pre-trade market data to be published by the CTP in real time if: (i) the regulated market accounts for more than 85% of the average daily trading volume of shares that were first admitted to trading on that regulated market; or (ii) the average daily trading volume of shares first admitted on a regulated market on MTFs and systematic internalisers collectively is 15% or less of the average daily trading volume of those shares. ESMA shall publish on its website a list of regulated markets exempted from permitting their pre-trade market data to be published by the CTP in real time and shall update that list regularly.
2022/10/21
Committee: ECON
Amendment 336 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 2 b (new)
2 b. Notwithstanding paragraphs 1a and 2a, smaller regulated markets may decide to permit their pre-trade market data to be published by the CTP in real time, subject to the provisions of paragraph 1, by notifying ESMA and the CTP.
2022/10/21
Committee: ECON
Amendment 337 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 2 c (new)
2 c. Each CTP shall be free to choose, from among the types of connection and formats that the market data contributors offer to other users, which connection it wishes to use for the provision of those data. Market data contributors shall not receive any remuneration for providing the connectivity other than the revenue sharing for shares, as specified in the conditions for appointment of the CTP in the selection process laid down in 27da.
2022/10/21
Committee: ECON
Amendment 338 #

2021/0385(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 3
3. Market data contributors shall, with regard to transactions in the instruments referred to in paragraph 1 that are concluded by investment firms outside a trading venue, provide the CTP with the market data concerning those transactions through an APA. Market data providers shall, with regard to the best bids and offers in shares provided by investment firms outside a trading venue, provide the CTP with the market data concerning those bids and offers either directly or through an APA.
2022/10/21
Committee: ECON
Amendment 35 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2014/65/EU
Article 16 – paragraph 3
3 a. in Article 16, paragraph 3 is replaced by the following: "3. An investment firm shall maintain and operate effective organisational and administrative arrangements with a view to taking all reasonable steps designed to prevent conflicts of interest as defined in Article 23 from adversely affecting the interests of its clients. An investment firm which manufactures financial instruments for sale to clients shall maintain, operate and review a process for the approval of each financial instrument and significant adaptations of existing financial instruments before it is marketed or distributed to clients. The product approval process shall specify an identified target market of end clients within the relevant category of clients for each financial instrument and shall ensure that all relevant risks to such identified target market are assessed and that the intended distribution strategy is consistent with the identified target market. An investment firm shall also regularly review financial instruments it offers or markets, taking into account any event that could materially affect the potential risk to the identified target market, to assess at least whether the financial instrument remains consistent with the needs of the identified target market and whether the intended distribution strategy remains appropriate. An investment firm which manufactures financial instruments shall make available to any distributor all appropriate information on the financial instrument and the product approval process, including the identified target market of the financial instrument. Where an investment firm offers or recommends financial instruments which it does not manufacture, it shall have in place adequate arrangements to obtain the information referred to in the fifth subparagraph and to understand the characteristics and identified target market of each financial instrument. The policies, processes and arrangements referred to in this paragraph shall be without prejudice to all other requirements under this Directive and Regulation (EU) No 600/2014, including those relating to disclosure, suitability or appropriateness, identification and management of conflicts of interests, and inducements. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0065-20220228). " Or. en
2022/10/20
Committee: ECON
Amendment 36 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Directive 2014/65/EU
Article 23
3 b. Article 23 is replaced by the following: "1. Member States shall require investment firms to take all appropriate steps to identify and to prevent or manage conflicts of interest between themselves, including their managers, employees and tied agents, or any person directly or indirectly linked to them by control and their clients or between one client and another that arise in the course of providing any investment and ancillary services, or combinations thereof, including those caused by the receipt of inducements from third parties or by the investment firm’s own remuneration and other incentive structures. 2. Where organisational or administrative arrangements made by the investment firm in accordance with Article 16(3) to prevent conflicts of interest from adversely affecting the interest of its client are not sufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, the investment firm shall clearly disclose to the client the general nature and/or sources of conflicts of interest and the steps taken to mitigate those risks before undertaking business on its behalf. 3. The disclosure referred to in paragraph 2 shall: (a) be made in a durable medium; and (b) include sufficient detail, taking into account the nature of the client, to enable that client to take an informed decision with respect to the service in the context of which the conflict of interest arises. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 to: (a) define the steps that investment firms might reasonably be expected to take to identify, prevent, manage and disclose conflicts of interest when providing various investment and ancillary services and combinations thereof; (b) establish appropriate criteria for determining the types of conflict of interest whose existence may damage the interests of the clients or potential clients of the investment firm. "
2022/10/20
Committee: ECON
Amendment 37 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Directive 2014/65/EU
Article 24
Article 24 General principles and information to clients 1. Member States shall require that, when providing investment services or, where appropriate, ancillary services to clients, an investment firm act honestly, fairly and professionally in accordance with the best interests of its clients and comply, in particular, with the principles set out in this Article and in Article 25. 2. Investment firms which manufacture financial instruments for sale to clients shall ensure that those financial instruments are designed to meet the needs of an identified target market of end clients within the relevant category of clients, the strategy for distribution of the financial instruments is compatible with the identified target market, and the investment firm takes reasonable steps to ensure that the financial instrument is distributed to the identified target market. An investment firm shall understand the financial instruments they offer or recommend, assess the compatibility of the financial instruments with the needs of the clients to whom it provides investment services, also taking account of the identified target market of end clients as referred to in Article 16(3), and ensure that financial instruments are offered or recommended only when this is in the interest of the client. 3. All information, including marketing communications, addressed by the investment firm to clients or potential clients shall be fair, clear and not misleading. Marketing communications shall be clearly identifiable as such. 4. Appropriate information shall be provided in good time to clients or potential clients with regard to the investment firm and its services, the financial instruments and proposed investment strategies, execution venues and all costs and related charges. That information shall include the following: (a) when investment advice is provided, the investment firm must, in good time before it provides investment advice, inform the client: (i) whether or not the advice is provided on an independent basis; (ii) whether the advice is based on a broad or on a more restricted analysis of different types of financial instruments and, in particular, whether the range is limited to financial instruments issued or provided by entities having close links with the investment firm or any other legal or economic relationships, such as contractual relationships, so close as to pose a risk of impairing the independent basis of the advice provided; (iii) whether the investment firm will provide the client with a periodic assessment of the suitability of the financial instruments recommended to that client; (b) the information on financial instruments and proposed investment strategies must include appropriate guidance on and warnings of the risks associated with investments in those instruments or in respect of particular investment strategies and whether the financial instrument is intended for retail or professional clients, taking account of the identified target market in accordance with paragraph 2; (c) the information on all costs and associated charges must include information relating to both investment and ancillary services, including the cost of advice, where relevant, the cost of the financial instrument recommended or marketed to the client and how the client may pay for it, also encompassing any third-party payments. The information about all costs and charges, including costs and charges in connection with the investment service and the financial instrument, which are not caused by the occurrence of underlying market risk, shall be aggregated to allow the client to understand the overall cost as well as the cumulative effect on return of the investment, and where the client so requests, an itemised breakdown shall be provided. Where applicable, such information shall be provided to the client on a regular basis, at least annually, during the life of the investment. Where the agreement to buy or sell a financial instrument is concluded using a means of distance communication which prevents the prior delivery of the information on costs and charges, the investment firm may provide the information on costs and charges either in electronic format or on paper, where requested by a retail client, without undue delay after the conclusion of the transaction, provided that both of the following conditions are met: (i) the client has consented to receiving the information without undue delay after the conclusion of the transaction; (ii) the investment firm has given the client the option of delaying the conclusion of the transaction until the client has received the information. In addition to the requirements of the third subparagraph, the investment firm shall be required to give the client the option of receiving the information on costs and charges over the phone prior to the conclusion of the transaction. 5. The information referred to in paragraphs 4 and 9 shall be provided in a comprehensible form in such a manner that clients or potential clients are reasonably able to understand the nature and risks of the investment service and of the specific type of financial instrument that is being offered and, consequently, to take investment decisions on an informed basis. Member States may allow that information to be provided in a standardised format. 5a. Investment firms shall provide all information required to be provided by this Directive to clients or potential clients in electronic format, except where the client or potential client is a retail client or potential retail client who has requested receiving the information on paper, in which case that information shall be provided on paper, free of charge. Investment firms shall inform retail clients or potential retail clients that they have the option of receiving the information on paper. Investment firms shall inform existing retail clients that receive the information required to be provided by this Directive on paper of the fact that they will receive that information in electronic format at least eight weeks before sending that information in electronic format. Investment firms shall inform those existing retail clients that they have the choice either to continue receiving information on paper or to switch to information in electronic format. Investment firms shall also inform existing retail clients that an automatic switch to the electronic format will occur if they do not request the continuation of the provision of the information on paper within that eight week period. Existing retail clients who already receive the information required to be provided by this Directive in electronic format do not need to be informed. 6. Where an investment service is offered as part of a financial product which is already subject to other provisions of Union law relating to credit institutions and consumer credits with respect to information requirements, that service shall not be additionally subject to the obligations set out in paragraphs 3, 4 and 5. 7. the client that investment advice is provided on an independent basis, that investment firm shall: (a) financial instruments available on the market which must be sufficiently diverse with regard to their type and issuers or product providers to ensure that the client’s investment objectives can be suitably met and must not be limited to financial instruments issued or provided by: (i) entities having close links with the investment firm; or (ii) investment firm has such close legal or economic relationships, such as contractual relationships, as to pose a risk of impairing the independent basis of the advice provided; (b) commissions or any monetary or non- monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients. Minor non- monetary benefits that are capable of enhancing the quality of service provided to a client and are of a scale and nature such that they could not be judged to impair compliance with the investment firm’s duty to act in the best interest of the client must be clearly disclosed and are excluded from this point. 8. management the investment firm shall not accept and retain fees, commissions or any monetary or non-monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients. Minor non-monetary benefits that are capable of enhancing the quality of service provided to a client and are of a scale and nature such that they could not be judged to impair compliance with the investment firm’s duty to act in the best interest of the client shall be clearly disclosed and are excluded from this paragraph. 9. Member States shall ensure that investment firms are regarded as not fulfilling their obligations under Article 23 or under paragraph 1 of this Article where they pay or are paid any fee or commission, or provide or are provided with any non-monetary benefit in connection with the provision of an investment service or an ancillary service, to or by any party except the client or a person on behalf of the client, other than where the payment or benefit: (a) is designed to enhance the quality of the relevant service to the client; and (b) does not impair compliance with the investment firm’s duty to act honestly, fairly and professionally in accordance with the best interest of its clients. The existence, nature and amount of the payment or benefit referred to in the first subparagraph, or, where the amount cannot be ascertained, the method of calculating that amount, must be clearly disclosed to the client, in a manner that is comprehensive, accurate and understandable, prior to the provision of the relevant investment or ancillary service. Where applicable, the investment firm shall also inform the client on mechanisms for transferring to the client the fee, commission, monetary or non- monetary benefit received in relation to the provision of the investment or ancillary service. The payment or benefit which enables or is necessary for the provision of investment services, such as custody costs, settlement and exchange fees, regulatory levies or legal fees, and which by its nature cannot give rise to conflicts with the investment firm’s duties to act honestly, fairly and professionally in accordance with the best interests of its clients, is not subject to the requirements set out in the first subparagraph. 9a. Member States shall ensure that the provision of research by third parties to investment firms providing portfolio management or other investment or ancillary services to clients is to be regarded as fulfilling the obligations under paragraph 1 if: (a) before the execution or research services have been provided, an agreement has been entered into between the investment firm and the research provider, identifying the part of any combined charges or joint payments for execution services and research that is attributable to research; (b) the investment firm informs its clients about the joint payments for execution services and research made to the third party providers of research; and (c) the research for which the combined charges or the joint payment is made concerns issuers whose market capitalisation for the period of 36 months preceding the provision of the research did not exceed EUR 1 billion, as expressed by end-year quotes for the years when they are or were listed or by the own-capital for the financial years when they are or were not listed. For the purpose of this Article, research shall be understood as covering research material or services concerning one or several financial instruments or other assets, or the issuers or potential issuers of financial instruments, or as covering research material or services closely related to a specific industry or market such that it informs views on financial instruments, assets or issuers within that industry or market. Research shall also comprise material or services that explicitly or implicitly recommend or suggest an investment strategy and provide a substantiated opinion as to the present or future value or price of financial instruments or assets, or otherwise contain analysis and original insights and reach conclusions based on new or existing information that could be used to inform an investment strategy and be relevant and capable of adding value to the investment firm’s decisions on behalf of clients being charged for that research. 10. An investment firm which provides investment services to clients shall ensure that it does not remunerate or assess the performance of its staff in a way that conflicts with its duty to act in the best interests of its clients. In particular, it shall not make any arrangement by way of remuneration, sales targets or otherwise that could provide an incentive to its staff to recommend a particular financial instrument to a retail client when the investment firm could offer a different financial instrument which would better meet that client’s needs. 11. When an investment service is offered together with another service or product as part of a package or as a condition for the same agreement or package, the investment firm shall inform the client whether it is possible to buy the different components separately and shall provide for a separate evidence of the costs and charges of each component. Where the risks resulting from such an agreement or package offered to a retail client are likely to be different from the risks associated with the components taken separately, the investment firm shall provide an adequate description of the different components of the agreement or package and the way in which its interaction modifies the risks. ESMA, in cooperation with EBA and EIOPA, shall develop by 3 January 2016, and update periodically, guidelines for the assessment and the supervision of cross- selling practices indicating, in particular, situations in which cross-selling practices are not compliant with obligations laid down in paragraph 1. 12. Member States may, in exceptional cases, impose additional requirements on investment firms in respect of the matters covered by this Article. Such requirements must be objectively justified and proportionate so as to address specific risks to investor protection or to market integrity which are of particular importance in the circumstances of the market structure of that Member State.. Member States shall notify the Commission of any requirement which they intend to impose in accordance with this paragraph without undue delay and at least two months before the date appointed for that requirement to come into force. The notification shall include a justification for that requirement. Any such additional requirements shall not restrict or otherwise affect the rights of investment firms under Articles 34 and 35 of this Directive. The Commission shall within two months from the notification referred to in the second subparagraph provide its opinion on the proportionality of and justification for the additional requirements. The Commission shall communicate to Member States and make public on its website the additional requirements imposed in accordance with this paragraph. Member States may retain additional requirements that were notified to the Commission in accordance with Article 4 of Directive 2006/73/EC before 2 July 2014 provided that the conditions laid down in that Article are met. 13. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 to ensure that 3 c. Article 24 is replaced by the following: "Article 24 General principles and information to clients 1. Member States shall require that, when providing investment services or, where appropriate, ancillary services to clients, an investment firm act honestly, fairly and professionally in accordance with the best interests of its clients and comply, in particular, with the principles set out in this Article and in Article 25. 2. Investment firms which manufacture financial instruments for sale to clients shall ensure that those financial instruments are designed to meet the needs of an identified target market of end clients within the relevant category of clients, the strategy for distribution of the financial instruments is compatible with the identified target market, and the investment firm takes reasonable steps to ensure that the financial instrument is distributed to the identified target market. An investment firm shall understand the financial instruments they offer or recommend, assess the compatibility of the financial instruments with the needs of the clients to whom it provides investment services, also taking account of the identified target market of end clients as referred to in Article 16(3), and ensure that financial instruments are offered or recommended only when this is in the interest of the client. 3. All information, including marketing communications, addressed by the investment firm to clients or potential clients shall be fair, clear and not misleading. Marketing communications shall be clearly identifiable as such. 3a. When providing investment advice, portfolio management, or execution-only services, investment firms (a) shall only be remunerated through charges payable by or on behalf of the client, and shall not solicit or accept any other payments or benefits in relation to these services, regardless of whether it intends to refund the payments or pass the benefits on to the retail client; (b) shall not accept or receive fees, commissions or any benefits paid or provided by any third party of a person acting on behalf of a third party in relation to the provision of the service to the clients. Minor non-monetary benefits that are capable of enhancing the quality of service provided to a client and are of a scale and nature such that they could not be judged to impair compliance with the investment firm’s duty to act in the best interest of the client must be clearly disclosed and are excluded from this point; (c) shall not incentivise staff to recommend a particular financial instrument to a retail client when the firm could offer another that would better meet that client’s needs. 4. Appropriate information shall be provided in good time to clients or potential clients with regard to the investment firm and its services, the financial instruments and proposed investment strategies, execution venues and all costs and related charges. That information shall include the following: (a) when investment advice is provided, the investment firm must, in good time before it provides investment advice, inform the client: (i) whether or not the advice is provided on an independent basis. Where an investment firm informs the client that investment advice is provided on an independent basis, that investment firm shall assessesa sufficient range of third- party financial instruments available on the market which must be sufficiently diverse with regard to their type and issuers or product providers to ensure that the client’s investment objectives can be suitably met and must not be limited to financial instruments issued or provided by the investment firm or other entities with which the investment firm has such close legal or economic relationships, such as contractual relationships, as to pose a risk of impairing the independent basis of the advice provided (ii) whether the advice is provided based on a restricted analysis of different types of financial instruments and, in particular, whether the range is limited to in-house financial instruments issued or provided by entities having close links with the investment firm or any other legal or economic relationships, such as contractual relationships, so close as to pose a risk of impairing the independent basis of the advice provided; (iii) whether the investment firm will provide the client with a periodic assessment of the suitability of the financial instruments recommended to that client; (b) the information on financial instruments and proposed investment strategies must include appropriate guidance on and warnings of the risks associated with investments in those instruments or in respect of particular investment strategies and whether the financial instrument is intended for retail or professional clients, taking account of the identified target market in accordance with paragraph 2; (c) the information on all costs and associated charges must include information relating to both investment and ancillary services, including the cost of advice, where relevant, the cost of the financial instrument recommended or marketed to the client and how the client may pay for it. For the purposes of paragraph 4(a), investment firms should be required to transmit on an annual basis information to national competent authorities about the proportion of third-party financial instruments and the proportion of in- house financial instruments distributed to clients. National competent authorities should be required to transmit this information to ESMA. The information about all costs and charges, including costs and charges in connection with the investment service and the financial instrument, which are not caused by the occurrence of underlying market risk, shall be aggregated to allow the client to understand the overall cost as well as the cumulative effect on return of the investment, and where the client so requests, an itemised breakdown shall be provided. Where applicable, such information shall be provided to the client on a regular basis, at least annually, during the life of the investment. Where the agreement to buy or sell a financial instrument is concluded using a means of distance communication which prevents the prior delivery of the information on costs and charges, the investment firm may provide the information on costs and charges either in electronic format or on paper, where requested by a retail client, without undue delay after the conclusion of the transaction, provided that both of the following conditions are met: (i) the client has consented to receiving the information without undue delay after the conclusion of the transaction; (ii) the investment firm has given the client the option of delaying the conclusion of the transaction until the client has received the information. In addition to the requirements of the third subparagraph, the investment firm shall be required to give the client the option of receiving the information on costs and charges over the phone prior to the conclusion of the transaction. 5. The information referred to in paragraphs 4 and 9 shall be provided in a comprehensible form in such a manner that clients or potential clients are reasonably able to understand the nature and risks of the investment service and of the specific type of financial instrument that is being offered and, consequently, to take investment decisions on an informed basis. Member States may allow that information to be provided in a standardised format. 5a. Investment firms shall provide all information required to be provided by this Directive to clients or potential clients in electronic format, except where the client or potential client is a retail client or potential retail client who has requested receiving the information on paper, in which case that information shall be provided on paper, free of charge. Investment firms shall inform retail clients or potential retail clients that they have the option of receiving the information on paper. Investment firms shall inform existing retail clients that receive the information required to be provided by this Directive on paper of the fact that they will receive that information in electronic format at least eight weeks before sending that information in electronic format. Investment firms shall inform those existing retail clients that they have the choice either to continue receiving information on paper or to switch to information in electronic format. Investment firms shall also inform existing retail clients that an automatic switch to the electronic format will occur if they do not request the continuation of the provision of the information on paper within that eight week period. Existing retail clients who already receive the information required to be provided by this Directive in electronic format do not need to be informed. 6. Where an investment service is offered as part of a financial product which is already subject to other provisions of Union law relating to credit institutions and consumer credits with respect to information requirements, that service shall not be additionally subject to the obligations set out in paragraphs 3, 4 and 5. Where an investment firm informs assess a sufficient range of the investment firm itself or by other entities with which the not accept and retain fees, When providing portfolio 9. Member States shall ensure that investment firms are regarded as not fulfilling their obligations under Article 23 or under paragraph 1 of this Article where they are provided with any non-monetary benefit in connection with the provision of an investment service or an ancillary service, to or by any party except the client or a person on behalf of the client, other than where the payment or benefit: (a) is designed to enhance the quality of the relevant service to the client; and (b) does not impair compliance with the investment firm’s duty to act honestly, fairly and professionally in accordance with the best interest of its clients. The existence, nature and amount of the payment or benefit referred to in the first subparagraph, or, where the amount cannot be ascertained, the method of calculating that amount, must be clearly disclosed to the client, in a manner that is comprehensive, accurate and understandable, prior to the provision of the relevant investment or ancillary service. Where applicable, the investment firm shall also inform the client on mechanisms for transferring to the client the non-monetary benefit received in relation to the provision of the investment or ancillary service. The payment or benefit which enables or is necessary for the provision of investment services, such as custody costs, settlement and exchange fees, regulatory levies or legal fees, and which by its nature cannot give rise to conflicts with the investment firm’s duties to act honestly, fairly and professionally in accordance with the best interests of its clients, is not subject to the requirements set out in the first subparagraph. 9a. Member States shall ensure that the provision of research by third parties to investment firms providing portfolio management or other investment or ancillary services to clients is to be regarded as fulfilling the obligations under paragraph 1 if: (a) before the execution or research services have been provided, an agreement has been entered into between the investment firm and the research provider, identifying the part of any combined charges or joint payments for execution services and research that is attributable to research; (b) the investment firm informs its clients about the joint payments for execution services and research made to the third party providers of research; and (c) the research for which the combined charges or the joint payment is made concerns issuers whose market capitalisation for the period of 36 months preceding the provision of the research did not exceed EUR 1 billion, as expressed by end-year quotes for the years when they are or were listed or by the own-capital for the financial years when they are or were not listed. For the purpose of this Article, research shall be understood as covering research material or services concerning one or several financial instruments or other assets, or the issuers or potential issuers of financial instruments, or as covering research material or services closely related to a specific industry or market such that it informs views on financial instruments, assets or issuers within that industry or market. Research shall also comprise material or services that explicitly or implicitly recommend or suggest an investment strategy and provide a substantiated opinion as to the present or future value or price of financial instruments or assets, or otherwise contain analysis and original insights and reach conclusions based on new or existing information that could be used to inform an investment strategy and be relevant and capable of adding value to the investment firm’s decisions on behalf of clients being charged for that research. 10. An investment firm which provides investment services to clients shall ensure that it does not remunerate or assess the performance of its staff in a way that conflicts with its duty to act in the best interests of its clients. In particular, it shall not make any arrangement by way of remuneration, sales targets or otherwise that could provide an incentive to its staff to recommend a particular financial instrument to a retail client when the investment firm could offer a different financial instrument which would better meet that client’s needs. 11. When an investment service is offered together with another service or product as part of a package or as a condition for the same agreement or package, the investment firm shall inform the client whether it is possible to buy the different components separately and shall provide for a separate evidence of the costs and charges of each component. Where the risks resulting from such an agreement or package offered to a retail client are likely to be different from the risks associated with the components taken separately, the investment firm shall provide an adequate description of the different components of the agreement or package and the way in which its interaction modifies the risks. ESMA, in cooperation with EBA and EIOPA, shall develop by 3 January 2016, and update periodically, guidelines for the assessment and the supervision of cross- selling practices indicating, in particular, situations in which cross-selling practices are not compliant with obligations laid down in paragraph 1. 12. Member States may, in exceptional cases, impose additional requirements on investment firms in respect of the matters covered by this Article. Such requirements must be objectively justified and proportionate so as to address specific risks to investor protection or to market integrity which are of particular importance in the circumstances of the market structure of that Member State. Member States shall notify the Commission of any requirement which they intend to impose in accordance with this paragraph without undue delay and at least two months before the date appointed for that requirement to come into force. The notification shall include a justification for that requirement. Any such additional requirements shall not restrict or otherwise affect the rights of investment firms under Articles 34 and 35 of this Directive. The Commission shall within two months from the notification referred to in the second subparagraph provide its opinion on the proportionality of and justification for the additional requirements. The Commission shall communicate to Member States and make public on its website the additional requirements imposed in accordance with this paragraph. Member States may retain additional requirements that were notified to the Commission in accordance with Article 4 of Directive 2006/73/EC before 2 July 2014 provided that the conditions laid down in that Article are met. 13. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 to ensure that investment firms comply with the principles set out in this Article when providing investment or ancillary services to their clients, including: (a) the conditions with which the information must comply in order to be fair, clear and not misleading; (b) the details about content and format of information to clients in relation to client categorisation, investment firms and their services, financial instruments, costs and charges; (c) the criteria for the assessment of a range of financial instruments available on the market; (d) the criteria to assess compliance of firms receiving inducements with the obligation to act honestly, fairly and professionally in accordance with the best interest of the client. In formulating the requirements for information on financial instruments in relation to point b of paragraph 4 information on the structure of the product shall be included, where applicable, taking into account any relevant standardized information required under Union law. 14. The delegated acts referred to in paragraph 13 shall take into account: (a) the nature of the service(s) offered or provided to the client or potential client, taking into account the type, object, size and frequency of the transactions; (b) the nature and range of products being offered or considered including different types of financial instruments; (c) the retail or professional nature of the client or potential clients or, in the case of paragraphs 4 and 5, their classification as eligible counterparties.
2022/10/20
Committee: ECON
Amendment 40 #

2021/0384(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point –a 2 (new)
Directive 2014/65/EU
Article 27 – paragraph 1 – third suparagraph
(-a2) In paragraph 1, third subparagraph is replaced by the following: "For the purposes of delivering best possible result in accordance with the first subparagraph where there is more than one competing venue to execute an order for a financial instrument, in order to assess and compare the results for the client that would be achieved by executing the order on each of the execution venues listed in the investment firm’s order execution policy that is capable of executing that order, the investment firm’s own commissions and the costs for executing the order on each of the eligible execution venues shall be taken into account in that assessment. Investment firms shall not request or propose to clients to choose a venue for order execution. "
2022/10/20
Committee: ECON
Amendment 178 #

2021/0376(COD)

Proposal for a directive
Recital 31 b (new)
(31 b) Member States should require UCITS management companies and AIFMs to act in such a way as to prevent undue costs from being charged to unit- holders. UCITS management companies and AIFMs should also be required to regularly carry out an annual assessment to demonstrate that they have not charged undue costs to their unit-holders. At the moment, divergent market and supervisory practices exist as what industry and supervisors may consider as ‘due’ or ‘undue’ costs. The lack of a consistent definition of the concept of ‘undue cost’ leaves room for regulatory arbitrage and risks of hampering competition between investment funds in the Union market. Furthermore, it may lead to different levels of investor protection depending on where an investment fund is domiciled. To ensure that UCITS management companies and AIFMs do not charge undue costs to investors, the European Securities and Markets Authority should be required to develop draft regulatory technical standards prescribing a definition of undue costs, including rules for AIFs and UCITS to assess on annual basis whether they have charged undue costs to their unit-holders.
2022/07/04
Committee: ECON
Amendment 239 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 2011/61/EU
Article 7 – paragraph 5 – subparagraph 4 – point d c (new)
(d c) the amount of fees generated by the AIFM and the amount of fees paid to the delegate;
2022/07/04
Committee: ECON
Amendment 259 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/61/EU
Article 13 – paragraph 1
(4 c) the first subparagraph of Article 13(1) is replaced by the following: '1. Member States shall require AIFMs to have remuneration policies and practices for those categories of staff, including senior management, risk takers, control functions, and any employees receiving total remuneration that takes them into the same remuneration bracket as senior management and risk takers, whose professional activities have a material impact on the risk profiles of the AIFMs or of the AIFs they manage, that are consistent with and promote sound and effective risk management, including ESG risks, and do not encourage risk-taking which is inconsistent with the risk profiles, rules or instruments of incorporation of the AIFs they manage'.
2022/07/04
Committee: ECON
Amendment 262 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/61/EU
Article 14a
(4 d) The following Article 14a is inserted: 'Article 14c Fees and undue costs 1. Member States shall prohibit AIFMs from charging performance fees to its unit-holders, except where these performance fees are symmetric 2. Member States shall require AIFMs to act in such a way as to prevent undue costs being charged to the AIFs that they manage. 3. Member States shall require AIFMs to carry out an annual assessment to demonstrate that they have not charged undue costs to the AIF and its unit- holders, including by having regard to at least the following elements: (a) the range and quality of services provided to unit-holders, including where these are provided by third parties; (b) the performance of the AIF, including with reference to other comparable AIF investment funds with similar risk profiles and investment strategies available on the market; (c) the level of charges and cost borne by unitholders, including with reference to other comparable AIF investment funds with similar risk profiles and investment strategies available on the market; (d) whether the AIF management company is able to achieve savings and benefits from economies of scale; 4. In order to ensure a consistent harmonisation and implementation of this Article by Member States, ESMA should be required to develop by ... [12 months after the entry into force of this Directive] draft regulatory technical standards to specify the scope of the ban on performance-related fees, a definition for undue costs and the procedures for the purpose of carrying out the assessment on undue costs in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
2022/07/04
Committee: ECON
Amendment 356 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)
Directive 2011/61/EU
Article 30 – paragraph 3 a (new)
(10 b) In Article 30, the following paragraph is added: '3a. The Commission shall adopt benchmarks for long-term financial solvency of target companies that are subject to leveraged buy-out operations by AIF. The benchmarks shall contain a combination of four indicators, which consist of: (a) debt service cover (the ratio of cash flow to total debt service); (b) total leverage “dynamic gearing 1” (the ratio of consolidated EBITDA to net cash interest); (c) dynamic gearing 2 (the ratio of net debt to free cash flow); (d) equity ratio (the ratio of equity to total capital). Target companies shall comply with all four indicators and shall conduct regular solvency tests. Dividend payouts shall be limited to one disbursement per year and shall not exceed earnings. In the event of negative solvency there shall be no dividend payout. '
2022/07/04
Committee: ECON
Amendment 360 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2011/61/EU
Article 35 – paragraph 2 – point c
(c) the third country where the non-EU AIF is established has signed an agreement with the home Member State of the authorised AIFM and with each other Member State in which the units or shares of the non-EU AIF are intended to be marketed, which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements, and the third country is not mentioned in Annex I or Annex II to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes54 .; __________________ 54 OJ C 64, 27.2.2020, p. 8.
2022/07/04
Committee: ECON
Amendment 363 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2011/61/EU
Article 36 – paragraph 1 – point d
(d) the third country where the non-EU AIF is established has signed an agreement with the home Member State of the authorised AIFM and with each other Member State in which the units or shares of the non-EU AIF are intended to be marketed, which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements, and that third country is not mentioned in Annex I or Annex II to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes.;
2022/07/04
Committee: ECON
Amendment 368 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2011/61/EU
Article 37 – paragraph 7 – point f
(f) the third country where the non-EU AIFM is established has signed an agreement with the Member State of reference, which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements and the third country is not mentioned in Annex I or Annex II to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes.;
2022/07/04
Committee: ECON
Amendment 378 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2011/61/EU
Article 40 – paragraph 2 – point c
(c) the third country where the non-EU AIF is established has signed an agreement with the Member State of reference and with each other Member State in which the units or shares of the non-EU AIF are intended to be marketed which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters including any multilateral tax agreements, and the third country is not mentioned in Annex I or Annex II to the Council conclusions of 2020 on the revised EU list on non- cooperative jurisdictions for tax purposes.;
2022/07/04
Committee: ECON
Amendment 382 #

2021/0376(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive 2011/61/EU
Article 42 – paragraph 1 – point d
(d) the third country where the non-EU AIF or non-EU AIFM is established has signed an agreement with the Member State in which the units or shares of the non-EU AIF are intended to be marketed, which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements, and that third country is not mentioned in Annex I or Annex II to the Council conclusions of 2020 on the revised EU list on non- cooperative jurisdictions for tax purposes.;
2022/07/04
Committee: ECON
Amendment 449 #

2021/0376(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 3 – subparagraph 2 – point d c (new)
(d c) The amount of fees generated by the management company and the amount of fees paid to the delegate
2022/07/04
Committee: ECON
Amendment 470 #

2021/0376(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2009/65/EC
Article 14a – paragraph 1
(3 b) Article 14a(1) is replaced by '1. Member States shall require management companies to establish and apply remuneration policies and practices that are consistent with, and promote, sound and effective risk management, including ESG risks, and that neither encourage risk taking which is inconsistent with the risk profiles, rules or instruments of incorporation of the UCITS that they manage nor impair compliance with the management company’s duty to act in the best interest of the UCITS.
2022/07/04
Committee: ECON
Amendment 471 #

2021/0376(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Directive 2009/65/EC
Article 14b – paragraph 1
(3 c) Article 14b(1) is amended as follows: (a) point (a) is replaced by the following: '(a) the remuneration policy is consistent with and promotes sound and effective risk management, including ESG risks, and does not encourage risk taking which is inconsistent with the risk profiles, rules or instruments of incorporation of the UCITS that the management company manages; ' (b) point (b) is replaced by the following: '(b) the remuneration policy is in line with the business and sustainability strategy, objectives, values and interests of the management company and the UCITS that it manages and of the investors in such UCITS, and includes measures to avoid conflicts of interest; ' (c) point (g) is replaced by the following: '(g) where remuneration is performance- related, the total amount of remuneration is based on a combination of the assessment as to the performance of the individual and of the business unit or UCITS concerned and as to their risks and of the overall results of the management company when assessing individual performance, taking into account financial and non-financial criteria; in equal measure;' (d) point (l) is replaced by the following: '(l) the measurement of performance used to calculate variable remuneration components or pools of variable remuneration components includes a comprehensive adjustment mechanism to integrate all relevant types of current and future risks; , including climate and transition risks;' (e) point (r) is replaced by the following: '(r) variable remuneration is not paid through vehicles or methods that facilitate the avoidance of the requirements laid down in this Directive. or have the effect of reducing the tax liability of the employee'
2022/07/04
Committee: ECON
Amendment 533 #

2021/0376(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Directive 2009/65/EC
Article 89a (new)
(8 a) The following Article 89a is inserted: ‘Article 89a Undue Costs 1. Member States shall require management companies to act in such a way as to prevent undue costs being charged to the UCITS and its unit- holders. 2. Member States shall require management companies to carry out an annual assessment to demonstrate that they have not charged undue costs to the UCITS and its unit-holders, including by having regard to at least the following elements: (a) the range and quality of services provided to unitholders, including where these are provided by third parties; (b) the performance of the UCITS investment fund, including with reference to other comparable UCITS investment funds with similar risk profiles and investment strategies available on the market; (c) the level of charges and cost borne by unitholders, including with reference to other comparable UCITS investment funds with similar risk profiles and investment strategies available on the market; (d) whether the UCITS management company is able to achieve savings and benefits from economies of scale; 3. In order to ensure a consistent harmonisation and implementation of this Article by Member States, ESMA should be required to develop draft regulatory technical standards to specify a definition for undue costs and the procedures for the purpose of carrying out the assessment on undue costs in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No1095/2010.’
2022/07/04
Committee: ECON
Amendment 534 #

2021/0376(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
Directive 2009/65/EC
Article 90a (new)
(8 b) The following article 90a is inserted: 'Article 90a Member States shall prohibit UCITS management companies from charging performance fees to its unit-holders, except where these performance fees are symmetric.'
2022/07/04
Committee: ECON
Amendment 558 #

2021/0376(COD)

Proposal for a directive
Annex I a (new)
Direcitve 2011/61/EU
Annex II – paragraph 1
Annex Ia Paragraph 1 of Annex II is amended as follows: (a) point (a) is replaced by: '(a) the remuneration policy is consistent with and promotes sound and effective risk management , including ESG risks, and does not encourage risk- taking which is inconsistent with the risk profiles, rules or instruments of incorporation of the AIFs they manage;. (b) point (b) is replaced by: '(b) the remuneration policy is in line with the business and sustainability strategy, objectives, values, and interests of the AIFM and the AIFs it manages or the investors of such AIFs, and includes measures to avoid conflicts of interest; ' (c) point (g) is replaced by: '(g) where remuneration is performance related, the total amount of remuneration is based on a combination of the assessment of the performance of the individual and of the business unit or AIF concerned and of the overall results of the AIFM, and when assessing individual performance, financial as well asnd non-financial criteria are taken into account; in equal measure;' (d) point (l) is replaced by: '(l) the measurement of performance used to calculate variable remuneration components or pools of variable remuneration components includes a comprehensive adjustment mechanism to integrate all relevant types of current and future risks; , including climate and transition risks' (e) point (r) is replaced by: '(r) variable remuneration is not paid through vehicles or methods that facilitate the avoidance of the requirements of this Directive. or that have the effect of reducing the tax liability of the employee.'
2022/07/04
Committee: ECON
Amendment 36 #

2021/0366(COD)

Proposal for a regulation
Recital 18
(18) As a member of World Trade Organisation (WTO), the Union is committed to promoting a universal, rule- based, open, transparent, predictable, inclusive, non-discriminatory and equitable multilateral trading system under the WTO, as well as an open, sustainable, and assertive trade policy. The scope of this Regulation will therefore include both commodities and products produced within the Union and commodities and products imported to the Union, and therefore this Regulation must comply with WTO’s rules, and the measures listed in this regulation shall not be more trade- restrictive than necessary to fulfil the legitimate objective.
2022/03/31
Committee: AGRI
Amendment 59 #

2021/0366(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) reducing the European Union’s contribution to greenhouse gas emissions and global biodiversity loss caused by deforestation.
2022/03/31
Committee: AGRI
Amendment 62 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agricultural use, which would decrease the carbon sequestration of the land, whether human- induced or not; and excludes smaller than 0,5-hectare conversion of forest to agricultural use once per parcel by small and medium-sized enterprises.
2022/03/31
Committee: AGRI
Amendment 71 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means harvesting operations that are not sustainable and cause according to national legislation of the country of harvest and cause irreversible reduction or loss of the biological or economic productivity and complexity of forest ecosystems, due to forest use by humans, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other products or services; and where, after final felling, the site is not regenerated naturally or artificially, such as planting or seeding, as part of the forest management practices, leading to an overall decrease of forest growth on national level.
2022/03/31
Committee: AGRI
Amendment 77 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘sustainable harvesting operations’ means harvesting that is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats;deleted
2022/03/31
Committee: AGRI
Amendment 84 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation after December 31, 2020the entry into force of the Regulation, and
2022/03/31
Committee: AGRI
Amendment 88 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
(b) that the wood has been harvested from the forest without inducing forest degradation after December 31, 2020the entry into force of the Regulation;
2022/03/31
Committee: AGRI
Amendment 96 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, harvested, raised, fed from or obtained on relevant plot of lan or fed;
2022/03/31
Committee: AGRI
Amendment 97 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevant commodities or products showing no cause for concern; certified commodities are considered to belong to the scope of application of negligible risk;
2022/03/31
Committee: AGRI
Amendment 99 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 19
(19) ‘plot of land’ is an extension of land within a single real-estate property, as recognised by the laws of the country of production, and which enjoys sufficiently homogeneous conditions as to allow to evaluate on the aggregate level the risk of deforestation and forest degradation associated with commodities produced on that extension of land;deleted
2022/03/31
Committee: AGRI
Amendment 113 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Operators that have received new evidence-based information, including substantiated concerns, that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
2022/03/31
Committee: AGRI
Amendment 128 #

2021/0366(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) quantity (expressed in net mass and volume, or number of units) of the relevant commodities andor products;
2022/03/31
Committee: AGRI
Amendment 130 #

2021/0366(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of land where the relevant commodities and products were produced, as well as date or time range of production(d) evidence through the due diligence system that the material for the product or commodity that has entered to the production chain has not caused deforestation, following the requirements of the competition legislation demonstrating that exact geo localisation coordinates of plot of lands is only known by the first operator in the chain; and taking into account that assortments may be mixed during the process;
2022/03/31
Committee: AGRI
Amendment 142 #

2021/0366(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The Commission may adopt delegatedimplementing acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained that may be necessary to ensure the effectiveness of the due diligence system.
2022/03/31
Committee: AGRI
Amendment 147 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest degradation in the country, region and area of production of the relevant commodity or product;deleted
2022/03/31
Committee: AGRI
Amendment 154 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) the complexity of the relevant supply chain, in particular difficulties in connecting the supply chain commodities and/or products to the plot of land where they were produced;
2022/03/31
Committee: AGRI
Amendment 160 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraphs 2, 4 and 6 as regards relevant information to be obtained, risk assessment criteria and risk mitigation measures that may be necessary to supplement those referred to in this Article to ensure the effectiveness of the due diligence system.
2022/03/31
Committee: AGRI
Amendment 182 #

2021/0366(COD)

Proposal for a regulation
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least, as defined in the risk-based approach, cover both 5% of the operators that are placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 5% ofnd the quantity of each of the relevant commodities placed or made available on or exported from their market.
2022/03/31
Committee: AGRI
Amendment 227 #

2021/0366(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Natural or legal persons shall be entitled to submit substantiated concerns to competent authorities when they deem, based on objective circumstacollected and sufficient evidences, that one or more operators or traders are failing to comply with the provisions of this Regulation.
2022/03/31
Committee: AGRI
Amendment 228 #

2021/0366(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Competent authorities shall diligently and impartially assess the substantiated concercollected and sufficient evidence, that is required in the existing legislation or competent authorities’ instructions, and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation.
2022/03/31
Committee: AGRI
Amendment 233 #

2021/0366(COD)

Proposal for a regulation
Article 29 – paragraph 3 a (new)
3 a. The substantiated concern system shall not cause excessive administrative burden for the competent authority.
2022/03/31
Committee: AGRI
Amendment 246 #

2021/0366(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3
3. Country of production and all plots of land of production, including geo- localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of land, theEvidence through the due diligence system that the material for the product or commodity that has entered to the production chain has not caused deforestation, following the requirements of the competition legislation demonstrating that exact geo- localisation coordinates of all different plots of land shall be includedplot of lands is only known by the first operator in the chain; and taking into account that assortments may be mixed during the process;
2022/03/31
Committee: AGRI
Amendment 291 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) forest degradation’ means harvestingforest management operations that are not sustainable and cause agiven national circumstances and that cause an irreversible reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction, over a period of time longer than one forest rotation, of the overall supply of benefits from forests, which includes wood, biodiversity and other products or services; and where, after final felling, the site is not regenerated through planting or natural regeneration, or a combination of these, resulting in an overall decrease of forest growth;
2022/04/29
Committee: ENVI
Amendment 320 #

2021/0366(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) sustainable harvesting operations’ means harvesting that is carried out considering maintenance of soil quality and biodiversity with the aim offorest management’ means the stewardship and use of forests in a way that minimisinges negative impacts, in a way that avoids harvesting of stumps and roots,avoids degradation of primary forests or their conversion into either plantation forests, and harvesting on vulnerable soils; or agricultural land, and mainimises large clear-cuts and ensures locally appropriate thresholds for deadwood exttains forest biodiversity, productivity, regeneraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaccapacity and their potential to fulfil relevant ecological, economic and social functions, at local, national, and on biodiversity features and habitatglobal levels, and that does not cause damage to other ecosystems;
2022/04/29
Committee: ENVI
Amendment 141 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive 2013/36/EU
Article 3 – paragraph 1 – point 9a
(9a) ‘key function holders’ means persons who have significant influence over the direction of the institution but are not members of the management body, including the heads of internal control functions and the chief financial officer, where those heads or that officer are not members of the management body, and the AML Compliance Officer referred to in Article 9(3) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final];
2022/08/22
Committee: ECON
Amendment 196 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27b – paragraph 3 – subparagraph 2
For the purposes of this paragraph and Article 23(2), and with regard to the criterion laid down in paragraph 1, point (c), an objection in writing by the authorities competent for the supervision of the undertakings under Directive (EU) 2015/849 shall constitute a reasonable ground for opposition.
2022/08/22
Committee: ECON
Amendment 200 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27b – paragraph 7 – subparagraph 1 – point b
(b) a common assessment methodology of the criteria set out in this Article, Article 27g and Article 27l;deleted
2022/08/22
Committee: ECON
Amendment 201 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27b – paragraph 7a (new)
7 a. EBA shall issue guidelines to specify a common assessment criteria set out in this Article, Article 27g and Article 27l. The EBA shall issue those guidelines by [OP please insert the date = 12 months from date of entry into force of this amending Directive].
2022/08/22
Committee: ECON
Amendment 209 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27g – paragraph 3 – subparagraph 2
With regard to the criterion laid down in paragraph 1, point (b), an objection in writing by the competent authorities under Directive (EU) 2015/849 shall constitute a reasonable ground for opposition.
2022/08/22
Committee: ECON
Amendment 232 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27l – paragraph 3 – subparagraph 2
With regard to the criterion laid down in paragraph 1, point (f), an objection in writing by the authorities competent for the supervision of the undertakings in line with Directive (EU) 2015/849 shall constitute a reasonable ground for negative opinion.
2022/08/22
Committee: ECON
Amendment 312 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48o – paragraph 6 – subparagraph 1 – point b
(b) the mechanisms for cooperation and information exchange between the authorities referred to in paragraph 5 of this Article, in the context of identifying serious breaches of anti-money laundering rules.deleted
2022/08/22
Committee: ECON
Amendment 313 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48oa (new)
Article 48oa Guidelines on cooperation with authorities responsible for supervision of anti-money laundering EBA shall, after consulting the European Data Protection Board, issue guidelines on the the mechanisms for cooperation and information exchange between competent authorities and a) the authorities responsible for supervision of anti-money laundering in the Member State in accordance with Directive (EU) 2015/849 in the context of the application of Articles 27b (2), 48c (4) and 48d (4); b) the authorities referred to in paragraph 5 of Article 48o, in the context of identifying serious breaches of anti- money laundering rules. The EBA shall issue those guidelines by [OP please insert the date = 12 months from date of entry into force of this amending Directive].
2022/08/22
Committee: ECON
Amendment 391 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2013/36/EU
Article 91 – paragraph 1 – subparagraph 1
1. Institutions and financial holding companies and mixed financial holding companies, as approved pursuant to Article 21a(1),(“the entities”), shall have the primary responsibility for ensuring that members of the management body are at all times of good repute, act with honesty, integrity and independence and possess sufficient knowledge, skills and experience to perform their duties and fulfil the requirements set out in paragraphs 2 to 8 of this Article. The absence of a criminal conviction or of ongoing prosecutions for a criminal offence shall not in itself be sufficient to fulfil the requirement to be of good repute and act with honesty and integrity.
2022/08/22
Committee: ECON
Amendment 396 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2013/36/EU
Article 91 – paragraph 12 – subparagraph 1 – point e a (new)
(ea) the criteria to determine where there are reasonable grounds to suspect that money laundering or terrorist financing within the meaning of Article 1 of Directive (EU) 2015/849 is being or has been committed or attempted, or there is increased risk thereof in connection with an institution;
2022/08/22
Committee: ECON
Amendment 397 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2013/36/EU
Article 91 – paragraph 12 – subparagraph 1 a (new)
For the purpose of developing the guidelines laid down in paragraph (ea), EBA shall work in close cooperation with the Anti-Money Laundering Authority and the European Securities and Markets Authority.
2022/08/22
Committee: ECON
Amendment 417 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 2
However, where it is strictly necessary to replace a member of the management body immediately, the entities may assess the suitability of such replacement members after they have taken up their positions. The entities shall be able to duly justify the need for such immediate replacement, and carry out a full assessment after the replacement members have taken up their positions.
2022/08/22
Committee: ECON
Amendment 430 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 1
3. Competent authorities shall acknowledge in writing the receipt of the application and the documentation required in accordance with paragraph 2 within two working daysas soon as possible.
2022/08/22
Committee: ECON
Amendment 432 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 1 a (new)
Competent authorities may consult, in the context of their verifications, and on a risk-sensitive basis, the authorities competent for the supervision of anti- money laundering in line with Directive (EU) 2015/849 and provide them with all the relevant information concerning the members of the management body. Competent authorities may also consult the Central AML/CFT database referred to in Article 11 of Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final].
2022/08/22
Committee: ECON
Amendment 446 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
4. Competent authorities that request from the entities additional information or documentation, including from the entities or other authorities or which conduct interviews or hearings, may extend the assessment period for a maximum of 40 working days. However, the assessment period shall not exceed 120 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities. Failure by the entities to provide the requested information within this deadline shall result in the procedure being closed without any further assessment by the competent authority. The closure of the procedure shall be without prejudice to the possibility for the entity to submit a new application.
2022/08/22
Committee: ECON
Amendment 461 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 6
6. CWhere the competent authorities shall not reassessy becomes aware that relevant information concerning the suitability of the members of the management body when their mandate is renewed, unless relevant information that is known to competent authorities has changed and such change may affecthas changed and such change may affect the suitability of the member concerned, the competent authority shall reassess the suitability of the member of the management. Competent authorities shall not automatically reassess the suitability of the member concernmembers of the management body when their mandate is renewed.
2022/08/22
Committee: ECON
Amendment 465 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 7 – point b
(b) suspend or remove such members from the management body;
2022/08/22
Committee: ECON
Amendment 477 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 8 – subparagraph 2
However, where it is strictly necessary to replace a member of the management body immediately, competent authorities may carry out the suitability assessment of members of the management body after they take up their positions. The entities shall be able to duly justify the need for such immediate replacement.
2022/08/22
Committee: ECON
Amendment 480 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 10 – subparagraph 1
10. EBA shall develop draft implementing technical standards on standard forms, templates and procedures for the provision of the information referred to in paragraph 2. When developing the draft implementing technical standards, EBA shall take into account existing practices and tools.
2022/08/22
Committee: ECON
Amendment 487 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 3 – subparagraph 1
3. Competent authorities shall acknowledge in writing the receipt of the application and the documentation required in accordance with paragraph 2 within two working daysas soon as possible.
2022/08/22
Committee: ECON
Amendment 489 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 3 – subparagraph 1 a (new)
Competent authorities may consult, in the context of their verifications, and on a risk-sensitive basis, the authorities competent for the supervision of anti- money laundering in line with Directive (EU) 2015/849 and provide them with all the relevant information concerning the members of the management body. Competent authorities may also consult the Central AML/CFT database referred to in Article 11 of Regulation [please insert reference – proposal for establishment of an Anti-Money Laundering Authority - COM/2021/421 final].
2022/08/22
Committee: ECON
Amendment 492 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 4
4. Competent authorities that request additional information or documentation from the entities referred to in paragraph 1 additional information or documentation, includingor from other authorities or which conduct interviews or hearings, may extend the assessment period for maximum 40 working days. However, the assessment period shall not exceed 120 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities referred to paragraph 1 shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities. Failure by the entities to provide the requested information within this deadline shall result in the procedure being closed without any further assessment by the competent authority. The closure of the procedure shall be without prejudice to the possibility for the entity to submit a new application.
2022/08/22
Committee: ECON
Amendment 497 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 5
5. As soon as any new facts or other issues that may affect the suitability of the member of the management bodyheads of internal control functions and the chief financial officer are known to the entities referred to in paragraph 1 or the relevant member of the management body, the entities referred to in that paragraph shall inform without undue delay the relevant competent authorities thereof. Where the competent authority becomes aware that relevant information concerning the suitability of the heads of internal control functions and the chief financial officer has changed and such change may affect the suitability of the heads or officer concerned, the competent authority shall reassess their suitability.
2022/08/22
Committee: ECON
Amendment 498 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 6 – point b
(b) suspend or remove such heads or officer;
2022/08/22
Committee: ECON
Amendment 500 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
8. EBA shall develop draft implementing technical standards on standard forms, templates and procedures for the provision of the information referred to in paragraph 2. When developing the draft implementing technical standards, EBA shall take into account existing practices and tools.
2022/08/22
Committee: ECON
Amendment 502 #

2021/0341(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 8 a (new)
8a. EBA shall issue guidelines on the fulfilment of the requirements of Article 91 (c). The EBA shall issue those guidelines by [OP please insert the date = 12 months from date of entry into force of this amending Directive].
2022/08/22
Committee: ECON
Amendment 46 #

2021/0296(COD)

Proposal for a directive
Recital 14 a (new)
(14 a) Mutual and mutual-type insurance undertakings do not have any external owners, which may lead to policy holders being negatively affected and becoming financially liable should those undertakings fail. In order to protect policy holders, avoid legal difficulties and ensure the proportionate application of this Directive, authorities should be equipped with resolution tools adapted to insurance undertakings’ specific legal form. Those tools should be as similar to the tools listed in this Directive as possible to safeguard the smooth operation of the internal market, while averting significant negative effects for policy holders.
2022/07/18
Committee: ECON
Amendment 170 #

2021/0296(COD)

Proposal for a directive
Article 26 – paragraph 3 a (new)
3 a. Member States shall ensure that, to the extent that any of the resolution tools listed in paragraph 3 of this Article are not applicable to an undertaking or entity, covered by this Directive, as a result of its specific legal form, resolution authorities shall be equipped with resolution tools which are as similar as possible, including in terms of their effects.
2022/07/18
Committee: ECON
Amendment 227 #

2021/0295(COD)

Proposal for a directive
Recital 11 a (new)
(11 a) By way of derogation from the automatic benefit from proportionality measures, where supervisory authorities have concerns in relation to the risk profile of an individual low-risk profile undertaking, the supervisory authorities should have the power to request the undertaking concerned to refrain from using one or several proportionality measures. Such power could be used where they identify that the risk profile of an undertaking changes significantly, as a result of a material deterioration of its solvency position, a deficiency in the functioning of its governance or a material change in the activities of the undertaking.
2022/08/01
Committee: ECON
Amendment 238 #

2021/0295(COD)

Proposal for a directive
Recital 22
(22) IWhere requested by the national supervisory authority, insurance and reinsurance undertakings should factor any relevant macroprudential information provided by the supervisory authorities in their own- risk and solvency assessment. In order to ensure a consistent application of such additional macroprudential measures, EIOPA should develop guidelines regarding its scope of application that specify the criteria to be taken into account by national supervisory authorities when identifying the undertaking to which the measure applies. To ensure that the assessment of macroprudential risks is holistic in nature, these guidelines should provide methods and indicators for national supervisory authorities to weigh and combine the relevant criteria when selecting the addressees of the requests for additional macro-prudential measures, without setting prescriptive thresholds in relation to individual criteria. The supervisory authorities should analyse the own-risk and solvency assessment supervisory reports of undertakings within their jurisdictions, aggregate them and provide input to undertakings on the elements that should be considered in their future own-risk and solvency assessments, particularly as regards macroprudential risks. Member States should ensure that, where they entrust an authority with a macroprudential mandate, the outcome and the findings of macroprudential assessments by the supervisory authorities are shared with that macroprudential authority.
2022/08/01
Committee: ECON
Amendment 240 #

2021/0295(COD)

Proposal for a directive
Recital 22 a (new)
(22 a) Supervisory authorities should have the power to set a capital add-on to address one or more entity, activity-, or behaviour-based sources of systemic risk. Supervisory authorities should have the discretion to make use of this tool, whenever they deem it necessary to mitigate an identified systemic risk or the build-up thereof. They should clearly document the rationale for the add-on, apply it in a proportionate way and only as long as the conditions that lead to the application of the add-on remain in force. Supervisory authorities must also take into account procyclical effects when considering the use of this tool. In order to assist consistent conditions of application and avoid inconsistent use across the Union, the Commission should adopt a delegated act on the procedures for decisions to trigger, set, calculate and remove capital add-on for systemic risk.
2022/08/01
Committee: ECON
Amendment 251 #

2021/0295(COD)

Proposal for a directive
Recital 31
(31) The burden of the auditing requirement does not seem to be justified for low-risk profile undertakings, which are not expected to be relevant for the financial stability of the Union and whose policyholders are not numerous. One of the criteria that low-risk profile undertakings are required to meet is that they be small in size. To alleviate this burden, an exclusion from this requirement should be granted.deleted
2022/08/01
Committee: ECON
Amendment 254 #

2021/0295(COD)

Proposal for a directive
Recital 32
(32) It should be acknowledged, that, although beneficial, the auditing requirement would be an additional burden for every undertaking. Therefore, annual reporting and disclosure deadlines for insurance and reinsurance undertakings and for insurance and reinsurance groups should be extended in order to give those undertakings sufficient time to produce audited reports.deleted
2022/08/01
Committee: ECON
Amendment 259 #

2021/0295(COD)

Proposal for a directive
Recital 36 a (new)
(36 a) Where the undertaking invests in debt instruments which have a better credit quality than the debt instruments contained in the representative portfolio for the calculation of the volatility adjustment, the volatility adjustment may overcompensate the loss of own funds caused by widening bond spreads and may lead to undue volatility in the own funds. With the objective to offset the artificial volatility caused by such overcompensations, in these cases undertakings should be able to apply for a modification of the volatility adjustment that takes into account information on the undertaking specific investments in debt instruments.
2022/08/01
Committee: ECON
Amendment 290 #

2021/0295(COD)

Proposal for a directive
Recital 77 a (new)
(77 a) When adopting the Delegated Act on the Preferential treatment for long- term investments in equity, the Commission shall ensure that this treatment is granted only under strict conditions in terms of fight against money laundering, terrorist financing and tax evasion, aiming at protecting the Union financial system and the proper functioning of the internal market. Therefore, a sub-set of equity investments may be treated as long term equity investments provided that this equity is not issued by companies which have the parent company, subsidiaries or branches in a third country, which is mentioned in Annex I or Annex II to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes, or in the Delegated Regulation in relation to third countries which have strategic deficiencies in their AML/CFT regimes that pose significant threats to the financial system of the Union ('high-risk third countries'), stemming from Article 9 of Directive (EU) 2015/849.
2022/08/01
Committee: ECON
Amendment 303 #

2021/0295(COD)

Proposal for a directive
Recital 82 a (new)
(82 a) The supervision of phasing-in plans for the transitional measures on risk-free interest rates and on technical provisions should be improved, in particular by strengthening the power of the supervisor to withdraw those transitional measures where progress towards compliance with the Solvency Capital Requirement at the end of the transitional period is not achieved or where such compliance is unrealistic. In particular, the compliance could be considered unrealistic where it is based on the assumption that the situation of financial markets at the end of the transitional period is improved compared to the situation at the time of the assessment.
2022/08/01
Committee: ECON
Amendment 308 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2009/138/EC
Article 4 – paragraph 1 – point a
(a) the undertaking’s annual gross written premium does not exceed EUR 150 000 000;
2022/08/01
Committee: ECON
Amendment 310 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2009/138/EC
Article 4 – paragraph 1 – point b
(b) the total of the undertaking’s technical provisions, gross of the amounts recoverable from reinsurance contracts and special purpose vehicles, as referred in Article 76, does not exceed EUR 540 000 000;;
2022/08/01
Committee: ECON
Amendment 327 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 a (new)
(41a) ‘gender neutral remuneration policy’ means a remuneration policy based on equal pay for male and female workers for equal work or work of equal value;
2022/08/01
Committee: ECON
Amendment 352 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2009/138/EC
Article 29 – paragraph 6
6. In order to ensure consistent supervisory practices in the application of proportionality, EIOPA shall develop guidelines to facilitate common supervisory tools and further specifying the methodology to be used when classifying insurance and reinsurance undertakings as low-risk profile undertakings.; EIOPA shall review and update these guidelines every second year.
2022/08/01
Committee: ECON
Amendment 353 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a
[…] 1. Member States shall ensure that insurance and reinsurance undertakings are classified as low-risk profile undertakings, according to the process set out in Article 29b, where, in the last two consecutive financial years prior to such classification, they meet all the following seven criteria: (a) Life undertakings whose ratio of the gross SCR for interest rate risk submodule over the gross technical provisions is not higher than 5%. This criterion applies to undertakings pursuing both life and non-life insurance activities only when the life business is material; (b) Life undertakings, excluding the index/unit linked business, whose investment returns is higher than the average guaranteed interest rates and non-life undertakings whose combined ratio is less than 100 percent. Undertakings pursuing both life and non- life insurance activities are required to fulfil both criteria for life or non-life business. In case one of the two type of business is not material, composite undertakings are not required to apply the criteria regarding that type of business; (c) Undertakings not underwriting more than 5% of annual gross written premiums outside of its home jurisdiction; (d) Life-undertakings with gross technical provision not higher than EUR 1 000 000 000 and non-life undertakings with gross written premiums (GWP) not higher than EUR 100 000 000. Undertakings pursuing both life and non-life insurance activities are required to fulfil both the above mentioned criteria; (e) Non-life and composite undertakings not underwriting more than 30% of the annual gross written premiums in Marine, Aviation and transport or Credit and Suretyship lines of business; (f) Undertakings not investing in non- traditional investments more than 20% of their total investments(i.e. traditional investments should account for at least 80% of the total investments). For the purpose of this point, traditional investments are considered bonds, equities, cash and cash equivalents and deposits and total investments are considered all the investments excluding investments covering unit-index linked contracts, excluding Property (for own use), excluding Plant and equipment (for own use) Property (under construction for own use) and including derivatives; (g) Undertakings whose accepted reinsurance, measured by gross written premium, is not higher than 50%.
2022/08/01
Committee: ECON
Amendment 382 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29b – paragraph 2 – point b
(b) a declaration that the undertaking does not plan any strategic change that would lead to non-compliance with the criteria set out in Article 29a within the next threfive years;
2022/08/01
Committee: ECON
Amendment 386 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29c – paragraph 1
1. Member States shall ensure that, without prejudice to specific requirements set out in each proportionality measure, insurance and reinsurance undertakings classified as low-risk profile undertakings may make use allof the proportionality measures provided for in Article 35(5a), Article 41, ,Article 45(1b), Article 45(5), Article 45a(5), Article 51(6), Article 51a(1), Article 77(7) and Article144a(4), and any proportionality measure provided for in the delegated acts adopted pursuant to this Directive.
2022/08/01
Committee: ECON
Amendment 388 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29c – paragraph 2
2. WBy way of derogation from paragraph 1, where the supervisory authority has serious concerns in relation to the risk profile of a low-risk profile undertaking, the supervisory authority may, in exceptional circumstances, request the undertaking concerned to refrain from using one or several proportionality measures listed in paragraph 1 provided this is justified in writing on consideration of the impact on the organisation of the undertaking and the specificities or change of its risk profilewith reference to the specific concerns relating to the risk profile of the undertaking. This power may be exercised where the serious concerns relate to: (a) the undertaking’s solvency position, assessed with and without the use of any of the transitional measures referred to in Article 77a(2), Article 308c, Article 308d and, where relevant, Article 111(1), [second] subparagraph; or (b) severe deficiencies in the functioning of the undertaking’s system of governance; or (c) material changes in the activities of the undertaking that affect the undertaking’s compliance with any of the criteria set out in Article 29a(1).
2022/08/01
Committee: ECON
Amendment 410 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive 2009/138/EC
Article 35a – paragraph 5a – subparagraph 2 – point a
(a) every three years, for low-risk profile undertakings. In exceptional circumstances and based on duly justified reasons, a supervisory authority may require low risk profile undertakings to report more frequently;
2022/08/01
Committee: ECON
Amendment 414 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 1 – subparagraph 2
That limitation to regular supervisory reporting shall be granted only to undertakings that collectively do not represent more than 20 % of a Member State’s life and non-life insurance and reinsurance market respectively, where the non-life market share is based on gross written premiums and the life market share is based on gross technical provisions.
2022/08/01
Committee: ECON
Amendment 416 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 1 – subparagraph 3
When determining the eligibility of undertakings for those limitations, supervisory authorities shallmay give priority to low-risk profile undertakings.
2022/08/01
Committee: ECON
Amendment 420 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 17
Directive 2099/138/EC
Article 35a – paragraph 2 – subparagraph 3
The exemption from reporting on an item- by-item basis shall be granted only to undertakings that collectively do not represent more than 20 % of a Member State’s life and non-life insurance or reinsurance market respectively, where the non-life market share is based on gross written premiums and the life market share is based on gross technical provisions. When determining the eligibility of undertakings for those limitations or exemptions, supervisory authorities shall give priority to low-risk profile undertakings.
2022/08/01
Committee: ECON
Amendment 425 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point a
Directive 2009/138/EC
Article 37 – paragraph 1 – point e
(e) the insurance or reinsurance undertaking applies one ofthe matching adjustment referred to in Article 77b, the volatility adjustment referred to in Article 77d or the transitional measures referred to in Articles 308c and 308d and all of the following conditions are met: (i)the supervisory authority concludes that the risk profile of theat undertaking would not comply with the Solvency Capital Requirement without application of the transitional measure; (ii) the undertaking has failed to submit to the supervisory authority either the initial phasing-in plan within the required period as set out in of Article 308e, second paragraph, or the required annual report as set out the third paragraph of that Articledeviates significantly from the assumptions underlying those adjustments and transitional measures. With regard to the transitional measures referred to in Articles 308c and 308d this would include the situation where the supervisory authority has not yet received a realistic phasing-in plan required in Article 308(e), or a realistic update thereof.
2022/08/01
Committee: ECON
Amendment 427 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Directive 2009/128/EC
Article 37a (new)
(20 a) the following Article 37a is inserted: ‘Article 37a Macroprudential capital add-on Member States shall ensure that supervisory authorities, in agreement with EIOPA, should be able to impose a capital add-on for system risk, when they assess activity or behaviour based sources of systemic risk. The Commission shall adopt a delegated act to define under which conditions supervisory authorities are empowered to impose this capital add- on, on the procedures for decisions to trigger, set, calculate and remove capital add-ons for systemic risk.’
2022/08/01
Committee: ECON
Amendment 434 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c
Directive 2009/138/EC
Article 41 – paragraph 3 – subparagraph 1
3. Insurance and reinsurance undertakings shall have written policies in relation to at least risk management, internal control, internal audit, remuneration, and, where relevant, outsourcing. They shall ensure that those policies are implementedhave a written transition plan, as described under Article 44a. They shall ensure that those policies are implemented, and that reasonable steps are taken to implement the transition plan. Those written policies and that transition plan shall be reviewed at least annually.
2022/08/01
Committee: ECON
Amendment 440 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c
Directive 2009/138/EC
Article 41 – paragraph 3 a (new)
3a. The system of governance shall ensure that the administrative, management or supervisory body is directly responsible for the sustainability risk management system described under Article 44(3a), including the successful implementation of the transition plan described under Article 44a.
2022/08/01
Committee: ECON
Amendment 444 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 c a (new)
Directive 2009/128/EC
Article 41 – paragraphs 5 a (new), 5 b (new), 5 c (new), 5 d (new)
(ca) the following paragraphs are added: ‘5a. Member States or competent authorities shall require insurance and reinsurance undertakings to engage a broad set of qualities and competences when recruiting members to the administrative, management or supervisory body and for that purpose to put in place a policy promoting diversity on the administrative, management or supervisory body. EIOPA shall issue guidelines on the notion of diversity to be taken into account for the selection of members of the administrative, management or supervisory body. The written policy on remuneration, including incentives schemes, shall promote sound and effective risk management, including the integration of sustainability risks in the risk management system and the adverse impacts of the insurance or reinsurance undertaking as referred to in the Regulation (EU) 2019/2088. 5b. Member States shall require insurance and reinsurance undertakings to have gender balanced administrative, management or supervisory bodies decide on a target for the representation of the underrepresented gender in the administrative, management or supervisory body and prepare a policy on how to increase the number of underrepresented gender in the administrative, management or supervisory body in order to meet that target in a manner that is proportionate to their size, internal organisation and the nature, scope and complexity of their activities. The target, policy and its implementation shall be made public, including in the Solvency and Financial Condition Report. 5c. Member States shall require that remuneration policies and practices are gender neutral. 5d. EIOPA shall issue guidelines, on gender neutral remuneration policies for insurance and reinsurance undertakings.’
2022/08/01
Committee: ECON
Amendment 451 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Directive 2009/138/EC
Article 42 – paragraph 4
4. Where a person who effectively runs the undertaking or has other key functions does not fulfil the requirements set out in paragraph 1, the supervisory authorities shall have the power to require the insurance and reinsurance undertaking to remove such person from that position.;
2022/08/01
Committee: ECON
Amendment 457 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b a (new)
Directive 2009/138/EC
Article 44 – paragraph 2 b (new)
(ba) the following paragraph is inserted: "2b. As regards underwriting, insurance and reinsurance undertakings shall ensure that, in accordance with Article 44a, its business model and strategy for underwriting portfolio are aligned with the objective to achieve climate neutrality by 2050 at the latest, set out in Regulation (EU)2021/1119 of the European Parliament and of the Council of 30 June 2021(“European Climate Law”), as regards the undertaking’s operations and compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 °C in line with the Paris Agreement with no or limited overshoot and pursuant to the latest recommendations of the IPCC and the European Scientific Advisory Board on Climate Change."
2022/08/01
Committee: ECON
Amendment 461 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b b (new)
Directive 2009/138/EC
Article 44 – paragraph 2 c (new)
(bb) the following paragraph is inserted: "2c. As regards investment, insurance and reinsurance undertakings shall ensure that, in accordance with Article 44a, its business model and strategy for investment portfolio are aligned with the objective to achieve climate neutrality by 2050 at the latest, set out in Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 (“European Climate Law”), as regards the undertaking’s operations and compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 °C in line with the Paris Agreement with no or limited overshoot and pursuant to the latest recommendations of the IPCC and the European Scientific Advisory Board on Climate Change."
2022/08/01
Committee: ECON
Amendment 464 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b b (new)
Directive 2009/138/EC
Article 44 – paragraph 3 a (new)
(bb) the following paragraph is inserted: "3a. The risk management system shall cover any sustainability risks to which the insurance or reinsurance undertaking is exposed within the areas set out at paragraph 2 above and shall consider the principal adverse impacts of the insurance or reinsurance undertaking, including the principal adverse impacts of the companies and activities for which the undertaking provides finance or underwriting services within its asset portfolio and insurance portfolio, on sustainability factors. The written policy on risk management referred to in Article 41(3) shall include policies relating to sustainability risks and sustainability factors, as well as a stewardship policy. The stewardship policy shall include a report of the impact of the policy in the last financial reporting period."
2022/08/01
Committee: ECON
Amendment 469 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b c (new)
Directive 2009/138/EC
Article 44 – paragraph 5 a (new)
(bc) the following paragraph is added: "5a. The written policy on remuneration referred to at Article 41(3) shall promote sound and effective risk management in line with the written policy on risk management referred to in Article 41(3), including in relation to sustainability risks and the adverse impacts of the insurance or reinsurance undertaking on sustainability factors. The Commission shall adopt delegated acts in accordance with Article 301a to specify that where undertaking’s remuneration schemes include both fixed and variable components, variable remuneration component should be not less than 50 percentage points linked to achievement of the targets set as part of the transition plan of the undertaking, implemented in accordance with Articles 44(2b), 44(2c) and 44a."
2022/08/01
Committee: ECON
Amendment 474 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Directive 2009/138/EC
Article 44 a (new)
(23a) the following Article is inserted: 'Article 44a Transition plan 1. Insurance and reinsurance undertakings shall have a written transition plan covering both underwriting and investment activities, with intermediate implementing actions and specific science-based short-term, medium- and long-term targets, including absolute emission reduction targets for attributable greenhouse gas (GHG)emissions for 2025 and 2030, reviewed every year up to 2050. They shall take reasonable steps to ensure that this transition plan is implemented. They shall integrate their transition plan within their underwriting and investment strategy and decisions. 2. The transition plan shall be reviewed at least annually. It shall be subject to prior approval by the administrative, management or supervisory body and be adapted in view of any significant changes affecting the transition plan or its implementation. 3. The transition plan shall be well integrated into the organisational structure and in the decision-making processes of the insurance or reinsurance undertaking. The system of governance required under Article 41 shall include a clear allocation and appropriate segregation of responsibilities for implementing the transition plan and provide for proper consideration of the implementation of the transition plan by the persons who effectively run the undertaking or have other key functions. 4. The transition plan shall be integrated into the risk management system required under Article 44, and particularly under Article 44 (2b) and 44 (2c), including by identifying, measuring, monitoring, managing and reporting matters that pose a risk to the successful implementation of the transition plan.'
2022/08/01
Committee: ECON
Amendment 478 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Directive 2009/138/EC
Article 45 – paragraph 1 – subparagraph 2 – point d
(d) consideration and analysisssessment of the macroeconomic situation, and possible macroeconomic, geopolitical, environmental and financial markets’ developments, and, upon a reasoned request of the supervisory authority, macroprudential concerns, that may affect the specific risk profile, the approved risk tolerance limits, the business strategy, the underwriting activities or the investment decisions, and the overall solvency needs referred to in point (a) of the undertaking;
2022/08/01
Committee: ECON
Amendment 482 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b
Directive 2009/138/EC
Article 45 – paragraph 1a – subparagraph 1 – introductory part
1a. For the purpose of paragraph 1, points (d) and (e), macroeconomic, geopolitical, environmental and financial markets’ developments shall include, at least, changes in the following:
2022/08/01
Committee: ECON
Amendment 485 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b
Directive 2009/138/EC
Article 45 – paragraph 1a – subparagraph 2
For the purpose of the paragraph 1, point (d), macroprudential concerns shall include, at leastmongst others, plausible unfavourable future scenarios and risks related to the credit cycle and economic downturn, climate risks, herding behaviour in investments or excessive exposure concentrations at the sectoral level.
2022/08/01
Committee: ECON
Amendment 489 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b a (new)
Directive 2009/138/EC
Article 45 – paragraph 2
(ba) paragraph 2 is replaced by the following: "2. For the purposes of paragraph 1(a), the undertaking concerned shall have in place processes which are proportionate to the nature, scale and complexity of the risks inherent in its business and which enable it to properly identify and assess the risks it faces in the short and long term and to which it is or could be exposed, including sustainability risk. The undertaking shall demonstrate the methods used in that assessment. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
2022/08/01
Committee: ECON
Amendment 504 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 5
5. By way of derogation from paragraphs 2, 3 and 4, insurance and reinsurance undertakings that are classified as low-risk profile undertakings shall neither be required to specify climate change scenarios nor to assess their impact on the business of the undertaking.;deleted
2022/08/01
Committee: ECON
Amendment 514 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – point b
(b) a brief description of the capital management and the risk profile of the undertaking, including in relation to sustainability risks and the principal adverse impacts of the insurance or reinsurance undertaking on sustainability factors, and with reference to how the undertaking’s stewardship policy has contributed to addressing these impacts.;
2022/08/01
Committee: ECON
Amendment 521 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – point b a (new)
(b a) where the undertaking conducts a climate change scenario analysis, a description of the results of the latest climate change scenario analysis described in Article 45a, and a description of how the transition plan of the undertaking described at Article 44a is addressing and reducing its exposure to climate change risks;
2022/08/01
Committee: ECON
Amendment 523 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point a
(a) a description of the system of governance; including a description of the role of the administrative, management and supervisory bodies with regard to sustainability risks in line with article 41.
2022/08/01
Committee: ECON
Amendment 525 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b a (new)
For the purposes of paragraph 1a, insurance and reinsurance undertakings may describe sustainability risks and the principal adverse impacts of the insurance or reinsurance undertaking on sustainability factors by clear cross- reference to sections of their management report containing relevant information.
2022/08/01
Committee: ECON
Amendment 528 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point vi a (new)
(vi a) climate and other sustainability targets and transition plan targets of the undertaking, including absolute carbon emission reduction targets for its underwriting and investment portfolios, submitted in accordance with Articles 44(2b) (new), 44(2c) (new) and 44a (new), and the progress made towards implementing them;
2022/08/01
Committee: ECON
Amendment 535 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point vi b (new)
(vi b) how the undertaking’s business model and strategy take account of sustainability risks faced by the undertaking;
2022/08/01
Committee: ECON
Amendment 536 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point vi c (new)
(vi c) the role of the administrative, management and supervisory bodies with regard to sustainability risks.
2022/08/01
Committee: ECON
Amendment 540 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2009/138/EC
Article 51a – paragraph 1
1. For insurance and reinsurance undertakings other than low-risk profile undertakings and captive insurance undertakings and captive reinsurance undertakings, the balance sheet disclosed as part of the solvency and financial condition report or as part of the single solvency and financial condition report shall be subject to an audit.
2022/08/01
Committee: ECON
Amendment 542 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2009/138/EC
Article 51a – paragraph 2
2. Member States may extend the obligation laid down in paragraph 1 to captive insurance undertakings and captive reinsurance undertakings.deleted
2022/08/01
Committee: ECON
Amendment 545 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2009/138/EC
Article 51a – paragraph 3
3. The audit shall be carried out by a statutory auditor or an audit firm, in accordance with the applicable international standards, unless this Directive, or delegated acts adopted pursuant to it establish other principles and requirements for the assessment of any item of the balance sheet. Statutory auditors and audit firms, when performing this task, shall comply with the duties of auditors set out in Article 72 and will not provide any service as foreseen under Article 5 of Regulation (EU) No 537/2014, during the period the audit services are provided.
2022/08/01
Committee: ECON
Amendment 550 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 34 a (new)
Directive 2009/138/EC
Article 64 – paragraph 3 a (new)
(34a) in Article 64, the following paragraph is added: "Paragraphs 1 to 3 of this Article shall not prevent the competent authorities from publishing the outcome of stress tests carried out in accordance with Article 34(4) of this Directive or Article 32 of Regulation (EU) No 1094/2010 or from transmitting the outcome of stress tests to EIOPA for the purpose of the publication by EIOPA of the results of Union-wide stress tests. "
2022/08/01
Committee: ECON
Amendment 561 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive 2009/138/EC
Article 77a – paragraph 1 – subparagaph 1 – introductory part
1. The determination of the relevant risk-free interest rate term structure referred to in Article 77(2) shall make use of, and be consistent with, information derived from relevant financial instruments. That determination shall take into account relevant financial instruments of those maturities where the markets for those financial instruments are deep, liquid and transparent. The relevant risk-free interest rate term structure shall be extrapolated for maturities longer than the first smoothing point. The first smoothing point for a currency shall be 30 years and the longest maturity for which all of the following conditions are met:
2022/08/01
Committee: ECON
Amendment 569 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive 2009/138/EC
Article 77a – paragraph 2 – subparagraph 1
2. For the purpose of paragraph 1, second subparagraph, any parameters determining the speed of the convergence of the forward rates towards the ultimate forward rate of the extrapolation may be chosen such that on [OP please insert date = application date] the risk-free interest rate term structure is sufficiently similar to the risk-free interest rate term structure on that date determined in line with the rules for the extrapolation applicable on [OP please insert date = one day before date of application]. Those parameters of the extrapolation shall be decreased linearly at the beginning of each calendar year, during a transitional period. The final parameters of the extrapolation shall be applied as of 1 January 20329.
2022/08/01
Committee: ECON
Amendment 570 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive 2009/138/EC
Article 77a – paragraph 2 a (new)
2a. Undertakings should disclose in their public reporting the impact of the convergence speed parameter at 5% on their financial position. Undertakings that would not meet their Solvency Capital Requirement with a convergence speed parameter at 5%, should provide evidence to their supervisory authority and EIOPA that their dividend payments or other voluntary capital distribution do not put at risk the protection of policyholders and beneficiaries.
2022/08/01
Committee: ECON
Amendment 576 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive 2009/138/EC
Article 77d – paragraph 1 c (new)
1c. Insurance and reinsurance undertakings may, subject to prior approval by the supervisory authority, apply an undertaking-specific adjustment to this risk-corrected spread of the currency referred to in paragraph 3, under the condition that the information that is inherent to the relevant assets of the undertaking and that is reported by the undertaking in line with Article 35, paragraphs 1 to 4 is of sufficient quality to allow a robust and reliable calculation. This adjustment shall correspond to the lowest between 100% and the ratio of the risk-corrected spread calculated based on the undertaking’s portfolio of investments in debt instruments and the risk-corrected spread calculated based on the reference portfolio for the relevant currency. The risk-corrected spread based on the undertaking’s portfolio of investments in debt instruments shall be calculated in the same manner as the risk-corrected spread based on the reference portfolio for the relevant currency, but using undertaking- specific data on the weights and the average duration of the relevant sub- classes within the undertaking’s portfolio of investments in debt instruments for the relevant currency. Where the adjustment is lower than 100%, the volatility adjustment shall not be increased by a macro volatility adjustment as referred to in paragraph 4;
2022/08/01
Committee: ECON
Amendment 583 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 3
3. The amount of the volatility adjustment to risk-free interest rates for a currecny shall be calculated as follows: 𝑉𝐴𝑐𝑢 = 85% ∙ 𝐶𝑆𝑆𝑅𝐶𝑈 ∙ 𝑅𝐶𝑆𝐶𝑈 ∙ 𝑩𝑹𝑪 (𝒊𝒏𝒔𝒖𝒓𝒆𝒓) Where: cu (a) VA is the volatility adjustment for a cu currency cu; cu (b) CSSR is the credit spread sensitivity cu ratio of an insurance or reinsurance undertaking for the currency cu; cu (c) RCS is the risk-corrected spread for cu the currency cu. ; (d) BRC (insurer) is the insurer’s basis risk correction to risk-corrected spread of the currency. cu CSSR shall not be negative and not be cu higher than one. It shall take values lower than one where the sensitivity of the assets of an insurance or reinsurance undertaking in a currency to changes in credit spreads is lower than the sensitivity of the technical provisions of that undertaking in that currency to changes in interest rates. cu RSC shall be calculated as the difference cu between the spread referred to in paragraph 2 and the portion of that spread that is attributable to a realistic assessment of expected losses or unexpected credit or other risk of the assets. VA shall apply to the relevant risk-free cu interest rates of the term structure that are not derived by means of extrapolation in accordance with Article 77a. Where the extrapolated part of the relevant risk-free interest rates takes into account information from financial instruments other than bonds pursuant to Article cu 77a(1), VA shall also apply to risk-free cu interest rates derived from those financial instruments. The extrapolation of the relevant risk-free interest rate term structure shall be based on those adjusted risk-free interest rates. BRC (insurer) shall be by definition equal to the ratio RCS (insurer) / RCS (currency) subject to a floor of 75% and a cap of 125%, in order respectively not to decrease the risk-corrected spread by more than 25% and not to increase it by more than 25%.
2022/08/01
Committee: ECON
Amendment 601 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 40 – point a – point ii
Directive 2009/138/EC
Article 86 – paragraph 1 – point b – point i
(i) the formula for the extrapolation referred to in Article 77a(1), including the parameters that determine the convergence speed of the extrapolation; in line with the market consistent valuation principle.
2022/08/01
Committee: ECON
Amendment 602 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 40 – point a – point ii a (new)
Directive 2009/138/EC
Article 86 – paragraph 1 – point d
(iia) in Article 86, paragraph 1, point (d) is replaced by the following: "(d) the methods and assumptions to be used in the calculation of the risk margin including the determination of the amount of eligible own funds necessary to support the insurance and reinsurance obligations and the calibration of the cost-of-capital rate, as referred to in Article 77(5); (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)which should not be lower than 5%, as referred to in Article 77(5); " Or. en
2022/08/01
Committee: ECON
Amendment 629 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 43 a (new)
Directive 2009/138/EC
Article 105 a (new)
(43a) the following Article is inserted: ‘Article 105a Long-term equity investments The European Commission shall adopt a delegated defining the criteria for the treatment of equity investments as long term equity investments. In order to benefit of a preferential treatment over these investments, criteria shall ensure a safe risk-management, that the investments take place in the Union, and that this equity is not issued by companies which have the parent company, subsidiaries or branches in a third country, which is mentioned in Annex I or Annex II to the Council conclusions of 2020 on the revised EU list on non- cooperative jurisdictions for tax purposes, or in the Delegated Regulation in relation to third countries which have strategic deficiencies in their AML/CFT regimes that pose significant threats to the financial system of the Union ('high-risk third countries'), stemming from Article 9 of Directive (EU) 2015/849.’
2022/08/01
Committee: ECON
Amendment 634 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive 2009/138/EC
Article 109 – paragraph 2
2. Without prejudice to paragraph 1 of this Article and to Article 102(1), where an insurance or reinsurance undertaking calculates the Solvency Capital Requirement and a risk module or sub- module does not represent a share of more than 5 % of the Basic Solvency Capital Requirement referred to in Article 103, point (a), the undertaking may use a simplified calculation for that risk module or sub-module during a period of no more than threewo years following that calculation of the Solvency Capital Requirement.
2022/08/01
Committee: ECON
Amendment 650 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 47
Directive 2009/138/EC
Article 112 – paragraph 7
7. After having received approval from supervisory authorities to use an internal model, and each time they report the result of a calculation of the Solvency Capital Requirement pursuant to Article 102(1), insurance and reinsurance undertakings shall provide the supervisory authorities with an estimate of the Solvency Capital Requirement determined in accordance with the standard formula, as set out in Subsection 2 as well as an explanation on possible divergence between both calculations.;
2022/08/01
Committee: ECON
Amendment 657 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 49 – point - a (new)
Directive 2009/138/EC
Article 132 – paragraphs 1, 2, 2 a (new) and 2 b (new)
(-a) paragraphs 1 and 2 are replaced by the following: "1. Member States shall ensure that insurance and reinsurance undertakings invest all their assets in accordance with the prudent person principle, as specified in paragraphs 2, 2a (new), 2b (new), 3 and 4. 2. With respect to the whole portfolio of assets, insurance and reinsurance undertakings shall only invest in assets and instruments whose risks , including potential sustainability risks, the undertaking concerned can properly identify, measure, monitor, manage, control and report, and appropriately take into account in the assessment of its overall solvency needs in accordance with point (a) of the second subparagraph of Article 45(1). All assets, in particular those covering the Minimum Capital Requireme2a. Insurance and reinsurance undertakings shall take into and the Solvency Capital Requirement, shall be invested in such a manner as to ensure the security, quality, liquidity and profitability of the portfolio as a whole. In addition the localisation of those assets shall be such as to ensure their avccount the potential long-term impact of their investment strategy and decisions on sustainability factors and, where relevant, that strategy and those decisions shall reflect the sustailnability. Assets held to cov preferences of its customers the technical provisions shall also be invested in a manner appropriate to the nature and duration of the insurance and reinsurance liabilities. Those assets shall be invested in the best interest of all policy holders and beneficiaries taking into account any disclosed policy objective. In the case of a conflict of interest, insurance undertakings, or the entity which manages their asset portfolio, shall ensure thataken into account in the product approval process as referred to in Article 4of Commission Delegated Regulation (EU) 2017/2358. 2b. Insurance and reinsurance undertakings shall have and shall publicly disclose a written policy in relation to their approach to stewardship including a summary of how the steps the undertaking has taken to achieve the goals of the policy in the preceding year. The stewardship policy shall be subject to prior approval by the administrative, management or supervisory body and shall be reviewed at least annually. Insurance and reinsurance undertakings shall integrate their transition plan within their investment is made in the best interest of policy holders and beneficiaries. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)strategy and decisions. " Or. en
2022/08/01
Committee: ECON
Amendment 662 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 49 – point b
Directive 2009/138/EC
Article 132 – paragraph 5
5. Member States shall ensure that insurance and reinsurance undertakings take account of possible macroeconomic and financial markets’ developments including developments related to climate change and pandemics and, at the request of the supervisory authority, macroprudential concerns when they decide on their investment strategy.
2022/08/01
Committee: ECON
Amendment 665 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 49 – point b
Directive 2009/138/EC
Article 132 – paragraph 6
6. Insurance and reinsurance undertakings shall assess the extent to which their investment strategy may affect macroeconomic and financial markets’ developments including developments related to climate change and pandemics and have the potential to turn into sources of systemic risk, and incorporate such considerations as part of their investment decisions.
2022/08/01
Committee: ECON
Amendment 670 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 52
Directive 2009/138/EC
Article 139 – paragraph 3
3. If a winding-up proceeding is not opened within two months of receipt of the information referred to in paragraph 1, the supervisory authority of the home Member State shall consider restricting or prohibiting the free disposal of assets of the insurance or reinsurance undertaking. It shall inform the supervisory authorities of the host Member States accordingly. At the request of the supervisory authority of the home Member State, those authorities shall take the same measures. The supervisory authority of the home Member State shall designate the assets to be covered by such measures.
2022/08/01
Committee: ECON
Amendment 671 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 52
Directive 2009/138/EC
Article 139 – paragraph 4
4. EIOPA mayshall develop guidelines for the actions that supervisory authorities should take when they observe a failure to comply with the Minimum Capital Requirement or the risk of non-compliance referred to in paragraph 1.;
2022/08/01
Committee: ECON
Amendment 673 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144a – paragraph 2
2. For the purpose of paragraph 1, Member States shall ensure that insurance and reinsurance undertakings draw up and maintain a liquidity risk management plan projecting the incoming and outgoing cash flows in relation to their assets and liabilities. Member States shall ensure that insurance and reinsurance undertakings develop and keep up to date a set of liquidity risk indicators to identify, monitor and address potential liquidity stress.
2022/08/01
Committee: ECON
Amendment 674 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144a – paragraph 6 – subparagraph 1
6. In order to ensure consistent application of this Article, EIOPA shall develop draft regulatory technical standards to further specify the content, the format and the frequency of update of the liquidity risk management plan.
2022/08/01
Committee: ECON
Amendment 679 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 3 – subparagraph 4 a (new)
Member States will ensure that supervisory authorities have the necessary powers for this purpose.
2022/08/01
Committee: ECON
Amendment 680 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 3 – subparagraph 5
Member States shall ensure that authorities with a macroprudential mandate, where different from the supervisory authorities, are duly and timely informed of the supervisory authority's intention to make use of the power referred to in this paragraph, and are appropriatefully involved in assessing the potential unintended effects referred to in the second subparagraph.
2022/08/01
Committee: ECON
Amendment 681 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 3 – subparagraph 6
Member States shall ensure that supervisory authorities shall notify EIOPA and ESRB in due time whenever the power referred to in paragraph 3 is exercised to address a risk for the stability of the financial system.
2022/08/01
Committee: ECON
Amendment 683 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 4 – subparagraph 1
4. The power referred to in paragraph 3 may be exercised in relation to all undertakings operating in that Member State where the exceptional circumstances referred to in paragraph 3 affect the whole or a significant part of the insurance market.
2022/08/01
Committee: ECON
Amendment 684 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 5 – subparagraph 1
5. Member States shall ensure that the authority referred to in paragraph 4, second subparagraph, shall notify in due time EIOPA and, where the measure is taken to address a risk to the stability of the financial system, the ESRB of the use of the power referred to in paragraph 4.
2022/08/01
Committee: ECON
Amendment 685 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 6 – point a
(a) provide further guidance on measures to address deficiencies in liquidity risk management and on the form, activation and calibration of powers that supervisory authorities may exercise to reinforce the liquidity position of undertakings when liquidity risks are identified and are not adequately remedied by these undertakings;
2022/08/01
Committee: ECON
Amendment 686 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144c – paragraph 1
1. Without prejudice to Article 141, Member States shall ensure that supervisory authorities have the power to take measures to preserve the financial position of individual insurance or reinsurance undertakings during periods of exceptional sector-wide shockadverse situations that have the potential to threaten the financial position of the undertaking concerned or the stability of the financial system.
2022/08/01
Committee: ECON
Amendment 688 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144c – paragraph 2 – subparagraph 1 – introductory part
2. During periods of exceptional sector-wide shocks, supervisory authorities shall have the power to require undertakings with a particularly vulnerable risk profile to take at least the following measures:
2022/08/01
Committee: ECON
Amendment 690 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144c – paragraph 6
6. For the purpose of this Article, significant intra-group transactions referred to in Article 245(2) including intra-group dividend distributions, shall only bebe temporary suspended or restricted where they are a threat to the solvency or liquidity position of the group or of one of the undertakings within the group. .The supervisory authority of a related undertaking shall consult the group supervisor before suspending or restricting transactions with the rest of the group.
2022/08/01
Committee: ECON
Amendment 707 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 1 – subparagraph 1 – introductory part
1. The supervisory authority of the home Member State shall, upon the request of the supervisory authority of a host Member State, submit within a month following the request, all of the following information received in accordance with Article 35, in relation to insurance or reinsurance undertakings with significant cross-border activities in the territory of that host Member State:
2022/08/01
Committee: ECON
Amendment 718 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 61 – point c
Directive 2009/138/EC
Article 212 – paragraph 3 – subparagraph 1 a (new)
Where the undertakings referred to in the first subparagraph do not have their head office in the same Member State, Member States shall ensure that only the national supervisory authority acting as group supervisor in accordance with Article 247 may conclude, after consulting other supervisory authorities concerned, that such undertakings form a group based on its opinion that those undertakings are managed on a unified basis.
2022/08/01
Committee: ECON
Amendment 722 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 61 – point c
Directive 2009/138/EC
Article 212 – paragraph 5 a (new)
5a. In order to ensure consistent application of this Article, EIOPA shall develop regulatory technical standards to supplement or further specify the factors that supervisory authorities shall consider to identify a relationship between at least two undertakings referred to in paragraphs 2 and 3 of this Article. EIOPA shall submit those draft regulatory technical standards to the Commission by 12 months after entry into force]. Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1094/2010.
2022/08/01
Committee: ECON
Amendment 735 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 63
Directive 2009/138/EC
Article 213a – paragraph 4 a (new)
4a. The following groups shall never be classified as small and non-complex groups: (a) groups which are financial conglomerates within the meaning of Article 2, point 14 of Directive 2002/87/EC; (b) groups where at least one subsidiary undertaking is an undertaking referred to in Article 228(1).
2022/08/01
Committee: ECON
Amendment 736 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 64 – point a
Directive 2009/138/EC
Article 214 – paragraph 1 – subparagraph 1 a (new)
For the sole purpose of ensuring compliance with this Title, the exercise of group supervision may imply direct supervision and the exercise of supervisory powers over insurance holding companies and mixed financial holding companies by supervisory authorities.
2022/08/01
Committee: ECON
Amendment 750 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 70
Directive 2009/138/EC
Article 228 – paragraph 3 – point g
(g) for each related undertaking referred to in paragraph 1, point (e), of this Article, the higher of the required solvency margin calculated in accordance with Article 17b of Directive (EU) 2016/2341, and any capital requirement imposed under national law of the Member State where the undertaking is registered or authorised.
2022/08/01
Committee: ECON
Amendment 770 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 80
Directive 2009/138/EC
Article 246a – paragraph 3
3. Notwithstanding paragraph 2, supervisory authorities mayshall require an insurance or reinsurance subsidiary to draw up and maintain a liquidity risk management plan at individual level whenever they detect a specific liquidity vulnerability or the liquidity management plan at group level does not include appropriate information which the supervisory authority having authorised the subsidiary requires comparable undertakings to provide for the purpose of monitoring their liquidity position.
2022/08/01
Committee: ECON
Amendment 771 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 80
Directive 2009/138/EC
Article 246a – paragraph 4 – subparagraph 1
4. In order to ensure consistent application of this Article, EIOPA shall develop regulatory technical standards to further specify the content, the format and frequency of update of the liquidity risk management framework plan at group level.
2022/08/01
Committee: ECON
Amendment 773 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 84
Directive 2009/138/EC
Article 256b – paragraph 1 a (new)
The Commission may adopt delegated acts in accordance with Article 301a to change the deadline laid down in paragraph 1, provided that the change is necessary due to sanitary emergencies, natural catastrophes or other extreme events.
2022/08/01
Committee: ECON
Amendment 775 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 86 – point b
Directive 2009/138/EC
Article 258 – paragraph 2 c (new)
2c. EIOPA shall issue guidelines in order to ensure a harmonised application of the measures in paragraph 2b.
2022/08/01
Committee: ECON
Amendment 776 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 86 – point b
Directive 2009/138/EC
Article 258 – paragraph 2 d (new)
2d. EIOPA shall be empowered to issue recommendations to the supervisory authorities on the following supervisory measures for insurance holding companies and mixed financial holding companies: (a) suspending the exercise of voting rights attached to the shares of the subsidiary insurance or reinsurance undertaking held by the insurance holding company or mixed financial holding company; (b) issuing injunctions, sanctions or penalties against the insurance holding company, the mixed financial holding company or the members of the administrative, management or supervisory body of those companies; (c) giving instructions or directions to the insurance holding company or mixed financial holding company to transfer to its shareholders the participations in its subsidiary insurance and reinsurance undertakings; (d) designating on a temporary basis another insurance holding company, mixed financial holding company or insurance or reinsurance undertaking within the group as responsible for ensuring compliance with the requirements set out in this Title (e) restricting or prohibiting distributions or interest payments to shareholders; (f) requiring insurance holding companies or mixed financial holding companies to divest from or reduce holdings in insurance or reinsurance undertakings or other related undertakings referred to in Article 228(1); (g) requiring insurance holding companies or mixed financial holding companies to submit a plan on return, without delay, to compliance. Supervisory Authorities shall comply with these recommendations.
2022/08/01
Committee: ECON
Amendment 783 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 91
1. EIOPA, after consulting the ESRB, shall assess, on the basis of available data and the findings of the Platform on Sustainable Finance referred to in Article 20 of Regulation (EU) 2020/852 of the European Parliament and of the Council* and the EBA in the context of its work under the mandate set out in Article 501c, point (c), of Regulation (EU) 575/2013 whether a dedicated prudential treatment of exposures related to assets or activities associated substantially with environmental or social objectives would be justified. In particular, EIOPA shall assess the potential effects of a dedicated prudential treatment of exposures related to assets andfor insurance investment and underwriting activities which are associated substantially with environmental and/or social objectives or which are associated substantially with harm to such objectives on the protection of policy holders and financial stability in the Union.
2022/08/01
Committee: ECON
Amendment 795 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 91 a (new)
Directive 2009/138/EC
Article 304b (new)
(91a) the following Article is inserted: ‘Article 304b Profit sharing reserve schemes The Commission shall publish a report on the use of profit sharing reserve schemes in the Member States, analysing their impact on the balance sheet of the insurance and reinsurance undertakings, break down per Member States, within 12 months from the entry into force of the Directive. This report shall assess the risks of these schemes in terms of financial stability and policyholder protection, their impact on the level playing field among undertakings in the Union, and the legislations adopted in the Member States in this regard. On the basis of this report, the Commission shall adopt a legislative proposal to phase-out these schemes over a defined transitional period, and to adopt safeguards in order to limit the risks during this transitional period stemming from them the financial stability and policyholder protection.’
2022/08/01
Committee: ECON
Amendment 798 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 94 – point c
Directive 2009/138/EC
Article 308b – paragraph 17 – subparagraph 1b
Where an insurance or reinsurance group materially relies on the use of the transitional measures referred to in Articles 308c and 308d in such a manner that it misrepresents the actual solvency position of the group, even where the group Solvency Capital Requirement would be complied with without the use of those transitional measures, the group supervisor shall have the power to take appropriate measures, including the possibility to reducelike the reduction of the amount of own funds stemming from the use of those transitional measures that may be deemed eligible to cover the group Solvency Capital Requirement.;
2022/08/01
Committee: ECON
Amendment 800 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 95 – point b
Directive 2009/138/EC
Article 308c – paragraph 4 – point c – point iv
(iv) an assessment of the dependency of the undertaking on this transitional measure and, where applicable, a description of the measures taken or planned by the undertaking as well as a concrete timing in which these measures have effect, to reduce or remove the dependency.;
2022/08/01
Committee: ECON
Amendment 801 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 96 – point b
Directive 2009/138/EC
Article 308c – paragraph 4 – point c – point iv
(iv) an assessment of the dependency of the undertaking on this transitional measure and, where applicable, a description of the measures taken or planned by the undertaking as well as a concrete timing in which these measures have effect, to reduce or remove the dependency.;
2022/08/01
Committee: ECON
Amendment 802 #

2021/0295(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 96 a (new)
Directive 2009/138/EC
Article 308e
(96a) Article 308e is replaced by the following: " Insurance and reinsurance undertakings that apply the transitional measures set outreferred to in Articles 77a(2), 308c or, 308d or, where relevant, Article 111(1), second or third subparagraph shall inform the supervisory authority as soon as they observe that they would not comply with the Solvency Capital Requirement without application of these transitional measures. The supervisory authority shall require the insurance or reinsurance undertaking concerned to take the necessary measures to ensure compliance with the Solvency Capital Requirement at the end of the transitional period. Within two months from observation of non-compliance with the Solvency Capital Requirement without application of these transitional measures, the insurance or reinsurance undertaking concerned shall submit to the supervisory authority a phasing-in plan setting out the planned measures, including the timing of those measures, to establish the level of eligible own funds covering the Solvency Capital Requirement or to reduce its risk profile to ensure compliance with the Solvency Capital Requirement at the end of the transitional period. The insurance or reinsurance undertaking concerned may update the phasing-in plan during the transitional period. The insurance and reinsurance undertakings concerned shall submit annually a report to their supervisory authority setting out the measures taken and the progress made to ensure compliance with the Solvency Capital Requirement at the end of the transitional period. Supervisory authorities shallmay revoke the approval for the application of the transitional measure where that progress report showset out in Articles 308c and 308d where the undertaking cannot demonstrate to the satisfaction of the supervisory authority that sufficient progress thats been made with respect to compliance with the Solvency Capital Requirement without transitional measures at the end of the transitional period is unrealistic. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630). Supervisory authorities shall revoke the approval for the application of the transitional measure set out in Articles 308c and 308d where that compliance with the Solvency Capital Requirement at the end of the transitional period is unrealistic.; " Or. en
2022/08/01
Committee: ECON
Amendment 2 #

2021/0244(COD)

Proposal for a directive
Recital 2 a (new)
(2a) Financial Intelligence Units (FIUs) should endeavour to exchange financial information or financial analysis to prevent and combat money laundering, the associated predicate offences and terrorist financing more effectively as provided in Directive (EU) 2015/849.
2022/01/25
Committee: ECON
Amendment 5 #

2021/0244(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive (EU) 2019/1153
Article 1 – paragraph 1
(-1) Article 1(1) is replaced by the following: "This Directive lays down measures to facilitate access to and the use of financial information and bank account information by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences. It also lays down measures to facilitate access to law enforcement information by Financial Intelligence Units (‘FIUs’) for the prevention and combating of money laundering, associate predicate offences and terrorist financing and measures to facilitate cooperation between FIUs. .” Or. en (Directive 2019/1153)
2022/01/25
Committee: ECON
Amendment 6 #

2021/0244(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive (EU) 2019/1153
Article 9
Exchange of information between FIUs 1. exceptional and urgent cases, their FIUs are entitled to exchange financial information or financial analysis that may be relevant for the processing or analysis of information related to terrorism or organised crime associated with terrorism. 2. the cases referred to in paragraph 1 and subject to their operational limitations, FIUs endeavoArticle 9 (1a) Article 9 is deleted. of different Member States Member States shall ensure that in Member States shall ensure to exchange such information promptly. hat in Or. en (Directive 2019/1153)
2022/01/25
Committee: ECON
Amendment 35 #

2021/0240(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) The Authority should have the necessary power and financial means to supervise and coordinate the FIUs in their actions to ensure that transfers of crypto-assets are not used for money laundering and financing of terrorism purposes, or to circumvent the restrictive measures taken by the Union against Russia, in response to the recent war in Ukraine.
2022/03/09
Committee: BUDG
Amendment 46 #

2021/0240(COD)

Proposal for a regulation
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the Authority to get a high-ranking appointment in the private sector after his term of office and to prevent any post-public employment conflicts of interests, a cooling-off period of at least three years for the five Members of the Executive Board, including the Chair of the Authority, should be introduced.
2022/03/09
Committee: BUDG
Amendment 59 #

2021/0240(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes under the Union restrictive measures across the internal market;, with a particular attention to transfers of crypto-assets and virtual currencies, so that they are not used for money laundering and financing of terrorism purposes, or to circumvent the restrictive measures taken by the Union against Russia, in response to the recent war in Ukraine.
2022/03/09
Committee: BUDG
Amendment 70 #

2021/0240(COD)

Proposal for a regulation
Article 52 – paragraph 7 – introductory part
7. During a period of onthree years after ceasing to hold office, the former members of the Executive Board, including the Chair of the Authority, are prohibited from engaging in a gainful occupational activity with
2022/03/09
Committee: BUDG
Amendment 321 #

2021/0240(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘selected obliged entity’ means a credit institution, a financial institution, a crypto-asset service provider or a group of credit or financial institutions or crypto- asset service providers at the highest level of consolidation in the Union, which is under direct supervision by the Authority pursuant to Article 13;
2022/07/05
Committee: ECONLIBE
Amendment 327 #

2021/0240(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘non-selected obliged entity’ means a credit institution, a financial institution, a crypto-asset service provider or a group of credit institutions or financial institutions or crypto-asset service providers at the highest level of consolidation in the Union, other than a selected obliged entity;
2022/07/05
Committee: ECONLIBE
Amendment 371 #

2021/0240(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) monitor and support the implementation of asset freezes, seizures and confiscations under the Union restrictive measures across the internal market;
2022/07/05
Committee: ECONLIBE
Amendment 395 #

2021/0240(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point g a (new)
(ga) settle disagreements on cross border situations on the measures to be taken by supervisory authorities in relation to an obliged entity;
2022/07/05
Committee: ECONLIBE
Amendment 397 #

2021/0240(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point g c (new)
(gc) establish and maintain an updated public register on shell banks and non- compliant crypto-asset service providers;
2022/07/05
Committee: ECONLIBE
Amendment 404 #

2021/0240(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)
(da) facilitate the functioning of colleges of supervisors of the non- financial sector in the area of AML/CFT, including the use of its common instruments to provide guidance;
2022/07/05
Committee: ECONLIBE
Amendment 424 #

2021/0240(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
(ca) to settle, with a binding effect, disagreements between supervisory authorities in cross-border situations, including within AML colleges of supervisors.
2022/07/05
Committee: ECONLIBE
Amendment 477 #

2021/0240(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. Non-AML authorities shall share with the Authority any additional information, within the boundaries of their mandate and tasks, as well as the respective and relevant national law, deemed relevant to the prevention and countering of the use of the financial system for the purpose of money laundering or terrorist financing.
2022/07/05
Committee: ECONLIBE
Amendment 488 #

2021/0240(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The Authority may request supervisory authorities and non- AML/CFT authorities to provide other information in addition to that referred to in paragraph 2this article. The supervisory authorities and non-AML/CFT authorities shall update any provided information. Before requesting information in accordance with this paragraph, and in order to prevent the duplication of reporting obligations, the Authority may take into account existing and relevant statistics produced and disseminated by other authorities.
2022/07/05
Committee: ECONLIBE
Amendment 504 #

2021/0240(COD)

Proposal for a regulation
Article 11 a (new)
Article 11a Public register on shell banks and non- compliant crypto-asset service providers 1. The Authority shall establish and maintain a public register of shell banks and non-compliant crypto-asset service providers operating within and outside the Union. 2. The list shall be indicative and non-exhaustive, based on information provided by national supervisors and other relevant authorities, the Commission and obliged entities. 3. The Authority shall review the public register referred to in paragraph 1, taking into account any changes in circumstances concerning the entities included in the list or any information brought to its attention.
2022/07/05
Committee: ECONLIBE
Amendment 509 #

2021/0240(COD)

Proposal for a regulation
Article 11 c (new)
Article 11c Information requested to supervisory authorities 1. Supervisory authorities and the Authority shall provide each other with all the necessary information to carry out their respective tasks regarding selected and non-selected obliged entities. The Authority may, in particular, request any type of information that it requires to fulfil its mandate and to exercise its powers effectively. 2. Where information is not available, the Authority may request supervisory authorities to gather the relevant information. 3. Where information requested under paragraph 1 or 2 is not made available by supervisory authorities in a timely manner, the Authority may address a request directly to the obliged entities. The supervisory authority shall be informed of the request.4. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information. Upon a duly justified request to the Authority, the addressees may ask for a single extension of the deadline.5. The Authority shall develop draft regulatory technical standards setting out the modalities with regard to information requests addressed to obliged entities as provided in this Article and in Article 16.6. The Authority shall submit the draft regulatory technical standards to the Commission by [1 January 2025]. The Commission is empowered to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 38 of this Regulation.
2022/07/05
Committee: ECONLIBE
Amendment 562 #

2021/0240(COD)

Proposal for a regulation
Article 12 – paragraph 4 – point a
(a) with respect to customer-related risk: the share of non-resident customers, the presence and share of customers identified as Politically Exposed persons (‘PEPs’), or resident in jurisdictions listed in the EU list of non-cooperative jurisdictions for tax purposes and jurisdictions identified and designated as referred to in Chapter III Section 2 of [please insert reference – proposal for Anti-Money Laundering Regulation], or high net worth individuals as referred to in Article 36a of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]; ;
2022/07/05
Committee: ECONLIBE
Amendment 578 #

2021/0240(COD)

Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii
(ii) the number and share of correspondent banking crypto-asset clients from third countries with structural weaknesses in their AML systems identified by global standard setting bodies or with little to no regulation regarding crypto-assets;
2022/07/05
Committee: ECONLIBE
Amendment 579 #

2021/0240(COD)

Proposal for a regulation
Article 12 – paragraph 4 – point c – point ii a (new)
(iia) the number and share of correspondent banking or crypto-asset clients from third countries identified as having significant levels of corruption or other criminal activity or as being providers of financial secrecy by credible sources or acknowledged processes;
2022/07/05
Committee: ECONLIBE
Amendment 580 #

2021/0240(COD)

Proposal for a regulation
Article 12 – paragraph 4 – point c – point iii
(iii) the volume of activity of virtualcrypto- assets service providers registered or licensed in third countries and operating as financial institutions in the Union.
2022/07/05
Committee: ECONLIBE
Amendment 587 #

2021/0240(COD)

Proposal for a regulation
Article 12 – paragraph 5 – introductory part
5. The Authority shall develop draft regulatory technical standards setting out the methodology with the benchmarks referred to in paragraph 4 for classifying the inherent risk profile of any cross-border credit or financial institution or crypto- asset service provider in each Member State it operates in as low, medium, substantial or high.
2022/07/05
Committee: ECONLIBE
Amendment 595 #

2021/0240(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. The followingAll obliged entities shallassessed pursuant to Article 12 that are considered to have a high inherent risk profile in at least two Member States shall be eligible to qualify as a selected obliged entity:.
2022/07/05
Committee: ECONLIBE
Amendment 613 #

2021/0240(COD)

Proposal for a regulation
Article 13 – paragraph 1 b (new)
1b. following the application of the criteria laid down in paragraph 1a, where multiple obliged entities have a high inherent risk profile in that Member State, the selected obliged entity shall be the one with the highest share of non-resident customers.
2022/07/05
Committee: ECONLIBE
Amendment 673 #

2021/0240(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point i
(i) to propose the withdrawal of licence of a selected obliged entity to the authority that has granted such license. In case the authority that granted the licence decides not to follow the Authority’s proposal, it shall provide a reasoned justification.
2022/06/29
Committee: ECONLIBE
Amendment 742 #

2021/0240(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. The Authority shall ensure, within the scope of its powers and without prejudice to the powers of the relevant financial supervisors pursuant to Article 36 [OP please insert the next number to the AMLD, COM(2021)423], that AML supervisory colleges are established and functioning consistently for non-selected obliged entities operating in several Member States in accordance with Article 36 [OP please insert the next number to the AMLD, COM(2021)423]. To that end, the Authority mayshall:
2022/06/29
Committee: ECONLIBE
Amendment 746 #

2021/0240(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point f a (new)
(fa) mediate and resolve conflicts between participating financial supervisors through legal binding mediation powers;
2022/06/29
Committee: ECONLIBE
Amendment 747 #

2021/0240(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point f b (new)
(fb) identify instances where the absence of effective and efficient supervisory practices and activities in the context of AML colleges derives from inadequate or lack of transposition of EU law into national legislation, and duly report those instances to the Commission.
2022/06/29
Committee: ECONLIBE
Amendment 749 #

2021/0240(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. The Authority shall have a legally binding mediation role to resolve disputes between competent authorities in accordance with the procedure set out in Article 29a. The Authority may take supervisory decisions directly applicable to the institution concerned in accordance with Article 29a.
2022/06/29
Committee: ECONLIBE
Amendment 752 #

2021/0240(COD)

Article 29a Binding mediation in the event of disagreements 1. In the specified cases laid down in Directive [please insert reference to the 6th Anti-money Laundering Directive] and without prejudice to the powers laid down in section III, the Authority may assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 of this Article in either of the following circumstances: (a) at the request of one or more of the competent authorities concerned where a competent authority disagrees with the procedure or content of an action, proposed action, or inactivity of another competent authority; (b) on its own initiative, where on the basis of objective reasons, disagreement can be determined between competent authorities. In cases where Union law requires a joint decision to be taken by competent authorities and where, in accordance with those acts, the Authority may assist, on its own initiative, in reaching an agreement in accordance with the procedure set out in paragraphs 2, 3 and 4 of this Article, the competent authorities concerned, a disagreement shall be presumed in the absence of a joint decision being taken by those authorities within the time limits set out in those acts. 2. The competent authorities concerned shall notify the Authority without undue delay that an agreement has not been reached in the following cases: (a) where a time limit for reaching an agreement between competent authorities has been provided for in Union law, and either of the following occurs: (i) the time limit has expired; or (ii) at least two competent authorities concerned conclude that a disagreement exists, on the basis of objective reasons; (b) where no time limit for reaching an agreement between competent authorities has been provided for in the legislative acts referred to in Article 1(2), and either of the following occurs: (i) at least two competent authorities concerned conclude that a disagreement exists on the basis of objective reasons; or (ii) two months have elapsed from the date of receipt by a competent authority of a request from another competent authority to take certain action in order to comply with those acts and the requested authority has not adopted a decision that satisfies the request. 3. The Executive Board shall assess whether the Authority should act in accordance with paragraph 1. Where the intervention is on the Authority’s own initiative, the Authority shall notify the competent authorities concerned of its decision regarding the intervention. Pending the Authority’s decision, in cases where Union law requires a joint decision to be taken, all competent authorities involved in the joint decision shall defer their individual decisions. Where the Authority decides to act, all the competent authorities involved in the joint decision shall defer their decisions until the procedure set out in paragraphs 4 and 5 is concluded. 4. The Authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in Union law and the complexity and urgency of the matter. At that stage the Authority shall act as a mediator. 5. Where the competent authorities concerned fail to reach an agreement within the conciliation phase referred to in paragraph 4, the Authority may take a decision requiring those authorities to take specification, or to refrain from certain action, in order to settle the matter, and to ensure compliance with Union law. The decision of the Authority shall be binding on the competent authorities concerned. The Authority’s decision may require competent authorities to revoke or amend a decision that they have adopted or to make use of the powers which they have under the relevant Union law. The Authority shall notify the competent authorities concerned of the conclusion of the procedures under paragraphs 4 and 5 together with, where applicable, its decision taken under paragraph 5. 6. Without prejudice to the powers of the Commission pursuant to Article 258 TFEU, where a competent authority does not comply with the decision of the Authority, and thereby fails to ensure that a financial institution or, in the context of matters relating to the prevention and countering of money laundering or of terrorist financing, a financial sector operator complies with requirements directly applicable to it by virtue of the relevant Union law, the Authority may adopt an individual decision addressed to that financial institution or financial sector operator requiring it to take necessary action to comply with its obligations under Union law, including the cessation of any practice. The Authority may also adopt a decision in accordance with the first subparagraph of this paragraph where the relevant requirements of the relevant Union law are not directly applicable to financial sector operators. To that effect, the Authority shall apply relevant Union law, and where such Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised. 7. Decisions adopted under paragraph 6 shall prevail over any previous decision adopted by the competent authorities on the same matter. Any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 5 or 6 shall be compatible with those decisions. 8. The Chair of the Authority shall set out the nature and type of disagreements between competent authorities, the agreements reached and the decisions taken to settle such disagreements in the annual report of the Authority.
2022/06/29
Committee: ECONLIBE
Amendment 757 #

2021/0240(COD)

Proposal for a regulation
Article 30 – title
Requests to actActions by the Authority in exceptional circumstances
2022/06/29
Committee: ECONLIBE
Amendment 792 #

2021/0240(COD)

Proposal for a regulation
Article 30 a (new)
Article 30a Breach of Union Law 1. Where a supervisory authority has not applied measures laid down in Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] or the national legislation transposing that Directive, or has applied measures in a way which appears to be a breach of Union law, in particular by failing to ensure that an entity under its supervision satisfies the requirements laid down in Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final], the Authority shall act in accordance with the powers set out in paragraphs 2, 3, 4, 6 and 7 of this Article. 2. Upon request from one or more supervisory authorities, the European Parliament, the Council, the Commission, or on its own initiative, including when this is based on well-substantiated information from natural or legal persons, and after having informed the supervisory authority concerned, the Authority shall outline how it intends to proceed with the case and, where appropriate, investigate the alleged breach or non-application of Union law. The supervisory authority shall, without delay, provide the Authority with all information which the Authority considers necessary for its investigation including information on how the Union acts or in that legislation referred to in Article 1(2) are applied in accordance with Union law. Whenever requesting information from the supervisory authority concerned has proven, or is deemed to be, insufficient to obtain the information that is deemed necessary for the purposes of investigating an alleged breach or non- application of Union law, the Authority may, after having informed the supervisory authority, address a duly justified and reasoned request for information directly to other supervisory authorities. The addressee of such a request shall provide the Authority with clear, accurate and complete information without undue delay. 3. The Authority may, not later than six months from initiating its investigation, address a recommendation to the supervisory authority concerned setting out the action necessary to comply with Union law. Before issuing such a recommendation, the Authority shall engage with the supervisory authority concerned, where it considers such engagement appropriate in order to resolve a breach of Union law, in an attempt to reach agreement on the actions necessary for compliance with Union law. The supervisory authority shall, within ten working days of receipt of the recommendation, inform the Authority of the steps it has taken or intends to take to ensure compliance with Union law. 4. Where the supervisory authority has not complied with Union law within one month from receipt of the Authority’s recommendation, the Commission may, after having been informed by the Authority, or on its own initiative, issue a formal opinion requiring the supervisory authority to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation. The Commission shall issue such a formal opinion within three months after the adoption of the recommendation. The Commission may extend this period by one month. The Authority and the supervisory authority shall provide the Commission with all necessary information. 5. The supervisory authority shall, within ten working days of receipt of the formal opinion referred to in paragraph 5, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion. 6. Where a supervisory authority does not comply with the formal opinion within the period specified therein, to remedy such non-compliance in a timely manner, the Authority may adopt an individual decision addressed to a non- selected obliged entity requiring it to take all necessary action to comply with its obligations under Union law. To that effect, the Authority shall apply all relevant Union law, and, where that Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised. The decision of the Authority shall be in conformity with the formal opinion issued by the Commission pursuant to paragraph 4. 7. Decisions adopted in accordance with paragraph 6 shall prevail over any previous decision adopted by the supervisory authority on the same matter. When taking action in relation to issues which are subject to a formal opinion pursuant to paragraph 5 or to a decision pursuant to paragraph 7, supervisory authorities shall comply with the formal opinion or the decision, as the case may be.
2022/06/29
Committee: ECONLIBE
Amendment 793 #

2021/0240(COD)

Proposal for a regulation
Article 30 b (new)
Article 30b Requests of direct information to non- selected obliged entities 1. The supervisory authorities shall provide the Authority with all necessary information regarding selected and non- selected obliged entities in order for the Authority to carry out its duties, provided that the supervisory authorities have legal access to the relevant information. 2. Where information is not available or is not made available under paragraph 1 in a timely manner, the Authority may address a request directly to the relevant obliged entities or associations of obliged entities. The request shall be duly justified, include the legal basis of the request, specify the information required and fix a reasonable time limit within which the information is to be provided. The national authority shall receive a copy of the request. The addressees of such a request shall provide the Authority, within the time limit specified in the request, with clear, accurate and complete information, provided they have legal access to the relevant information. Upon a duly justified request to the Authority, the addressees may ask for a single extension of the deadline. 3. The use of confidential information and the modalities with regard to information requests pursuant of Article 30 shall be governed by the provisions set out in Article 16(4) and Article 16(5).
2022/06/29
Committee: ECONLIBE
Amendment 795 #

2021/0240(COD)

Proposal for a regulation
Chapter II – Section 5 – title
5 OVERSIGHTINDIRECT SUPERVISION OF NON- FINANCIAL SECTOR
2022/06/29
Committee: ECONLIBE
Amendment 817 #

2021/0240(COD)

Proposal for a regulation
Article 31 a (new)
Article 31a Establishment of AML colleges in the non-financial sector 1. The Authority shall ensure that supervision measures laid down in Article 34 and 34a of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423final] also apply to non- financial supervisors in the supervision of groups of obliged entities other than credit or financial institutions. Member States shall also ensure that in cases where obliged entities other than credit and financial institutions are part of structures which share common ownership, management or compliance control, including networks or partnerships, cooperation and exchange of information between supervisors is facilitated. 2. Following the adoption of the technical regulatory standards referred to in Article 34a of Directive [please insert reference –proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], the Authority shall promote the establishment of AML supervisory colleges. Those colleges may be set up following the identification of groups of obliged entities other than credit or financial institutions which are part of structures which operate in at least two Member States and share common ownership, management, or compliance control, including networks or partnerships. 3. To that end, the Authority shall: (a) propose to establish colleges, to convene and organise the meetings of colleges where deemed appropriate; (b) assist in the organisation of college meetings, where requested by the relevant supervisory authorities; (c) assist in the organisation of joint supervisory plans and joint examinations; (d) encourage supervisory authorities to share all relevant information to facilitate the work of the college; (e) promote effective and efficient supervisory practices and activities, including evaluating the risks to which obliged entities are or might be exposed; (f) mediate and assist in resolving conflicts between participating supervisory authorities; (g) identify instances where the absence of effective and efficient supervisory practices and activities in the context of AML colleges derives from inadequate or lack of transposition of EU law into national legislation, and duly report those instances to the Commission. 5. Such colleges may be used for exchanging information, providing mutual assistance or coordinating the supervisory approach to the obliged entity, including, where relevant, the taking of appropriate and proportionate measures to address serious breaches of the requirements of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] that are detected in the jurisdiction of a supervisor participating in the college. 6. The AML colleges shall be composed of permanent members and, when unanimously agreed by them, observers. The Authority and supervisors of the non-financial sector, including the authorities overseeing self-regulatory bodies appointed by Member States in accordance with Article 36 of Directive [please insert reference – proposal for6th Anti-Money Laundering Directive - COM/2021/423 final] shall be permanent members. 7. For the purposes of paragraph 2, the staff of the Authority shall have full participation rights in all AML supervisory colleges of the non-financial sector.
2022/06/29
Committee: ECONLIBE
Amendment 832 #

2021/0240(COD)

Proposal for a regulation
Article 32 a (new)
Article 32a Requests to step-in by a supervisory authority in the non-financial sector 1. A supervisory authority in the non- financial sector may request the Authority to assume the direct supervision of obliged entities in the non-financial sector, including all relevant tasks and powers to that effect. 2. The supervisory authority in the non-financial sector request shall: (a) identify the obliged entity in the non-financial sector which, in the view of the relevant supervisory authority, should be under direct supervision of the Authority; (b) describe the reasoning for its request, including a justification to why the Authority’s direct supervision of the relevant obliged entity is of added-value; (c) indicate a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers. 3. The request shall be accompanied by a report indicating the supervisory history and risk profile of the relevant obliged entity. 4. The Authority shall duly consider the request and consult with the supervisory authority concerned prior to the Executive Board’s final decision as to whether the transfer of competences is justified. 5. If the Authority disagrees with the request, it shall notify the supervisory authority in the non-financial sector about its decision, including a written justification that addresses the reasoning provided in accordance with paragraph 2, point (b). 6. If the Authority agrees with the request, it shall notify the authority in the non-financial sector about its decision, and request the Commission about the transfer of relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the obliged entity in the non-financial sector from the supervisory authority concerned to the Authority. 7. The request from the Authority to the Commission pursuant to paragraph 5 shall: (a) identify the obliged entity in the non-financial sector which, in the view of the supervisory authority in the non- financial sector, should be under direct supervision of the Authority; (b) describe the reasoning of the relevant supervisory authority’s initial request and the measures that the Authority intends to take in relation to the relevant obliged entity upon the transfer of the relevant tasks and powers, (c) indicate a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers; 8. The Commission shall have one month from the date of receipt of the request from the Authority to adopt a decision whether to authorise the transfer of the relevant tasks and powers or to oppose it. The decision shall be notified to the Authority, which shall immediately inform the relevant supervisory authority and obliged entity thereof. 9. On the tenth working day after the notification of the decision authorising the transfer of tasks and powers, the obliged entity referred to in paragraph 2 shall fall under direct supervision of the Authority. The Commission decision shall set a time-limit for the exercise of these tasks and powers, upon the expiry of which they shall be automatically transferred back to the supervisory authority concerned. 10. To that effect, the Authority shall apply relevant Union law, and where such Union law is composed of Directives, national law to the extent that it transposes those Directives. Where the relevant Union law is composed of Regulations and where those Regulations explicitly grant options for Member States, the Authority shall apply also national law to the extent that such options have been exercised.
2022/06/29
Committee: ECONLIBE
Amendment 833 #

2021/0240(COD)

Proposal for a regulation
Article 32 b (new)
Article 32b Request to act in exceptional circumstances 1. Supervisory authorities in the non- financial sector shall notify the Authority where the situation of any obliged entity in the non-financial sector with regard to its compliance with applicable requirements and its exposure to money laundering and terrorism financing risks deteriorates rapidly or significantly, especially where such deterioration could lead to significant harm to the integrity or reputation of the Member State where that entity operates, several Member States or of the Union as a whole. 2. Following the notification process laid down in paragraph 1, or specific adverse events or developments brought to the attention of the Authority, in particular through the notification mechanism under Article 76, the Authority may, where it has indications of possible or actual breaches by a obliged entity in the non-financial sector, request the relevant supervisory authority to: (a) investigate possible breaches of Union law, and where such Union law is composed of Directives or explicitly grants options for Member States, breaches of national law to the extent that it transposes Directives or exercises options granted to Member States by Union law, by an obliged entity; and (b) consider imposing sanctions in accordance with directly applicable Union law or national law transposing Directives on that entity in respect of such breaches. Where necessary, the Authority may also request a supervisory authority in the non-financial sector to adopt an individual decision addressed to that entity requiring it to undertake all necessary actions to comply with its obligations under directly applicable Union law or under national law, to the extent that it transposes Directives or exercises options granted to Member States by Union law, including the cessation of any practice. 3. The supervisory authority concerned shall comply with any request addressed to it in accordance with paragraph 2 and shall inform the Authority, as soon as possible and within ten working days from the day of the notification of such request at the latest, of the steps it has taken or intends to take to comply with that request. 4. Where the supervisory authority concerned does not comply with the request referred to in paragraph 2 and does not inform the Authority of the steps it has taken or intends to take to comply with the request within ten days from the day of the notification of the request, the Authority may request the Commission to grant permission to transfer the relevant tasks and powers referred to in Article 5(2) and Article 6(1) related to direct supervision of the obliged entity in the non-financial sector from the supervisory authority concerned to the Authority. 5. The request from the Authority shall contain: (a) a description of the potential or actual breaches of the directly applicable requirements by an identified obliged entity in the non-financial sector and a justification that such breaches fall within the scope of competence of the Authority; (b) a justification why the request to the supervisory authority in the non- financial sector did not result in any action taken within the set time-limit; (c) a time limit, which shall not exceed three years, for the requested transfer of the relevant tasks and powers; (d) a description of the measures that the Authority intends to take in relation to the obliged entity in the non-financial sector upon the transfer of the relevant tasks and powers to address the possible or material breaches referred to in paragraph 2. 6. The Commission shall have one month from the date of receipt of the request from the Authority to adopt a decision whether to authorise the transfer of the relevant tasks and powers or to oppose it. The decision shall be notified to the Authority, which shall immediately inform the relevant supervisory authority and obliged entity thereof. 7. On the tenth working day after the notification of the decision authorising the transfer of tasks and powers, the obliged entity in the non-financial sector shall fall under direct supervision of the Authority. The Commission decision shall set a time-limit for the exercise of these tasks and powers, upon the expiry of which they shall be automatically transferred back to the supervisory authority concerned.
2022/06/29
Committee: ECONLIBE
Amendment 860 #

2021/0240(COD)

Proposal for a regulation
Article 36 a (new)
Article 36a Peer reviews of FIUs 1. The Authority shall periodically conduct peer reviews of the fulfilment by FIUs of requirements laid down in Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] 2. The Authority shall develop methods to allow for an objective assessment and comparison between the FIUs reviewed. 3. The peer reviews under this Article shall be carried out by the staff of the Authority in cooperation with the relevant staff of the FIUs. 4. The peer review shall include an assessment of, but shall not be limited to: (a) the adequacy of powers and financial, human and technical resources, the degree of independence, the governance arrangements and professional standards of FIUs to ensure the effective application of Chapter III of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]; (b) the effectiveness and the degree to which FIUs have direct and timely access to information as required by Article 18 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final]; (c) the degree and extent to which suspicious transaction reports by obliged entities are duly followed-up on and investigated; (d) the degree and extent to which FIUs exchange information, respond to requests and cooperate with other FIUs in a timely and efficient manner, including through joint analysis requests; (e) the degree and extent to which feedback provided by FIUs to obliged entities is meaningful and useful to help obliged entities report suspicious transactions and focus customer due diligence on a risk-sensitive basis (f) the application of best practices developed by FIUs whose adoption might be of benefit for other FIUs; 4. The Authority shall produce a report setting out the results of the peer review. That peer review report shall be prepared by the staff of the Authority, in cooperation with the relevant staff of the FIUs, and adopted by the Executive Board, which shall share it in a timely manner with the FIU under review. The report shall explain and indicate the follow-up measures that are deemed appropriate, proportionate and necessary as a result of the peer review. The FIUs shall make every effort to comply with any guidelines and recommendations issued, in accordance with Article 43. 5. The Authority shall publish a summary of the findings of the peer review on its website. 6. The Authority shall provide a follow-up report two years after the publication of the peer review report. The follow-up report shall be prepared by the staff of the Authority, in cooperation with the relevant staff of the FIUs, and adopted by the Executive Board, which shall share it in a timely manner with the FIU under review. The follow-up report shall include an assessment of the adequacy and effectiveness of the actions undertaken by the FIU that were subject to the peer review in response to the follow-up measures of the peer review report. The Authority shall share it in a timely manner with the FIU under review and then publish the findings of the follow-up report on its website. 7. For the purposes of this Article, the Executive Board shall adopt a peer review work plan every two years, which shall reflect the lessons learnt from the past peer review processes and discussions held in the General Board in FIU composition. The peer review work plan shall constitute a separate part of the annual and multiannual working programme and shall be included in the Single Programming Document. In case of urgency or unforeseen events, the Authority may decide to carry out additional peer reviews.
2022/06/29
Committee: ECONLIBE
Amendment 867 #

2021/0240(COD)

Proposal for a regulation
Article 37 – paragraph 5 a (new)
5a. The Executive Board may suspend access to FIU.net for a specific FIU where the report of the peer review in accordance with Article 36a concludes that requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU, as set out in Article 17 of the [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final], have not been fulfilled.
2022/06/29
Committee: ECONLIBE
Amendment 1013 #

2021/0240(COD)

Proposal for a regulation
Article 76 a (new)
Article 76a Protection of whistleblowers 1. The Authority shall put in place effective and reliable mechanisms to encourage the reporting of potential and actual breaches of this Regulation, Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420final] and Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive -COM/2021/423 final].For that purpose, the Authority shall provide secure communication channels for the reporting referred to in the first subparagraph. Such channels shall ensure that the identity of persons providing information is known only to the Authority. The mechanisms referred to in the first subparagraph of this paragraph shall include at least: (a) specific procedures for the receipt of reports on breaches and their follow- up; (b) appropriate protection for employees or persons in a comparable position, of obliged entities who report breaches committed within the obliged entity; (c) appropriate protection for the accused person; (d) protection of personal data concerning both the person who reports the breaches and the natural person who is allegedly responsible for a breach, in compliance with the principles laid down in Regulation (EU)2016/679; (e) clear rules that ensure that confidentiality is guaranteed in all cases in relation to the person who reports the breaches committed within the obliged entity, unless disclosure is required by national law in the context of further investigations or subsequent judicial proceedings. 2. The Authority shall ensure that individuals, including employees and representatives of the obliged entity and financial supervisors, who report to the Authority actual or potential breaches of in accordance with the first subparagraph, are legally protected from being exposed to threats, retaliatory or hostile action, and in particular from adverse or discriminatory employment actions in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council. 3. The Authority shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting to the Authority actual or potential breaches in accordance with this first subparagraph are entitled to present a complaint to the Authority in a safe manner. The Authority shall also ensure that such individuals have the right to an effective remedy to safeguard their rights under this paragraph. 4. Where the Authority deems that the submitted information contains evidence or significant indications of a material breach, it shall provide feedback to the reporting person.
2022/06/29
Committee: ECONLIBE
Amendment 1018 #

2021/0240(COD)

Proposal for a regulation
Article 77 – paragraph 1 a (new)
1a. By ... [12 months after the date of entry into force of this Regulation], the Authority shall conclude a memorandum of understanding with the authorities referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to obliged entities.
2022/06/29
Committee: ECONLIBE
Amendment 152 #

2021/0239(COD)

Proposal for a regulation
Recital 15
(15) Some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the The trading of high value goods and services such as gold, diamonds and other precious stones, or high-value lifestyle goods, such as cultural artefacts, luxury cars, jewellery, watches, yachts and aircrafts are particularly exposed to very significant money laundering risks regardless of the means of payment. Criminal organisations have recurrently used this method, whigch value that the small, transportable goods they deal with contain. For this reason, persons dealing in precious metals and precious stoneis easily accessible and does not require specific expertise, to convert criminal proceeds into goods that are in high demand in foreign markets. For this reason, persons dealing in precious metals and precious stones, jewels and watches, work of art as well as any other high value goods or services above 10 000 euros should be subject to AML/CFT requirements.
2022/07/04
Committee: ECONLIBE
Amendment 162 #

2021/0239(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) The Union legislation does not currently include provisions that describe the systems and controls that financial institutions, payment service providers or crypto-asset service providers should have to have in place to comply with targeted financial sanctions obligations. Where the legislation provides for certain exemptions from customer due diligence measures or from the obligation to obtain information on the payer or the payee in the context of funds transfers, there may be an apparent conflict between risk- based exemptions and the absolute requirement to comply with applicable sanctions regimes, which is an obligation of result. According to the assessment conducted by the European Banking Authority, there are different interpretations across Member States on the obligations on payment service providers to screen the payer or the payee against sanctions lists, as each payment service provider is expected to screen only its customer in some Member States, whereas, in others, each payment service provider has to screen both the payer and the payee. This situation could create regulatory arbitrage and gaps which could weaken the Union targeted financial sanctions regime. It is therefore necessary to establish common standards on the measures that financial institutions, payment service providers or crypto-asset service providers should take to comply with their financial sanctions obligations and clarify how they should comply with their obligations under the Union targeted financial sanctions regime, in particular in situations where certain exemptions from customer due measures and from the obligation to obtain information on the payer or the payee or on the originator or the beneficiary in the context of transfers of funds or crypto-assets are applied, as well as in situations where it may not be possible to identity with sufficient certainty the customer or beneficial owner, in particular when a transaction or a transfer involves an unhosted wallet or an unregulated entity.
2022/07/04
Committee: ECONLIBE
Amendment 166 #

2021/0239(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) Designations made by the United Nations Security Council which impose restrictive measures in response to a threat are not immediately enforceable by the Union. Those UN sanctions become eventually applicable in the Union not immediately, but following a due process leading to the adoption of Union measures imposing targeted financial sanctions against designated persons. During the period where the information on sanctioned persons becomes public, and the actual application of EU targeted financial sanctions, there is a risk of asset flight. For this reason, some Member States decided at national level that UN designations become immediately applicable until the adoption of similar measures by the Union while other Member States may rely on preventative measures. However, there are no common rules at Union level and fragmented measures at national level. Hence, it is necessary to ensure appropriate common mitigating measures when no appropriate measures are in place at national level in order to manage the money laundering and terrorist financing risks identified following a UN designation. UN designations are made following a threat to international peace that can emanate from terrorist activities, violation of human rights and other predicate offences. Obliged entities should consider the enhanced risks of money laundering and terrorist financing posed by persons designated by the UN pending the review of this information of the Union, or before the actual entering into force of Union targeted financial sanctions. During this period time, obliged entities should report to the competent FIU any business relationship or transaction with persons considering the suspicion of money laundering, terrorist financing or predicate offence emanating from the UN listing. The FIU should decide to suspend any transaction, withhold its consent, or suspend any account until the review of the information and the adoption, or not, of targeted financial sanctions by the Union. Such measure is without prejudice of the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of measures by the Union.
2022/07/04
Committee: ECONLIBE
Amendment 344 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point e a (new)
(ea) persons trading in goods and services, including motor vehicles, aircrafts and watercrafts, where the value of the transaction or linked transactions amounts to at least EUR 10 000 or the equivalent in national currency;
2022/07/04
Committee: ECONLIBE
Amendment 484 #

2021/0239(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
(ca) obtain and assess information on whether the customer or the beneficial owner is persons involved are subjected to targeted financial sanctions relating to terrorism and terrorism financing, proliferation financing and to other applicable Union targeted financial sanctions;
2022/07/05
Committee: ECONLIBE
Amendment 490 #

2021/0239(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the customer’s identity as well as the beneficial owner’s identity against the relevant sanctions lists of designated persons in order to verify that the customer is not a designated individual, entity or group subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 494 #

2021/0239(COD)

Proposal for a regulation
Article 16 – paragraph 3 a (new)
3a. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanction, including how to identify entities controlled by persons subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 566 #

2021/0239(COD)

Proposal for a regulation
Article 21 a (new)
Article 21a Timing of the assessment whether the customer and the beneficial owner is subject to targeted financial sanctions 1. Credit and financial institutions and crypto-asset service providers shall assess whether the customer and the beneficial owner is subject to targeted financial sanctions when verifying the identity of the customer and the beneficial owner pursuant to Article 19. 2. In addition to the requirements set in Paragraph 1 and without prejudice to any other measures required by Union law relating to targeted financial sanctions, obliged entities shall assess on a regular basis whether any existing customer or beneficial owner is subject to targeted financial sanctions. 3. Without prejudice to any other measures required to comply with the obligation to apply targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the identity of their existing customers and beneficial owners each time when targeted financial sanctions are adopted by the Union. 4. In case an obliged entity identifies, in the course of its customer due diligence requirements, that a customer or beneficial owner is subject to targeted financial sanctions, it shall immediately notify the competent authority accordingly. 5. AMLA shall issue guidelines on the measures to be applied by obliged entities for assessing whether the customer or the beneficial owner is subject to targeted financial sanctions. Those guidelines shall include the following elements: a) risk-based procedures to be established by obliged entities in order to assess whether the customer or the beneficial owner is subject to targeted financial sanctions; b) the extent, timing and procedures for screening measures to be applied by credit and financial institutions and crypto-asset service providers with regard to existing customers or when entering into a new business relationship; c) the conditions to be fulfilled for identifying entities controlled by persons subject to targeted financial sanctions; d) the notification measures to competent authorities in case an obliged entity identifies a customer or a beneficial owner subject to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 650 #

2021/0239(COD)

Proposal for a regulation
Article 27 – paragraph 5 – point d a (new)
(da) the customer, the beneficial owner or any associated person is subjected to targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 704 #

2021/0239(COD)

Proposal for a regulation
Article 36 a (new)
Article 36a Persons subject to restrictive measures by international organisations 1. Obliged entities shall report to the competent FIU any business relationship or transaction with persons subject to UN sanctions in the temporary period between the moment the UN designation is made publicly available and the moment targeted financial sanctions adopted by the Union become applicable. Obliged entities shall refrain from carrying out any transaction related to a person subject to UN sanctions until they have notified the competent FIU and have complied with any further specific instruction from the FIU. 2. When the competent FIU receives such a notification referred to in Paragraph 1, it shall decide to suspend any transaction, withhold its consent or suspend any account up to 10 calendar days or until the adoption of targeted financial sanctions by the Union. 3. This Article is without prejudice to the possibility of Member States to apply temporary measures which ensure a higher level of protection of the financial system of the Union such as temporary measures applying directly UN designations pending the adoption of EU targeted financial sanctions.
2022/07/05
Committee: ECONLIBE
Amendment 707 #

2021/0239(COD)

Proposal for a regulation
Article 37 a (new)
Article 37a Monitoring of transactions with regard to risks posed by targeted financial sanctions 1. Without prejudice to any other measures required by Union law relating to targeted financial sanctions, credit and financial institutions and crypto-asset service providers shall screen the information accompanying a transfer of funds or crypto-asset pursuant to [please insert reference – Regulation on information accompanying transfers of funds and certain crypto-assets (Recast)] in order to assess whether the payee or the payer of a funds transfer, or the originator or the beneficiary of a transfer of crypto-assets, are subject to targeted financial sanctions. By [2 years after the entry into force of this Regulation] AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify: (a) which information shall be screened by the credit or financial institution of the payer as well as the relevant obligations of this institution; (b) which information shall be screened by the credit or financial institution of the payee as well the relevant obligations of this institution; (c) which information shall be screened by the crypto-asset service provider of the originator as well the relevant obligations of this provider; (d) which information shall be screened by the crypto-asset service provider of the beneficiary as well the relevant obligations of this provider. The Commission is empowered to supplement this Regulation by adopting the regulatory technical standards referred to in paragraphs 1 and 3 of this Article in accordance with Articles 38 to 41 of Regulation [please insert reference – proposal for establishment of an Anti- Money Laundering Authority - COM/2021/421 final].
2022/07/05
Committee: ECONLIBE
Amendment 98 #

2021/0213(CNS)

Proposal for a directive
Recital 3 a (new)
(3 a) Insular, peripheral and remote regions had little alternative but to build their economic competitiveness with the support of air transport, enabling and promoting key economic flows and other drivers of economic development enabled by efficient and affordable air services. Improved air connectivity has brought about wider economic benefits, beyond those that benefit the immediate users of air transport networks. Beyond those that could be considered direct economic benefits of aviation, air connectivity between Member States serves as an essential catalyst for economic growth and social welfare. Air linkages that connect central Member States to the insular, peripheral and remote regions continue to make a vital contribution to economic growth.
2022/04/08
Committee: ECON
Amendment 100 #

2021/0213(CNS)

Proposal for a directive
Recital 3 b (new)
(3 b) Until cleaner energy is made available through technological advances, taxpayers are encouraged to consume smartly and use transport that consumes less fossil fuels. However, until more environmentally friendly alternatives are available, the insular, peripheral and remote regions will be at an economic disadvantage compared to the central ones. Insular, peripheral and remote regions should not be discriminated against since in the near future they will not have transport alternatives that are more ecological than air transport. Citizens and businesses on islands and at the periphery should continue to benefit from equivalent connectivity opportunities as their counterparts in more central areas of the Union.
2022/04/08
Committee: ECON
Amendment 101 #

2021/0213(CNS)

Proposal for a directive
Recital 4
(4) Environmental taxation can be a cost-effective mean for Member States to achieve the targeted reductions of greenhouse gasses. The proper functioning of the internal market requires common rules on that taxation, while preserving Member States' flexibility and sovereignty over tax prerogatives, not least with respect to promoting economic and social development of their insular, peripheral and remote regions.
2022/04/08
Committee: ECON
Amendment 112 #

2021/0213(CNS)

Proposal for a directive
Recital 7 a (new)
(7 a) For insular regions having no connections by road, train or bridge with the European mainland, and for peripheral and remote regions, especially those with an economy that is highly dependent on tourism, the kerosene tax should be waived for flights to and from such regions, during the first five years, and should then be raised in five equal annual steps in the following five years to reach the levels achieved for all flights at the end of the ten year period. All precautionary steps should be taken to avoid any "détournement de trafic" in kerosene usage.
2022/04/08
Committee: ECON
Amendment 196 #

2021/0213(CNS)

Proposal for a directive
Recital 36
(36) Every fivthree years and for the first time fivthree years after the entry into force of this Directive, the Commission should report to the Council on the application of this Directive, examining in particular the minimum levels of taxation, the impact of innovation and technological developments, especially as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report should take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and, the impact of this Directive on air connectivity and the economic and social welfare of insular, peripheral and remote regions as well as the wider relevant objectives of the Treaties.
2022/04/08
Committee: ECON
Amendment 236 #

2021/0213(CNS)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend the minimum levels of taxation as referred to in the first subparagraph.
2022/04/08
Committee: ECON
Amendment 242 #

2021/0213(CNS)

Proposal for a directive
Article 7 a (new)
Article 7 a Moratorium for insular, peripheral and remote regions Provided that for insular regions having no connections by road, train or bridge with the European mainland, and for peripheral and remote regions, especially those with an economy that is highly dependent on tourism, the kerosene tax will be waived for flights to and from such regions, during the first five years, and will then be raised in five equal annual steps in the following five years to reach the levels achieved for all flights at the end of the ten year period. All precautionary steps will be taken to avoid any "détournement de trafic" in kerosene usage. The conditions to qualify for the moratorium and for its application shall be defined by a delegated act.
2022/04/08
Committee: ECON
Amendment 369 #

2021/0213(CNS)

Proposal for a directive
Article 29 – paragraph 2
2. The power to adopt the delegated acts referred to in Article 2(8) and Article 5(2) shall be conferred on the Commission for an indeterminate period of time from 1 January 2023.
2022/04/08
Committee: ECON
Amendment 372 #

2021/0213(CNS)

Proposal for a directive
Article 29 – paragraph 3
3. The delegation of power referred to in Article 2(8) and Article 5(2) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/04/08
Committee: ECON
Amendment 374 #

2021/0213(CNS)

Proposal for a directive
Article 29 – paragraph 6
6. A delegated act adopted pursuant to 6. Article 2(8) and Article 5(2) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council have informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.
2022/04/08
Committee: ECON
Amendment 378 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 1
Every fivthree years and for the first time fivthree years after 1 January 2023, the Commission shall submit to the Council a report on the application of this Directive.
2022/04/08
Committee: ECON
Amendment 384 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum levels of taxation, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report shall take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and, the impact of this directive on air connectivity and the economic and social welfare of insular, peripheral and remote regions as well as the relevant wider objectives of the Treaties.
2022/04/08
Committee: ECON
Amendment 17 #

2021/0211(COD)

Proposal for a directive
Recital 28 b (new)
(28 b) In accordance with Council Decision (EU, Euratom) 2020/2053, the Union is legally bound to repay all liabilities incurred by the exceptional and temporary empowerment to borrow funds under Next Generation EU by 31 December 2058 at the latest. Therefore, in order to respect the legally binding Interinstitutional Agreement and its roadmap for the introduction of a basket of new own resources intended to repay the Union’s debt and to align the EU revenue side with the EU political priorities, a share of ETS revenues should accrue to the Union budget to help cover the borrowing costs as enshrined in the [Council Decision 2022/XXXX amending Decision (EU, Euratom) 2020/2053 on the system of own resources of the European Union] and prevent substantial decreases in the EU budget that would jeopardize Union programmes in future MFFs.
2022/02/22
Committee: BUDG
Amendment 477 #

2021/0191(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
These assessment activities will be considered as non-audit services in the sense of art 5 par 1 b of Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC. These assessment activities will not fall under the possible deviations foreseen in par 3 of art 5 of this directive.
2022/01/20
Committee: ECON
Amendment 5 #

2020/2244(INI)

Draft opinion
Paragraph 1
1. Asserts that the Recovery and Resilience Facility is reshaping the European Semester process; underlines that the two processes should be fully coordinated towards building resilience and supporting the recovery from the impact of the COVID-19 crisis; highlights in this regard the absolute need for a strict control on the allocation of the RRF funds by the Member States, to ensure they aim for an effective long term structural sustainable change;
2021/01/18
Committee: BUDG
Amendment 3 #

2020/2124(INI)

Draft opinion
Paragraph 1
1. CNotes the increasing economic role played by the EIB, also in the context of the economic recovery from the shock created by the coronavirus pandemic; is of the opinion that further assessment of EIB activities and lending policy may be needed to ensure additionality of EIB financing; following this assessment, calls on the Member States to urgently agree on capital increase, both cash-in and callable in nature; calls for risks to be taken in the area of green and digital innovation in order to catalyse the just and digital transitions and to stop the financing of stranded assets;
2020/12/11
Committee: BUDG
Amendment 17 #

2020/2124(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the EIB has taken on a significant role in mobilising financing to the economy following the economic fallout caused by the COVID-19 pandemic in 2020;
2021/03/10
Committee: ECON
Amendment 19 #

2020/2124(INI)

Draft opinion
Paragraph 2
2. Reiterates that all financial flows of the European Investment Bank (EIB) Group should be consistent with the goal of achieving net zero emissions by 2050 at the latest and the Union’s new climate objective for 2030; looks forward towelcomes the adoption in 2020 of an ambitious Climate Bank Roadmap 2021-25 (CBRM), which is focussed on ensuring that the transition is green and socially just, and with the aim that the EIB invests in projects that simultaneously support the transition and enhance socio-economic development and which is to include a detailed strategic and operational framework with milestones and a shadow carbon price of at least EUR 100/tonne by 2025; calls for all financial intermediaries and corporate clients to have a decarbonisation plan in place by the end of 20215;
2020/12/11
Committee: BUDG
Amendment 20 #

2020/2124(INI)

Motion for a resolution
Recital B b (new)
B b. whereas the EIB committed in 2019 to support the objectives of the European Green Deal, align all its financing activities with the goals of the Paris Agreement and become the ‘EU Climate Bank’;
2021/03/10
Committee: ECON
Amendment 21 #

2020/2124(INI)

Motion for a resolution
Recital B c (new)
B c. whereas the EIB Board of Directors approved the Climate Bank Roadmap (CBR);
2021/03/10
Committee: ECON
Amendment 22 #

2020/2124(INI)

Motion for a resolution
Recital B d (new)
B d. whereas the EIB has started the review process of its 2011 Transport Lending Policy, with the goal of supporting accessible, efficient, green and safe transport;
2021/03/10
Committee: ECON
Amendment 23 #

2020/2124(INI)

Motion for a resolution
Recital B e (new)
B e. whereas support for SMEs and Midcaps is a fundamental public policy goal of the EIB; whereas in 2019 alone, the EIB Group supported over 386 600 SMEs and mid-caps with new financing; whereas support for SMEs accounted for 35% of overall EIB signature volume;
2021/03/10
Committee: ECON
Amendment 24 #

2020/2124(INI)

Motion for a resolution
Recital B f (new)
B f. whereas EIB investment has the capacity to support the social sector, including health, education and housing;
2021/03/10
Committee: ECON
Amendment 25 #

2020/2124(INI)

B g. whereas in 2019 the EIB approved loans worth EUR 7.8 billion for projects outside the Union, including EUR 1.1 billion in least developed countries (LDCs) and fragile states;
2021/03/10
Committee: ECON
Amendment 26 #

2020/2124(INI)

Motion for a resolution
Recital B h (new)
B h. whereas the EIB Group is currently working to develop counterparty alignment guidelines with environmental and sustainability objectives;
2021/03/10
Committee: ECON
Amendment 27 #

2020/2124(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Stresses that the economic and social crisis caused by the Covid-19 pandemic has significantly harmed economic growth in the EU and that one of the main fallouts is the decline in investment; underlines that the fall in public and private investment has reached alarming levels;
2021/03/10
Committee: ECON
Amendment 35 #

2020/2124(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Supports the European Council’s conclusion that the EIB should have the necessary capital to implement Union policies and the invitation to the EIB Board of Governors to review the capital adequacy of the EIB in view of the instruments included in the MFF and NGEU, as well as the Bank's contribution to the Union's ambitions in fighting climate change and digitalising Europe's economy;
2021/03/10
Committee: ECON
Amendment 46 #

2020/2124(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Takes the view that a capital increase is justified in order to allow the Bank to provide long-term finance and support key real economy investments that otherwise would have not taken place, while keeping the current AAA status;
2021/03/10
Committee: ECON
Amendment 49 #

2020/2124(INI)

Draft opinion
Paragraph 4
4. Expects the CBRM and the EIB’s revised transport lending policy not to fall below the standard of EU taxonomy; calls for no new loans to be granted that hinder the decarbonisation of transport, and, in particular, no new financing to be awarded for the expansion of airports, for increased road capacity, for port expansions inon the EIB to align the lending policy with the European Commission’s strategy for sustainable and smart mobility and with other relevant areas of EU transport policy; calls on the EIB to involve stakeholders and the Europe and related infrastructure or for the shipping of liquefied natural gas; Parliament when preparing the new transport lending policy.
2020/12/11
Committee: BUDG
Amendment 49 #

2020/2124(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Calls, in this context, on the European Commission to study the possibility to be represented in the EIB Board of Governors through the subscription of capital of the EIB using funds from the EU budget;
2021/03/10
Committee: ECON
Amendment 61 #

2020/2124(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Commends the EIB for setting out targets and carrying out evaluations of the economic, social and environmental impacts of projects supported, as well as their additionality and sustainability;
2021/03/10
Committee: ECON
Amendment 64 #

2020/2124(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Underlines that the coronavirus pandemic has been a significant shock for the EU and the global economy, with severe economic and social impacts; underlines that SMEs are the backbone of European economy, but many SMEs are facing unprecedented challenges, especially liquidity challenges due to the pandemic; in this context, welcomes the EIB €25bn protection shield EU guarantee fund, which aims to make more financing available for small and medium companies and mid-caps via financial intermediaries; supports also the agreement reached by the European Parliament and the Council on the InvestEU instrument, which provides a window dedicated to SMEs and horizontal provisions allowing capital support; calls on the EIB and the participating Member States to prioritise policies enhancing job creation and retention and to monitor and measure the impact of the funds to ensure real outcomes.
2020/12/11
Committee: BUDG
Amendment 64 #

2020/2124(INI)

Motion for a resolution
Paragraph 6
6. Stresses the importance of avoiding further geographical imbalances in the EIB’s lending activity so as to ensure a broader geographical and sectoral allocation of investments, reduce regional disparities and enhance convergence; welcomes the efforts already made by the EIB in this regard; notices with concern, however, that, according to the geographical breakdown of lending by country in which projects are located, four Member States received almost 50% of the total loans granted in 2019;
2021/03/10
Committee: ECON
Amendment 69 #

2020/2124(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Welcomes the improvement in diversity in the EIB in gender balance with an increase of women at senior officer and management level positions to 33% and 30% respectively in 2019; welcomes the targets set by the EIB for 2021 to further increase the share of women in these positions; calls on the EIB to continue to promote all forms of diversity and inclusion within its organisation and to set ambitious targets.
2020/12/11
Committee: BUDG
Amendment 69 #

2020/2124(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Calls for the EIB to address systemic deficiencies that prevent certain regions or countries from taking full advantage of EIB financial opportunities, by, inter alia, strengthening its efforts to expand its loan activities, providing technical assistance and advisory support, especially in regions which attract low investment and which did not benefit significantly from the derogation to the State-aid rules during the pandemic crisis because of the lack of financial capacity of the State;
2021/03/10
Committee: ECON
Amendment 72 #

2020/2124(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Calls on the EIB to meet the objectives of its Social Standards and its Strategy for Gender Equality and Women's economic empowerment, and allocate the required internal resources, including human resources, to ensure its full implementation; asks for an update on the gender strategy implementation; calls for gender impacts to be considered also at project level.
2020/12/11
Committee: BUDG
Amendment 76 #

2020/2124(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Calls, in this context, on the EIB to consider proposing additional incentives for projects and credit lines already approved in order to get the projects off the ground as soon as possible and ensure the swift implementation of funds;
2021/03/10
Committee: ECON
Amendment 77 #

2020/2124(INI)

Draft opinion
Paragraph 5 d (new)
5 d. Reiterates the request to publish the content of the meetings of all the EIB’s governing bodies systematically, and asks for more transparency concerning the meetings of the Management Committee, including meeting agendas and external meetings, and their outcomes.
2020/12/11
Committee: BUDG
Amendment 78 #

2020/2124(INI)

Draft opinion
Paragraph 5 e (new)
5 e. Calls on a new ambitious standard on financial intermediaries, with specific benchmarks to select intermediaries following stringent tax, transparency, environmental and social standards.
2020/12/11
Committee: BUDG
Amendment 79 #

2020/2124(INI)

Draft opinion
Paragraph 5 f (new)
5 f. Notes that the corona pandemic has had a huge negative impact on children’s education and wellbeing across the globe, with millions of children still lacking access to education due to lockdown measures and therefore being at risk of regression and suffering potential lifelong effects; welcomes the EIB's investment in education, as investing in education helps to eradicate poverty, boost economic growth and improve gender equality; calls on the EIB to increase its investment into education to help mitigate the severe impact of the corona crisis on education systems globally.
2020/12/11
Committee: BUDG
Amendment 79 #

2020/2124(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Notes that in the context of the Coronavirus response and as of 30 September 2020, the EIB has approved 84 operations within the EU for a total investment of €23,5 billion; notes as well that 88% of the approved operations were allocated to SMEs and mid-caps and the health sector;
2021/03/10
Committee: ECON
Amendment 80 #

2020/2124(INI)

Draft opinion
Paragraph 5 g (new)
5 g. The lack of access to finance for SMEs and midcaps, particularity in the innovation field, remains a structural market failure; calls on the EIB to enhance cooperation with financial intermediaries and NPBIs in order to reach a wide array of SMEs and midcaps; calls on the EIB to priorities projects creating sustainable jobs and reducing inequalities as well as growth capital to enable SMEs to scale up their operations.
2020/12/11
Committee: BUDG
Amendment 81 #

2020/2124(INI)

Draft opinion
Paragraph 5 h (new)
5 h. Notes that the EIB will play a key role in Europe's corona pandemic recovery; calls on the EIB to be prepared for an important advisory role on investment in the just climate and digital transitions, SMEs, cohesion, and the recovery; calls on the EIB to maximise investment levels to curb long term negative impacts of the pandemic.
2020/12/11
Committee: BUDG
Amendment 81 #

2020/2124(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Welcomes the EIB’s participation in COVAX, by investing €400 million in the COVAX Advanced Market Commitment;
2021/03/10
Committee: ECON
Amendment 82 #

2020/2124(INI)

Draft opinion
Paragraph 5 i (new)
5 i. Looks forward to the EIB review of its transparency policy in 2021; calls on the EIB to increase pro-activeness in the timely publication of more ample information on its financing activities as with increased responsibility must come increased accountability, also towards the European Parliament; reminds that transparency is one of the cornerstones of democracy.
2020/12/11
Committee: BUDG
Amendment 83 #

2020/2124(INI)

Draft opinion
Paragraph 5 j (new)
5 j. Welcomes the increased EIB investment in the health sector, including in R&D and innovation for developing a coronavirus vaccine; however, stresses that EIB activities should not contribute towards increasing privatisation of healthcare.
2020/12/11
Committee: BUDG
Amendment 84 #

2020/2124(INI)

Draft opinion
Paragraph 5 k (new)
5 k. Calls on the EIB to apply more stringent tax transparency standards, namely subjecting the granting of direct and indirect loans to publication of tax and accounting data country by country by the beneficiaries and to the sharing of beneficial ownership data on the beneficiaries and financial intermediaries involved in financing operations;
2020/12/11
Committee: BUDG
Amendment 85 #

2020/2124(INI)

Draft opinion
Paragraph 5 l (new)
5 l. Calls on the EIB to deepen its cooperation with OLAF, the Court of Auditors, and the European Public Prosecutor’s Office (EPPO); takes the view that European Public Prosecutor's Office (EPPO) should in the future have the mandate to prosecute criminal activity with regards to EIB funds in the EU Member States which are members of the EPPO;
2020/12/11
Committee: BUDG
Amendment 86 #

2020/2124(INI)

Draft opinion
Paragraph 5 m (new)
5 m. Notes that the EIB is still reviewing its anti fraud policy and urges the EIB to swiftly adopt the updated policy; calls on the EIB to step up its due diligence obligations in line with EU Anti- Money Laundering legislation, and provide a complete regulatory framework to allow the Bank to effectively prevent involvement in illegal activity and ensure a proper sanctioning regime for failure to comply with EU law; calls on the EIB to enhance checks on politically exposed persons.
2020/12/11
Committee: BUDG
Amendment 87 #

2020/2124(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Welcomes the fact that in 2019 31% of EIB’s lending was climate- related;
2021/03/10
Committee: ECON
Amendment 108 #

2020/2124(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Notes that the EIB will structure future work on the implementation of the Roadmap around ten new Action Plans, which will build on the first five years of implementation of the EIB’s 2015 Climate Strategy; Demands, in this context, to be regularly and fully informed on the implementation of the Roadmap;
2021/03/10
Committee: ECON
Amendment 111 #

2020/2124(INI)

Motion for a resolution
Paragraph 14 b (new)
14 b. Calls on the EIB to continue to advance mechanisms to better incorporate the inputs from various stakeholders, such as local and regional authorities, trade unions, NGOs and relevant experts, in its investment strategy as the EU’s Climate Bank;
2021/03/10
Committee: ECON
Amendment 112 #

2020/2124(INI)

Motion for a resolution
Paragraph 14 c (new)
14 c. Welcomes the EIB’s commitment to support the European Commission’s Sustainable Finance Action Plan, in particular by aligning with the EU Taxonomy for tracking climate action and environmental sustainability finance, and by adopting the “Do No Significant Harm” criteria as a base to evaluate projects;
2021/03/10
Committee: ECON
Amendment 113 #

2020/2124(INI)

Motion for a resolution
Paragraph 15
15. Recalls that the review of the EIB’s transport lending policy is a key priority; stresses the importance of aligning the EIB’s transport portfolio with the Paris Agreement as soon as possible; calls for the swift adoption of a new transport financing policy strategy aiming to decarbonise the EU transport sector by 2050 and promote accessible, efficient, green and safe means of transport; underlines, in this context, that the EIB should continue its engagement in financing innovation and green technology for aviation;
2021/03/10
Committee: ECON
Amendment 128 #

2020/2124(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Calls on the EIB to support projects aimed at facilitating a just transition in the Member States; underlines that the transition towards a carbon-neutral economy must be inclusive, fair and must leave no one behind; suggests the EIB to proactively work with Member States in view of supporting regions where jobs are highly dependent on high-emitting industries;
2021/03/10
Committee: ECON
Amendment 129 #

2020/2124(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Welcomes the fact that the EIB is the world’s largest issuer of green bonds which have raised € 34,6 billion of Climate Awareness Bonds and Sustainability Awareness Bonds over 12 years; calls on the EIB to continue and to expand the issuance of green bonds to enhance the liquidity of that market and to remain involved in the development of an EU green bond standard;
2021/03/10
Committee: ECON
Amendment 140 #

2020/2124(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Welcomes the fact that in 2019 the EIB supported innovation and skills with €14.4 billion; calls the EIB to enhance its support for innovation and skills;
2021/03/10
Committee: ECON
Amendment 141 #

2020/2124(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. Recalls that SMEs are the back bone of Europe's economy, representing 99% of all businesses in the EU and employing at around 100 million people Welcomes the fact that in 2019 the EIB provided financing for SMEs and mid- caps with total investment amounting to €25.5 billion, supporting 386 000 companies;
2021/03/10
Committee: ECON
Amendment 146 #

2020/2124(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Notes that the COVID-19 outbreak revealed the fragility of the EU’s supply chains and the insufficiency of IT networks; calls on the EIB to align its investment strategy to help ensure greater resilience of the internal market’s value chains and strengthen the European industrial sector, especially in strategic areas;
2021/03/10
Committee: ECON
Amendment 149 #

2020/2124(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Calls on the EIB to mobilise sufficient support for infrastructure on delivering faster internet speed to all regions in the EU and bridge the existing digital divide;
2021/03/10
Committee: ECON
Amendment 153 #

2020/2124(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls on the EIB to continue its support towards advancing digital skills, in particular for employees in sectors of the economy in need adjustment and requalification;
2021/03/10
Committee: ECON
Amendment 154 #

2020/2124(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Calls on the EIB to enhance its support to innovative European companies through all stages of development, from seed to growth capital, financing the creation of a knowledge economy by combining investment in skills, research, infrastructure and energy efficiency with support for young tech companies;
2021/03/10
Committee: ECON
Amendment 158 #

2020/2124(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Underlines that the EIB will continue to be the main investment partner for the implementation of the InvestEU programme;
2021/03/10
Committee: ECON
Amendment 159 #

2020/2124(INI)

Motion for a resolution
Paragraph 20 b (new)
20 b. Welcomes the EIB’s commitment to invest in the social sector, thereby fostering well-being, access to education, health and housing, as well as the acquisition of skills required by a modern knowledge-based economy;
2021/03/10
Committee: ECON
Amendment 165 #

2020/2124(INI)

Motion for a resolution
Paragraph 22
22. Calls on the EIB to play an active role in helping Member States to deliver on the implementation of the European Pillar of Social Rights, while standing ready to align with the forthcoming Commission action plan and the Social Summit in Porto; points toreiterates the importance of ex-ante and ex- post evaluations of the sustainability, economic, social and environmental impact of projects backed directly or indirectly by the EIB;
2021/03/10
Committee: ECON
Amendment 170 #

2020/2124(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Calls on the EIB to refrain from participating in projects which may weaken citizens’ access to high quality public services;
2021/03/10
Committee: ECON
Amendment 171 #

2020/2124(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Notes that the COVID-19 pandemic has had a huge negative impact on children’s education and well-being across the globe, with millions of children still without access to education due to lockdown measures and therefore at risk of regression and suffering potential lifelong effects; welcomes the EIB’s investment in education, as investing in education helps to eradicate poverty, boost economic growth and improve gender equality; calls on the EIB to increase its investment in education to help mitigate the severe impact of the COVID-19crisis on education systems globally;
2021/03/10
Committee: ECON
Amendment 172 #

2020/2124(INI)

Motion for a resolution
Subheading 6
Becoming the EU DSupporting development Bankd sustainability outside the EU
2021/03/10
Committee: ECON
Amendment 173 #

2020/2124(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the fact that the EIB is the largest multilateral lender in the world that strives to support EU external cooperation and development policies; notes that the EIB has been active outside the EU for over 50 years with €64.8bn loans granted in 106 different countries as of end-2019, of which EUR 7.9bn were signed in 2019;
2021/03/10
Committee: ECON
Amendment 175 #

2020/2124(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Insists that the EIB should apply the same standards and criteria to assess and evaluate projects inside and outside the European Union, including those recently agreed in the CBR ; Considers, in this context, that the EIB should enhance its monitoring and reporting of projects outside the EU and improving its analysis of the economic, social and environmental impacts;
2021/03/10
Committee: ECON
Amendment 176 #

2020/2124(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Welcomes the provisional agreement reached between the European Council and the European Parliament on the regulation setting up the Neighbourhood, Development and International Cooperation Instrument; notes in particular the role the EIB will play in the context of the European Fund for Sustainable Investment;
2021/03/10
Committee: ECON
Amendment 183 #

2020/2124(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Stresses the need for full alignment of EIB investments in third countries with EU external action and sustainable development priorities;
2021/03/10
Committee: ECON
Amendment 192 #

2020/2124(INI)

Motion for a resolution
Paragraph 26
26. Proposes the establishment of a protocol for a Memorandum of Cooperation between the EIB and Parliament, applicable with immediate effect, in order to improve interinstitutional dialogue and enhance the EIB’s transparency and accountability, specifying the rights of Parliament and its Members as regards access to documents, data, questions put to the EIB, regular hearings and economic dialogues;
2021/03/10
Committee: ECON
Amendment 221 #

2020/2124(INI)

Motion for a resolution
Paragraph 28
28. Welcomes the EIB’s Group Strategy on Gender Equality and Gender Action Plan; takes note of the 2019 Progress Report on Diversity and Inclusion; notes that women represent 51.4% of the EIB workforce; regrets the fact that women are still not sufficiently represented in managerial and senior office positions; believes that more needs to be done in this regard during the implementation of the second phase of the Action Plan in 2021; calls, therefore, on the EIB to further encourage the participation of women and actively promote a balance gender representation in its senior positions;
2021/03/10
Committee: ECON
Amendment 237 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Calls on the EIB to take advantage of the ongoing review of its overall policy on alignments with counterparties and ensure greater transparency and stricter due diligence over its partners and their eligibility to disburse EIB-backed funds under strict conditionality, comprising ethical, integrity, social and environmental criteria;
2021/03/10
Committee: ECON
Amendment 239 #

2020/2124(INI)

30 b. Reiterates, in this regard, its call on the EIB to only work with counterparties which have decarbonisation plans in place by the end of 2025, without prejudice to the ability of the EIB to offer technical assistance on devising such decarbonisation plans;
2021/03/10
Committee: ECON
Amendment 240 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 c (new)
30 c. Asks the EIB to provide more regular, in-depth and comprehensive information on the financial intermediaries responsible to redistribute loans in the context of lending operations and include contractual clauses concerning mandatory disclosures from these institutions;
2021/03/10
Committee: ECON
Amendment 241 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 d (new)
30 d. Reiterates previous concerns expressed by the Parliament about the lack of control over the funds managed by financial intermediaries and the difficulty of monitoring final beneficiaries and the compliance with eligibility criteria, namely on sustainability standards and other public purposes;
2021/03/10
Committee: ECON
Amendment 242 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 e (new)
30 e. Calls on the EIB to reinforce contractual clauses enabling it to suspend disbursements in cases of projects' non- compliance with environmental, social, human rights, tax and transparency standards;
2021/03/10
Committee: ECON
Amendment 243 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 f (new)
30 f. Welcomes that the EIB Anti- Fraud Policy, which is the main framework on preventing and deterring Prohibited Conduct in EIB activities, is currently being revised;
2021/03/10
Committee: ECON
Amendment 244 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 g (new)
30 g. Calls furthermore for a stringent Exclusion Policy, to provide the Bank with the possibility to go beyond the application of contractual remedies, by excluding entities found engaged in fraud, corruption, money laundering or other forms of wrongdoing from EIB financing;
2021/03/10
Committee: ECON
Amendment 245 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 h (new)
30 h. Takes note of the December 2020 Anti-Money Laundering and Combating Financing of Terrorism Framework of the EIB; is concerned that the framework outlined is not detailed on specific procedures to align the Bank’s activities with EU law, namely on customer due diligence and in particular when enhanced due diligence takes place;
2021/03/10
Committee: ECON
Amendment 246 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 i (new)
30 i. Welcomes the adoption of the EIB Group non-cooperation jurisdiction (NCJ) policy in 2019 and subsequent revision of implementing internal procedures; recalls that the policy foresees a general prohibition to enter into operations with contracting counterparties incorporated or established in NCJs, except under strict conditions;
2021/03/10
Committee: ECON
Amendment 247 #

2020/2124(INI)

Motion for a resolution
Paragraph 30 j (new)
30 j. Welcomes the European Court of Auditors’ work with respect to Union budget funds managed by the EIB and calls on the institutions to agree on enhancing ECA audit rights within the limits of the EU Treaties;
2021/03/10
Committee: ECON
Amendment 13 #

2020/2112(INI)

Motion for a resolution
Citation 25
— having regard to the statements adopted at the Northern Dimension Parliamentary Forum in Bodø, Norway, in November 2019, in Reykjavik, Iceland, in May 2015, in Archangelsk, Russia, in November 2013, in Tromsø, Norway, in February 2011 and in Brussels in September 2009,
2021/05/11
Committee: AFET
Amendment 20 #

2020/2112(INI)

Motion for a resolution
Citation 25 a (new)
— having regard to the statement from the 14th Conference of Parliamentarians of the Arctic Region 13- 14 April 2021,
2021/05/11
Committee: AFET
Amendment 23 #

2020/2112(INI)

Motion for a resolution
Citation 25 b (new)
— having regard to the 2019 strategic note of the European Political Strategy Centre on a balanced Arctic Strategy for the EU,
2021/05/11
Committee: AFET
Amendment 30 #

2020/2112(INI)

Motion for a resolution
Recital A
A. whereas since the end of the Cold War, the Arctic has been a zone of peace andpeaceful area of international cooperation, and the goal of the international community should be to keep it as such;
2021/05/11
Committee: AFET
Amendment 37 #

2020/2112(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas Denmark, Finland and Sweden are Arctic countries; whereas the EU’s only indigenous people, the Sami people, live in the Arctic regions of Finland and Sweden, as well as Norway and Russia;
2021/05/11
Committee: AFET
Amendment 42 #

2020/2112(INI)

Motion for a resolution
Recital C
C. whereas the future of the Arctic requires a broader understanding and actions reaching beyond the regional level owing to the direct link between the geopolitics and security of the Arctic and its environmental situation; whereas the region’s geopolitical importance is growing;
2021/05/11
Committee: AFET
Amendment 51 #

2020/2112(INI)

Motion for a resolution
Recital D
D. whereas the effects of climate change in the Arctic and the re-emergence of geopolitical competition in the region may impact the economic and security development of the northern hemisphereregion;
2021/05/11
Committee: AFET
Amendment 61 #

2020/2112(INI)

Motion for a resolution
Recital E
E. whereas the region’s geo-economic importance is quickly growing due to competition for itsits rich natural resources and the emerging new maritime routes;
2021/05/11
Committee: AFET
Amendment 63 #

2020/2112(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the natural resources of the Arctic region largely are within the national jurisdiction of the Arctic states and the ownership of these resources is undisputed;
2021/05/11
Committee: AFET
Amendment 66 #

2020/2112(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the need to develop and find sustainable solutions for energy- production and transportation has increased the global demand for rare- earth elements, which has turned the focus into the Arctic's largely unexploited natural resources;
2021/05/11
Committee: AFET
Amendment 84 #

2020/2112(INI)

Motion for a resolution
Recital I
I. whereas the remit of the Arctic Council is limited, giving ibut the flexibility to adapt to new challenges but also making it less able to respond to all the issues affectinghas been vital in securing a peaceful and constructive cooperation between the Arctic states, and served as a basis for several binding agreements between the Arctic States;
2021/05/11
Committee: AFET
Amendment 93 #

2020/2112(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas the Arctic coastal states have confirmed in 2008 and 2018, in the Ilulissat declaration, that they will follow international law, most notably the Law of the Sea (UNCLOS), in governing the Arctic Ocean;
2021/05/11
Committee: AFET
Amendment 99 #

2020/2112(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas there has been a longstanding engagement of the EU in the Arctic through its involvement in the Northern Dimension Policy with Russia, Norway and Iceland, in the Barents cooperation and particularly in the Barents Euro-Arctic Council and the Barents Regional Council, in the strategic partnerships with Canada, the US and Russia, as well as through its participation as an active de facto observer in the Arctic Council in recent years;
2021/05/11
Committee: AFET
Amendment 108 #

2020/2112(INI)

Motion for a resolution
Recital L
L. whereas Russian obstruction has since 2014 denied the EU formal observer status to the Arctic Councilthe EU has been denied formal observer status to the Arctic Council, due to the Russian veto since 2014 and before that due to the Canadian veto;
2021/05/11
Committee: AFET
Amendment 112 #

2020/2112(INI)

Motion for a resolution
Recital L a (new)
La. whereas France, Germany, the Netherlands, Poland, Spain and Italy – observers to the Arctic Council – show a substantial involvement in the Arctic and strong interest in future dialogue and cooperation with the Arctic Council; whereas Estonia has applied to become an observer to the Arctic Council;
2021/05/11
Committee: AFET
Amendment 115 #

2020/2112(INI)

Motion for a resolution
Recital L b (new)
Lb. whereas Iceland and Norway, as engaged and reliable partners, are associated with the EU through the EEA and the Schengen Agreements;
2021/05/11
Committee: AFET
Amendment 123 #

2020/2112(INI)

Motion for a resolution
Recital M
M. whereas the military importance of the Arctic is rapidly increasing due to the progressive and steady re-militarisation of the Russian Federation, significantly increasavoiding any spill-over effect to the Arctic from geopolitical tensions and conflicts in other regions is important, notes that the security importance and military presence ing the likelihood of military confrontation in the regionArctic is rapidly increasing;
2021/05/11
Committee: AFET
Amendment 153 #

2020/2112(INI)

Motion for a resolution
Paragraph 1
1. Considers that the Arctic plays a crucial role in keeping the environmental balance of the planet and aims to maintain the region as a zonen area of peace andful international cooperation;
2021/05/11
Committee: AFET
Amendment 181 #

2020/2112(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Recognises the importance of the Conference of Parliamentarians of the Arctic Region and the Northern Dimension Parliamentary Forum, and is committed to a strong and active participation in the parliamentary cooperation in the North;
2021/05/11
Committee: AFET
Amendment 182 #

2020/2112(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Stresses that due to the multitude of complex and intertwined issues concerning economic, environmental and security development of the Arctic, the region’s security needs global, regional and local stages for dialogue, and should be explored without prejudice;
2021/05/11
Committee: AFET
Amendment 191 #

2020/2112(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes that the stability of the Arctic has long remained relatively unaffected by conflicts in other areas of the world; considers it important to ensure that any military activity in the Arctic is carried out in a way that promotes security and stability in the region; calls on the Arctic States to reduce any tensions by ensuring predictability and transparency with regard to such activity;
2021/05/11
Committee: AFET
Amendment 205 #

2020/2112(INI)

Motion for a resolution
Paragraph 6
6. Underlines that cooperation with Russia in the Arctic should be consistent with the principle of selective engagement and should not jeopardise the goals of sanctions against Russian actions elsewhere; notes that the Arctic Council should be seen as a platform to maintain and continue open dialogue with Russia on matters of importance also for the EU;
2021/05/11
Committee: AFET
Amendment 212 #

2020/2112(INI)

Motion for a resolution
Paragraph 7
7. Considers that the inclusion of the Arctic by China in its economic development programmes, with the aspiration to integrate the Arctic’s northern sea route into its Belt and Road Initiative (as a ‘Polar Silk Road’), as well as the Arctic’s prominent place in the military strategy of the Russian Federation, are cause for concern and challenge any idea that the Arctic could be dealt with as a self-containedin order to maintain the Arctic as a peaceful and stable region;
2021/05/11
Committee: AFET
Amendment 262 #

2020/2112(INI)

Motion for a resolution
Paragraph 11
11. Is of the opinion that the Arctic should play a central role in the European Raw Materials Alliance, boosting Europe’s output of critical minerals and, cutting dependence on China for rare earth metals and developing opportunities for green economic growth;
2021/05/11
Committee: AFET
Amendment 264 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Underlines that the sustainable and strategic use of Arctic natural resources should be accompanied by the development of a key northern transport passage that contributes to greener transition; notes that specifically new Northern rail links would stimulate the economies of the Northern and Baltic States and improve market access in the North-South dimension; calls therefore on the Commission to address Northern transport issues and identify opportunities in the context of the Northern Dimension Partnership for Transport and Logistics (NDPTL); underlines that better links are needed within the Northern Dimension (ND) region to reduce remoteness and ensure connectivity in response to the global development;
2021/05/11
Committee: AFET
Amendment 268 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Calls for an increase in the accessibility of digital infrastructure in the Arctic, thereby promoting entrepreneurship, innovation and diversify economic development and underscores the importance of promoting the use of renewable energy in remote Arctic communities and encourages further work on innovative energy solutions and related capacity construction in the Arctic aimed at climate change prevention taking into account the needs of an increasingly electrifying society;
2021/05/11
Committee: AFET
Amendment 271 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Notes the role of the private sector in developing sustainable solutions for the Arctic; calls on the Commission to support European companies’ investments in key sectors like renewable energy production, logistics and the development of the power grid; investment opportunities under the EU’s investment and funding instruments should be identified in order to facilitate European companies access to the Arctic market;
2021/05/11
Committee: AFET
Amendment 273 #

2020/2112(INI)

Motion for a resolution
Paragraph 11 d (new)
11d. Underlines the importance of Arctic research in the fields pertaining to sustainable development. Underlines the important contributions from EU and its Member States in Polar science and the importance of knowledge as fundamental for political decisions and sustainable development in the Arctic. Notes that the EU has been a major financier of Arctic research through programmes like Horizon 2020; stresses the need to increase the EU Arctic R&D funding;
2021/05/11
Committee: AFET
Amendment 277 #

2020/2112(INI)

Motion for a resolution
Paragraph 12
12. Notes the signing and entry into force of the CAOF agreement, which represents an ambitious and innovative step towards tackle the problems ofhieving sustainable development in the Arctic;
2021/05/11
Committee: AFET
Amendment 285 #

2020/2112(INI)

Motion for a resolution
Paragraph 13
13. Underlines the importance of taking precautionary approach to Arctic fisheries, at all stages, and encourages the adoption of a sustainable, science-based approach; is concerned by the inability of Arctic coastal states to agree on how to divide quotas on transboundary fish stocks and and expresses its support for existing regional fisheries management organisations;
2021/05/11
Committee: AFET
Amendment 295 #

2020/2112(INI)

Motion for a resolution
Paragraph 14
14. Is concerned by the persistent but different intentions of the Russian Federation and China to pursue far- reaching and highly impactful exploitation projects without appropriate assessment of their environmental impacts;
2021/05/11
Committee: AFET
Amendment 320 #

2020/2112(INI)

Motion for a resolution
Paragraph 16
16. States that the exploitation of the Arctic’s resources should benefit local inhabitants; advocates, in this regard, for a stronger link between businesses operating in the Arctic and local communities to create economic and research opportunities, jobs and sustainable development of resources and supports the implementation of standards such as the Arctic Investment Protocol and the UN Global Compact Initiative;
2021/05/11
Committee: AFET
Amendment 323 #

2020/2112(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls for a strengthening of the funding of programs such as “north2north” and other mobility programs especially directed at young people living in the Arctic;
2021/05/11
Committee: AFET
Amendment 337 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Notes with grave concern that the accelerating impacts of global climate change are particularly pronounced in the Arctic, that the region is warming at a rate three times of the global average and that dramatic changes in ice conditions, sea levels and air temperatures are taking place, which are caused by global climate change, predominantly due to activities outside the Arctic, resulting in rapid social, environmental, and economic impacts, that effects not only the region but is felt worldwide. Underlines that the people of the Arctic are dramatically experiencing the effects of climate change, and need support and resources to adapt to these profound changes;
2021/05/11
Committee: AFET
Amendment 341 #

2020/2112(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Urges the EU to take a leading role in the work to forge an ambitious climate action plan for the Arctic, addressing global emission mitigation of greenhouse gases and adaption to climate change while supporting innovative solutions relevant to the Arctic;
2021/05/11
Committee: AFET
Amendment 355 #

2020/2112(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the updating of the EU’s Arctic policy, which should also reflect new security realities; is of the opinion that the EU should engage with stakeholders which have a vested interest in promoting regional stability and prosperity; Notes that the EU should also aim to participate in other political forums linked to Arctic development;
2021/05/11
Committee: AFET
Amendment 374 #

2020/2112(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Is of the opinion that the role of the Parliament should be strengthened in the EU’s Arctic policy formulation, by organising debates on Arctic Policy in the plenary and through the establishment of a specifically designated Inter- parliamentary Delegation, with special responsibility for the Arctic cooperation;
2021/05/11
Committee: AFET
Amendment 376 #

2020/2112(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Stresses the need for the EU to engage with all Arctic partners in policy dialogue, and calls for intensified cooperation between the EU, the Arctic Council in the framework of the Northern Dimension, the Barents Euro-Arctic Council and other bodies involved in cooperation in the High North; underlines the important role of observers in the Arctic Council with great experience and long-time engagement in scientific and political cooperation in the Arctic; welcomes, in this regard, the ongoing dialogue between the observers and the Arctic Council Presidency;
2021/05/11
Committee: AFET
Amendment 378 #

2020/2112(INI)

Motion for a resolution
Paragraph 20 c (new)
20c. Notes that the Barents Euro-Arctic Council has played an important role in building trust and mutual understanding in the North while enhancing cooperation between the Arctic countries; acknowledges that the Northern Dimension policy with its partnerships and the Barents Euro-Arctic Council with its activities can support the implementation of the goals of EU´s enhanced Arctic strategy and vice versa;
2021/05/11
Committee: AFET
Amendment 393 #

2020/2112(INI)

Motion for a resolution
Paragraph 23
23. Calls for the aims of the new Arctic Strategy to be reflected in the EU’s programmes, projects, finances and relevant legislation, as well as in the work of the relevant EU agencies; Stresses that Arctic development should also regularly be addressed at the Political and Security Committee and during Council meetings;
2021/05/11
Committee: AFET
Amendment 399 #

2020/2112(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Urges the Commission to establish a specific working group covering Northern Europe and the Arctic in a comprehensive manner; notes that the EU’s internal coordination on Arctic matters should be strengthened both in the Commission working group level and between the relevant EU agencies; encourages the Commission to entrust a coordinating role for Arctic policies to one Commissioner to avoid duplication of competences;
2021/05/11
Committee: AFET
Amendment 28 #

2020/2078(INI)

Motion for a resolution
Recital C
C. whereas a determined, coordinated and solidarity-based European response is essential to mitigate the negative economic and social consequences of the crisis, the fragmentation of the internal market and the further deepening of macroeconomic divergence and structural polarisation between regions and countries;
2020/07/13
Committee: ECON
Amendment 29 #

2020/2078(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas most of the effects are likely to be temporary and the national and European policies in place to support incomes, jobs, liquidity and investment are effective, economic activity will rebound once restrictions are gradually eased; whereas, nevertheless, lasting negative consequences can be expected, such as continued subdued demand, market and income uncertainties, investment shortfalls and drops in employment, which reduce the productive potential of the economy and harm a return to the former trajectory of production and growth;
2020/07/13
Committee: ECON
Amendment 40 #

2020/2078(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the Commission estimates total government financing needs at € 5.4trn over 2020 and 2021. This includes pre-crisis financing needs of € 3.7trn and additional financing needs due to the impact of the COVID-19 crisis of € 1.7trn for EU Member States over 2020 and 2021;1a _________________ 1a Commission Staff Working Document: Identifying Europe's recovery needs https://ec.europa.eu/info/sites/info/files/ec onomy- finance/assessment_of_economic_and_in vestment_needs.pdf
2020/07/13
Committee: ECON
Amendment 43 #

2020/2078(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas the COVID 19 crisis is affecting vulnerable groups in particular, resulting in increased inequalities, poverty, unemployment and social divergences, as well as undermining social and employment standards in Europe;
2020/07/13
Committee: ECON
Amendment 47 #

2020/2078(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas women are disproportionately hit as a result of the crisis;
2020/07/13
Committee: ECON
Amendment 48 #

2020/2078(INI)

Motion for a resolution
Recital C e (new)
Ce. whereas the EU and its Member States have committed to the treaty-based values, implementation of the UN 2030 Agenda, the European Pillar of Social Rights and the Paris Climate Agreement;
2020/07/13
Committee: ECON
Amendment 50 #

2020/2078(INI)

Motion for a resolution
Paragraph 1
1. Notes with great concern that, according to the Commission’s Spring 2020 economic forecast, the EU is expected to suffer the deepest recession in its history in 2020; with a contraction in EU GDP of 7½%, far deeper than during the financial crisis in 2009, a surge of the aggregate budget deficit from 0.6% of GDP in 2019 to 8½% of GDP in 2020 in both the euro area and the EU, a new peak of the euro area’s aggregate debt-to- GDP ratio of close to 103% reversing the declining trend since 2014, unemployment in the euro area is expected to increase from 7.5% in 2019 to 9½% and HICP inflation in the euro area of 0.2% in 2020; 1a _________________ 1aEuropean Economic Forecast Spring 2020 https://ec.europa.eu/info/sites/info/files/ec onomy-finance/ip125_en.pdf
2020/07/13
Committee: ECON
Amendment 62 #

2020/2078(INI)

Motion for a resolution
Paragraph 2
2. Is concerned at the negative impact of the COVID-19 crisis on the global economy, trade, income inequalities and poverty; , with a projected contraction of the global GDP (excluding the EU) by about 3% this year, which is a sharper downturn than during the Global Financial Crisis in 2008-2009, a fall of world import volumes by more than 10% and a fall of euro area exports by about 13% in 2020; Is alarmed about the increase in poverty since many emerging and low-income countries have limited capacity to deal with a health crisis of this magnitude as well as limited policy space to absorb the macroeconomic impact, in particularly in face of subdued prospects for commodity prices and tightened financial conditions; 1b _________________ 1b European Economic Forecast Spring 2020 https://ec.europa.eu/info/sites/info/files/ec onomy-finance/ip125_en.pdf
2020/07/13
Committee: ECON
Amendment 71 #

2020/2078(INI)

Motion for a resolution
Paragraph 3
3. Points out that the Commission’s estimate of the investment needs of the EU for delivering the green transition and digital transformation amounts to at least EUR 595 billion per year8 27 in 2020 and 2021 will amount to €1,5trn in addition to the baseline assumed in the spring forecast, and for delivering the green transition and digital transformation to at least €595bn per year8; including additional investment needs of €20bn per year to make the strategic investments for EU autonomy to strengthen the resilience of industries and the EU’s strategic autonomy for most- needed goods and services (medical products and pharmaceuticals, strategic digital infrastructure, key enabling technologies, critical raw materials, defence and space); _________________ 8 Commission Staff Working Document -: Identifying Europe's recovery needs, p. 16: https://ec.europa.eu/info/sites/info/files/eco nomy- finance/assessment_of_economic_and_inv estment_needs.pdf
2020/07/13
Committee: ECON
Amendment 78 #

2020/2078(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses in that both public and private sector investment was already clearly insufficient before the crisis, despite historically low interest rates, and the projections reveal an additional sharp reduction in investment that is estimated at €846bn in 2020 and 2021 taken together; 1c _________________ 1cCommission Staff Working Document: Identifying Europe's recovery needs https://ec.europa.eu/info/sites/info/files/ec onomy- finance/assessment_of_economic_and_in vestment_needs.pdf
2020/07/13
Committee: ECON
Amendment 90 #

2020/2078(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes the swift and strong response to the crisis in the area of monetary and fiscal policy, at both EU and Member State level, with the ECB’s Pandemic Emergency Purchase Programme (PEPP), the activation of the European Stability Mechanism (ESM) and the launch of the EIB’s pan- European Guarantee Fund ensuring liquidity and stabilization of financial markets, the activation of the ‘general escape clause' by the European Commission, allowing the maximum flexibility to the fiscal framework and the adopted temporary state aid rules to allow national governments to financially support healthcare systems and businesses and the imminent European Support Scheme Mitigating Unemployment Risks in Emergency (SURE) to keep people in employment during the crisis;
2020/07/13
Committee: ECON
Amendment 96 #

2020/2078(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Welcomes in principle the Commission’s proposal of a new Recovery and Resilience Facility to support Member States through non-repayable financial support and loans to implement investments and reforms that are essential for a sustainable recovery based on priorities identified in the framework of the European Semester of economic policy coordination, including the principles of the European Pillar of Social Rights, and in regard to contribute to the 2030 climate goal and to the digital agenda; (Article subject to adjustment due to the state of negotiations)
2020/07/13
Committee: ECON
Amendment 103 #

2020/2078(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the swift and strong response to the crisis in the area of monetary and fiscal policy, at both EU and Member State level, as well as the European Recovery Plan; cConsiders it essential that the recovery package is fully aligned with the EU’s new growth strategy, i.e. in accordance with the principles of the European Green Deal (EGD), the European Pillar of Social Rights (EPSR) and the United Nations Sustainable Development Goals (SDGs), and with the aim to protect women’s rights and achieve gender equality and that puts the well-being of citizens and sustainability in the center of our action; Moreover, the recovery fund should provide additional support to the Sustainable Europe Investment Plan (SEIP) to boost the EU’s economies towards a sustainable and inclusive economy that would enable the essential transition to a climate-neutral economy; demands that funds and resources be directed to projects and beneficiaries that comply with our Treaty-based fundamental values, including the rule of law, and that recipient firms protect their workers, pay their fair share of taxes, and refrain from paying out dividends or offering share buy- back schemes aimed at remunerating shareholders;
2020/07/13
Committee: ECON
Amendment 113 #

2020/2078(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Underlines the need for the recovery plan to protect workers, employees, the self-employed and SMEs and ensure their income compensation; The recovery must be based on upward social economic convergence, social dialogue and improved social rights and working conditions with targeted measures for those in precarious forms of work; Calls on the EU institutions and the Member States to ensure that public financial support to corporations is provided under the condition to guarantee the jobs and the income of their employees, to commit to sustainability objectives upon adherence to international standards of responsible business;
2020/07/13
Committee: ECON
Amendment 118 #

2020/2078(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the activation of the general escape clause of the Stability and Growth Pact, and expects that it will remain activated at least until the end of 2021 in order to support the efforts of the Member States to recover from the pandemic crisis and strengthen their economic and social resilience; and to pave the way to the ecological transition that is fair and inclusive, that supports the economy’s competitiveness and that addresses the risks posed by climate change, including the resulting increase in regional disparities and social inequalities; In this regard, shares the view of the European Fiscal Board that rapidly reversing the fiscal stance is not favourable for the recovery and that larger and longer fiscal support and the extension of discretionary fiscal measures, including a strong component of government spending, is needed, also in 2021, to sustain demand; 1e _________________ 1e EFB Report 2020: Assessment of the fiscal stance appropriate for the euro area https://ec.europa.eu/info/publications/asse ssment-fiscal-stance-appropriate-euro- area_en
2020/07/13
Committee: ECON
Amendment 226 #

2020/2078(INI)

Motion for a resolution
Paragraph 13
13. Recognises the role that the Commission has allotted to the European Semester in the Recovery Plan and its importance for policy coordination at EU level given the size and the unprecedented nature of the policy measures adopted at the Member State level; notes, however, that the effectiveness and success of the alignment of Member States’ investment and reform programmes to the Semester process will depend on the progress of the Semester reform, reinforced implementation of the Country Specific Recommendations by the Member States and the above-mentioned reform of the Stability and Growth Pact;
2020/07/13
Committee: ECON
Amendment 232 #

2020/2078(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Welcomes the European Green Deal as our new growth strategy bringing together four dimensions: environment, productivity, stability and fairness, and where competitive sustainability is at the heart of Europe’s social market economy, enabled by digital and green technologies, an innovative industrial base and strategic autonomy, to make Europe a transformational frontrunner;
2020/07/13
Committee: ECON
Amendment 234 #

2020/2078(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Calls for the improvement of the social scoreboard, considering the UN Agenda 2030, to address and examine the actual social needs of the crisis and addresses lasting consequences with the aim to facilitate quality employment, quality health and social care services, education and training and social protection systems; Furthermore, calls for the completion of the imbalance procedure to monitor and identify social imbalances and to integrate a social imbalance procedure, that would lead to Country Specific Recommendations and the definition of Medium-Term Social Objectives in order to correct such imbalances;
2020/07/13
Committee: ECON
Amendment 246 #

2020/2078(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls for an institutionalised economic and social dialogue with social partners and relevant stakeholders to strengthen democratic accountability, transparency and the scrutiny role of civil society;
2020/07/13
Committee: ECON
Amendment 21 #

2020/2075(INI)

Motion for a resolution
Recital A (new)
A. whereas the challenge of the dual transformation (climate protection and digitalisation) requires additional annual public investment in the three digit billion range, which cannot be provided for under current fiscal policy; whereas in both public and private sector investment was already clearly insufficient before the crisis, despite historically low interest rates;
2021/04/23
Committee: ECON
Amendment 24 #

2020/2075(INI)

A. whereas over the past 30 years the economic governance framework has undergone a number of changes to resolve its design and implementation flaws and adapt it to new economic challenges;
2021/04/23
Committee: ECON
Amendment 26 #

2020/2075(INI)

Motion for a resolution
Recital C (new)
C. whereas in 2015 the European Commission (EC) adopted guidance on the best use of the flexibility in the rules of the SGP strengthening the link between structural reforms, investment and fiscal responsibility;
2021/04/23
Committee: ECON
Amendment 27 #

2020/2075(INI)

Motion for a resolution
Recital D (new)
D. whereas the current governance framework presents conceptual and practical weaknesses that lead to rules overly complex, weak enforcement, lack of ownership and of incentives to pursue symmetrical counter-cyclical policies and it did not succeed to reduce divergences between in the EU nor to protect or stimulate growth enhancing public investment;
2021/04/23
Committee: ECON
Amendment 29 #

2020/2075(INI)

Motion for a resolution
Recital F (new)
F. whereas there are significant investment funding gaps that should be addressed: €470 billion a year until 2030 to meet EU environmental objectives 20a; €142billion a year for social infrastructure such as hospitals or schools 21a ; along with €190 billion a year to stabilise the stock of public capital 22a; _________________ 20aEuropean Commission, “SWD(2020) 98 final - Identifying Europe’s recovery needs”, 27.5.2020, p.14-16. 21aThis estimation only cover health and long-term care (EUR 70 billion), education and life-long learnings (EUR 15 billion) and affordable housing (EUR 57 billion). Source: FRANSEN, L., BUFALO, G., REVIGLIO, E., “Boosting Investment in Social Infrastructure in Europe - Report of the High-Level Task Force on Financing Social Infrastructure in Europe”, 2018, 116p. 22aEuropean Commission, “SWD(2020) 98 final - Identifying Europe’s recovery needs”, 27.5.2020, p. 18-20
2021/04/23
Committee: ECON
Amendment 30 #

2020/2075(INI)

G. whereas in 2020, the European Commission started a public consultation on the review of effectiveness of economic governance framework which was disrupted by the onset of the COVID-19 pandemic;
2021/04/23
Committee: ECON
Amendment 31 #

2020/2075(INI)

Motion for a resolution
Recital H (new)
H. whereas the pandemic is causing an unprecedented exogenous shock with large asymmetric impacts, weighting negatively on the EU economic outlook and enlarging divergences between Member States;
2021/04/23
Committee: ECON
Amendment 32 #

2020/2075(INI)

Motion for a resolution
Recital I (new)
I. whereas the pandemic has amplified pre-existing inequalities and poverty and has demonstrated the importance of European social model and its existing social safety nets;
2021/04/23
Committee: ECON
Amendment 33 #

2020/2075(INI)

Motion for a resolution
Recital J (new)
J. whereas, in Europe, economic forecasts 23a 24a show a multispeed, incomplete and uneven recovery; whereas the vaccine rollout is accelerating but remain slow, and there are considerable risks of divergences and aggravated inequalities across countries and sectors as well as prospects for scarring; _________________ 23aEuropean Commission Winter 2021 Economic Forecasts show a contraction in 2020 of - 6,3 % of GDP in the EU and with - 6,8 % of GDP in the euro area and GDP growth is expected to recover only slowly in the short-term with 3.7% in 2021 and 3.9% in 2022 in the EU, and3.8% in both years in the euro area. 24aWorld Economic Outlook: Managing Divergent Recoveries, IMF (April 2021)
2021/04/23
Committee: ECON
Amendment 35 #

2020/2075(INI)

Motion for a resolution
Recital L (new)
L. whereas public debt levels at the beginning of the pandemic were high, the unprecedented economic recession, the unprecedented national fiscal measures taken in response to the pandemic and the need to support a sustainable and inclusive recovery will impact public finances pushing EU debt-to-GDP to a new peak above 100% of GDP;
2021/04/23
Committee: ECON
Amendment 36 #

2020/2075(INI)

Motion for a resolution
Recital M (new)
M. whereas environmental 25a and social sustainability are interconnected with long-term fiscal sustainability; _________________ 25aExtreme disaster tend to lower economic output (Botzen, Deschenes and Sanders, 2019); IMF forecasts that major weather-related disasters could have a negative impact in real GDP per capita and countries that are better equipped to address major natural disasters could more easily cushion the impact.
2021/04/23
Committee: ECON
Amendment 98 #

2020/2075(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Supports policies that are tailored to the stage of the pandemic, the path to the economic recovery and to countries´ individual circumstances;
2021/04/23
Committee: ECON
Amendment 103 #

2020/2075(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Member States to embed the high-quality fiscal support in credible medium-term frameworks, to ensure where expansionary fiscal measures are needed, these are supported by growth and inclusive measures bearing in mind that emergency measures are temporary, limited and targeted; calls on the Member States to monitor fiscal risks, namely contingent liabilities, as appropriate for instance guarantee programmes, as appropriate; notes that such good public financial management practices would improve transparency and accountability;
2021/04/23
Committee: ECON
Amendment 113 #

2020/2075(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the policy response of governments aimed at avoiding a sharp increase in corporate insolvencies and unemployment; warns that an abrupt and uncoordinated withdrawal of support measures could lead to financial distress; calls however for strict selectivity and to focus the public support only towards corporates viable in the long run, in light of the EU green and digital agenda;
2021/04/23
Committee: ECON
Amendment 121 #

2020/2075(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Recalls the importance of the swift, responsible and efficient implementation of the Recovery and Resilience Facility to address the EU´s long term challenges by focusing on building a resilient, inclusive and greener economy, by supporting the recovery and by boosting productivity and investment;
2021/04/23
Committee: ECON
Amendment 122 #

2020/2075(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Highlights that monetary policy has been carrying the main burden of stabilisation in the past years and crisis; notes that the crisis caused by the pandemic showed that monetary policy is not enough for stabilisation purposes and fiscal policy should play an increasing role;
2021/04/23
Committee: ECON
Amendment 138 #

2020/2075(INI)

Motion for a resolution
Paragraph 8
8. Stresses the importance of complementarity between monetary and fiscal policies to deliver the required support post-COVID-19, the former by preserving favourable financing conditions and the latter by supporting firms, workers and people; considers that the low interest rate environment has implications for fiscal policy; warns against a premature tightening of monetary and fiscal policy;
2021/04/23
Committee: ECON
Amendment 180 #

2020/2075(INI)

Motion for a resolution
Paragraph 12
12. Stresses that debt service costs are expected to remain low for the foreseeable future thanks to a large share of debt burden covered by long maturities and sometimes negative yielding bonds, and primary deficits are likely to be offset by favourable interest-growth differentials; further considers that as long as the differentials are negative it is possiblewill ensure the ability to sustain and progressively reduce high debt levels;
2021/04/23
Committee: ECON
Amendment 181 #

2020/2075(INI)

Motion for a resolution
Paragraph 12
12. Stresses that debt service costs are expected to remain low for the foreseeable future and primary deficits are likely to be offset by favourable interest-growth differentials; further considers that as long as the differentials are negative it is possible to sustain and progressively reduce high debt levels; despite this is very concerned about the overall high level of debt in the EU as a whole and in some MS in particular and the lack of effective economic growth over the last decade in the EU in general and in some MS in particular;
2021/04/23
Committee: ECON
Amendment 200 #

2020/2075(INI)

Motion for a resolution
Paragraph 13
13. Recalls the importance of growth- enhancing policies and public investment aimed at increasing sustainable growth potential and achieving the EU’s objectives; reiterates that future-oriented investment and expenditure has positive spill overs in the medium-to-long-term debt sustainability;
2021/04/23
Committee: ECON
Amendment 207 #

2020/2075(INI)

Motion for a resolution
Paragraph 14
14. Stresses the importance of pursuing a broad and transparent DSA in orderebt Sustainability Analysis (DSA) in order to support policymakers´ decision to set an appropriate country-specific path, using innovative tools and techniques such as stress tests and stochastic analysis to better reflect risks to public debt dynamics; (such as interest-growth differentials, debt composition, demographics and climate change) and the quality of public expenditure;
2021/04/23
Committee: ECON
Amendment 240 #

2020/2075(INI)

Motion for a resolution
Paragraph 16
16. Calls for the renewed fiscal framework to promote sustainability and cyclical stabilisation and to improve the quality of public expenditure through sustainable investments and reforms; calls for well-defined, transparent, simple, flexible and enforceable rules embedded in a credible and democratic framework that takes into account the specificities of Member States, including the different economic structures and geographical constraints, and promote upward economic and social convergence;
2021/04/23
Committee: ECON
Amendment 251 #

2020/2075(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Notes that while the EU’s macroeconomic framework is build up around the concept of GDP, a reform should move away from only using GDP as a key indicator and instead put factors such as economic equality and sustainability of the economy at the centre;
2021/04/23
Committee: ECON
Amendment 279 #

2020/2075(INI)

Motion for a resolution
Paragraph 20
20. Underlines that expenditure rules allow for automatic stabilisers to operate and are under the direct control of the government; argues that while potential output growth is unobservable and has to be estimated, it is less likely to be subject to revisions than the output gap; notes that expenditure rules show to be more effective in reducing the procyclicality bias of fiscal policy 28a; _________________ 28aManescu, C., Bova, E. (2021), Effectiveness of national expenditure rules: Evidence from EU member states.
2021/04/23
Committee: ECON
Amendment 286 #

2020/2075(INI)

Motion for a resolution
Paragraph 21
21. Proposes, in line with the EFB, ‘ onethe adoption of a general escape clause, triggered based on independent economic judgement’ proposed by the Commission supported by an opinion based on independent economic judgement in order to reduce complexity and to preserve the ability to act in case of unforeseeable circumstances;
2021/04/23
Committee: ECON
Amendment 301 #

2020/2075(INI)

Motion for a resolution
Paragraph 22
22. Shares the EFB’s opinion that sustainable growth-enhancing public investments should be exempt from the expenditure rule, in particular those investments that are aligned with the EU’s long-term objectives of the NGEU; calls for a revamped fiscal framework that promotes the increase and stabilisation of growth-enhancing public investment related namely to social resilience, climate change and digitalisation;
2021/04/23
Committee: ECON
Amendment 312 #

2020/2075(INI)

Motion for a resolution
Paragraph 23
23. Stresses that governments’ revenues are essential to guarantee the sustainability of public finances; as well as to finance the post-pandemic recovery, restoring the EU's sustainable competitiveness and to support the just transition to a sustainable economy; considers it therefore necessary to subject the level of taxes and duties in the Member States to greater European coordination inter alia to avoid competition to lower taxes; believes that Member States must ensure through their tax policies that there is no reduction in government revenues if debt rules are not respected; recalls that tax evasion and tax avoidance at EU level amount to up to EUR 160-190 billion each year, constituting missing revenues for the treasuries; therefore, calls on the Member States to take action to tackle tax fraud, tax avoidance, and tax evasion, as well as money laundering;
2021/04/23
Committee: ECON
Amendment 313 #

2020/2075(INI)

Motion for a resolution
Paragraph 23
23. Stresses that governments’ revenues are essential to guarantee the sustainability of public finances; calls on the Member States to take action to tackle tax fraud, tax avoidance, and tax evasion, as well as money laundering; looks forward to a very ambitious EC proposal to tackle AML, in line with the priorities set by the EP resolution of July 2020; stresses that any further macro-economic reform can only be successful in the long run, provided existing tax loopholes are properly tackled in the Member States; it is therefore essential that progress around that is assessed in the country specific path as outlined in par 19, and should be a key element in assessing the exemptions from the expenditure rule per Member State;
2021/04/23
Committee: ECON
Amendment 322 #

2020/2075(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls for the creation of an Anti- Tax Haven Pact to be integrated in the European semester, with the effect that the EU Commission assesses the tax rules of the Member States on an annual basis and gives country specific recommendations for how to reform the tax rules in the case a Member State facilitates harmful tax practices;
2021/04/23
Committee: ECON
Amendment 20 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas all sectors of the EU economy will be impacted by the transition towards a sustainable economy,
2020/07/03
Committee: BUDGECON
Amendment 22 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the path to climate neutrality by 2050, with a first milestone of 50 to 55% by 2030 emission reductions compared to 1990, will boost the competitiveness of the Union economy and result in a surplus of sustainable, high quality jobs,
2020/07/03
Committee: BUDGECON
Amendment 26 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the EU climate law will set in stone the EU’s commitment to climate neutrality by 2050, including ambitious intermediary steps necessary to achieve this objective,
2020/07/03
Committee: BUDGECON
Amendment 27 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the Commission has estimated the investment needs at EU level in order to achieve the current 2030 climate objectives at 240 bn EUR/year1a plus additional amounts of 130 bn EUR/year for environmental objectives , 192 bn EUR/year for social infrastructure and 100bnEUR/year for Europe’s wider transport infrastructure, whereas it is essential to mobilize all available funds to close the investment gap, __________________ 1a https://ec.europa.eu/info/sites/info/files/ec onomy- finance/assessment_of_economic_and_in vestment_needs.pdf
2020/07/03
Committee: BUDGECON
Amendment 29 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the European Green Deal is a growth strategy and should lead to sustainable and inclusive economic growth, job creation and ensure the strategic autonomy of the EU,
2020/07/03
Committee: BUDGECON
Amendment 32 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the Covid-19 sanitary crisis underlines the importance of investments in a socially and environmentally sustainable economy, in particular investments promoting cutting edge R&D, competitive industry, deepening and strengthening of the single market, strong SMEs, healthcare, a strong welfare system and social wellbeing,
2020/07/03
Committee: BUDGECON
Amendment 33 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the spending required to support European economies raise the question of how incurred debt will be repaid; whereas it is important to prevent the increase in inequalities suffered following the previous crisis, where the burden on citizens was increased to bail out banks,
2020/07/03
Committee: BUDGECON
Amendment 34 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas creating a sustainable economic system is central to developing long-term strategic autonomy of the European Union and to increase the EU’s resilience,
2020/07/03
Committee: BUDGECON
Amendment 35 #

2020/2058(INI)

Motion for a resolution
Recital -A (new)
-A. whereas environmental taxes represented 6% of all tax income in EU Member States in 2018, while global fossil fuel subsidies constitute over 6 % of global GDP1a, __________________ 1aEnvironmental tax revenues, Last update: 24-02-2020 https://appsso.eurostat.ec.europa.eu https://www.imf.org/en/Publications/WP/I ssues/2019/05/02/Global-Fossil-Fuel- Subsidies-Remain-Large-An-Update- Based-on-Country-Level-Estimates-46509
2020/07/03
Committee: BUDGECON
Amendment 41 #

2020/2058(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Sustainable Europe Investment Plan (SEIP) as central in ensuring the success of the Green Deal, driving the long term competitiveness of the EU and the transition towards a more just, sustainable and resilient economy; underlines that the plan should take account of the experiences of previous programmes (the ‘Juncker Plan’) and place a special emphasis on truly additional investments of European added value; calls for coordinated actions to tackle the investment gap across the EU; believes that creating a net employment effect with new high quality jobs, reducing inequalities and contributing to the goals of the European Pillar of Social Rights should be overall goals of the climate transition and the SEIP;
2020/07/03
Committee: BUDGECON
Amendment 50 #

2020/2058(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Sustainable Europe Investment Plan (SEIP) as central in ensuring the success of the Green Deal and the transition towards a more sustainable and resilient economy; stresses that the plan should be at the heart of a coordinated and inclusive Union response to building a more resilient economy and society after the Covid-19 crisis;
2020/07/03
Committee: BUDGECON
Amendment 58 #

2020/2058(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Urges all Member States to commit to achieving the EU 2050 climate neutrality target as soon as possible; believes that only Member States, which are committed to the EU 2050 climate neutrality target, may benefit from the SEIP;
2020/07/03
Committee: BUDGECON
Amendment 60 #

2020/2058(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Believes that the EU budget should be protected against deficiencies in the respect of rule of law in the way described in the EP position on the regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States as adopted in 2019 with an overwhelming majority; believes that only Member States, which adhere to fundamental EU values such as the rule of law principle, may benefit from the SEIP and other EU funding;
2020/07/03
Committee: BUDGECON
Amendment 65 #

2020/2058(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission’s European Recovery Plan with the European Green Deal at its heart; endorses the underlying principle that public investments will respect the oath to ‘do no harm’; highlights that this oath applies to both social and environmental objectives; emphasises that national recovery and resilience plans should put the EU on the path to a 50 % to 55 % reduction in greenhouse gas emissions by 2030 compared to 1990 and climate neutrality by 2050 while providing sufficient guarantees to ensure social equity in the sustainable transition;
2020/07/03
Committee: BUDGECON
Amendment 93 #

2020/2058(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will depend on the adequacy of the financing, both public and private financing; believes that leveraging private financing is an important element in the path to climate neutrality;
2020/07/03
Committee: BUDGECON
Amendment 112 #

2020/2058(INI)

Motion for a resolution
Paragraph 4
4. Questions whether the SEIP, as currently constituted, will enable the mobilisation of EUR 1 trillion by 2030, given the negative economic outlook following the COVID-19 crisis; requests the Commission to ensure full transparency on financing issues, such as the optimistic leverage effect or the lack of clarity over the extrapolations of certain amounts; furthermore questions how the new MFF as proposed by the Commission in its revised proposals of 27 and 28 May 2020 would enable the achievement of the SEIP targets; regrets that the SEIP alone will not be sufficient to finance the objectives of the Green Deal and that additional investments will have a decisive role in the success of the Green Deal; calls on the Commission and EU Member States to come forward with plans that explain how they will bridge the considerable investment gap with both private and public investments;
2020/07/03
Committee: BUDGECON
Amendment 141 #

2020/2058(INI)

Motion for a resolution
Paragraph 5
5. Wishes to see it ensured that funding from the SEIP, at EU and national level, goes towards the policies and programmes with the highest potential to contribute to job creation and the fight against climate change, and looks forward to the Commission’s upcoming climate tracking methodology using appropriately the criteria established by the EU taxonomy;
2020/07/03
Committee: BUDGECON
Amendment 190 #

2020/2058(INI)

Motion for a resolution
Paragraph 8
8. Stresses the central role of the EU budget in delivering the SEIP; reiterates its long-standing position that new initiatives should always be financed through additional appropriations and should not negatively affect other policies; underlines, however, that sustainability is not a stand-alone policy, but cross-cutting in nature;
2020/07/03
Committee: BUDGECON
Amendment 204 #

2020/2058(INI)

Motion for a resolution
Paragraph 9
9. Underlines the fact that, in order to meet its obligations under the Paris Agreement, the EU’s contribution to the climate objectives should be underpinned by an ambitious share of climate-related expenditure in the EU budget, going beyond the levels of targeted spending shares of at least 25 % over the MFF 2021- 2027 period and of 30% as soon as possible and at the latest by 2027; calls for at least 30% climate-related spending in the Next Generation EU recovery plan, including the Recovery and Resilience Fund;
2020/07/03
Committee: BUDGECON
Amendment 229 #

2020/2058(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the proposal to top up the Just Transition Fund (JTF), including with additional funds from Next Generation EU, and the two additional pillars of the Just Transition Mechanism, namely a dedicated scheme under InvestEU and a public sector loan facility, which will contribute to alleviating the economic effects of the transition to climate neutrality on the most vulnerable regions in the EU; underlines that support should not distort competition and should only be available for companies which are viable in the long-term;
2020/07/03
Committee: BUDGECON
Amendment 246 #

2020/2058(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls for ensuring that third countries are eligible for cross- border projects that contribute to the objectives of the Paris Agreement;
2020/07/03
Committee: BUDGECON
Amendment 264 #

2020/2058(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the Commission to substantially increase funding for technical assistance in relevant EU funds to 1% of the total amount to be spent, and calls on the Commission to focus technical assistance on projects and sectors with the highest environmental, social, resilience added value, in particular nature-based solutions that can deliver climate mitigation, climate adaptation and biodiversity benefits altogether;
2020/07/03
Committee: BUDGECON
Amendment 284 #

2020/2058(INI)

Motion for a resolution
Paragraph 13
13. Supports the Commission’s innovative approach in stating that the EU budget will contribute to achieving climate objectives also through its revenue side; recalls Parliament’s longstanding position in favour of generating added-value and policy co-benefits by introducing green new own resources;
2020/07/03
Committee: BUDGECON
Amendment 301 #

2020/2058(INI)

Motion for a resolution
Paragraph 14
14. Reaffirms its previous position regarding candidates for new own resources, and calls on the Commission to propose, after a thorough evaluation and assessment of impacts on Member States and relevant sectors, new own resources which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non- recycled plastic packaging waste, the future Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on operations of large enterprises, a tax on digital companies, and a financial transaction tax;
2020/07/03
Committee: BUDGECON
Amendment 312 #

2020/2058(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Supports the work of the Commission to develop a levy based on the operations of large enterprises; considers that multinational corporates have been able to increase their profitability thanks to the EU’s single market without having had to contribute to the maintenance and deepening of this market; calls in this context for a levy on the largest corporates with a global turnover of €750 million for their usage of the single market; considers that the size of this levy should correspond to the size of the business and that the revenues of this levy should be used to repay EU-debt incurred through Next Generation EU;
2020/07/03
Committee: BUDGECON
Amendment 322 #

2020/2058(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Calls on all Member States to join the enhanced cooperation framework to implement a Financial Transaction Tax;
2020/07/03
Committee: BUDGECON
Amendment 327 #

2020/2058(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the efforts of the European Investment Bank (EIB) to revise its energy lending policy and to devote 50 % of its operations to climate action and environmental sustainability; calls on the EIB to commit to the sustainable transition towards climate neutrality while taking into account the different energy mixes of Member States and devoting particular attention to the sectors and regions most affected by the transition; encourages the EIB to play an active role in supporting projects that contribute to a just transition, such as research, innovation and digitalisation, SMEs’ access to finance, and social investment and skills, while taking into account the additionality that EIB financing can provide in combination with other sources;
2020/07/03
Committee: BUDGECON
Amendment 347 #

2020/2058(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Considers that for the EIB to play a successful role in financing the Green Deal, a bottom-up and participatory approach is crucial, and to better coordinate with various stakeholders, such as local and regional authorities and representatives from civil society;
2020/07/03
Committee: BUDGECON
Amendment 361 #

2020/2058(INI)

Motion for a resolution
Paragraph 16
16. Recognises the important role of the national promotional banks and institutions and of international financial institutions (IFIs), including the European Bank for Reconstruction and Development and the World Bank, in the financing of sustainable projects, thereby contributing to the achievement of the goals of the Paris Agreement;
2020/07/03
Committee: BUDGECON
Amendment 388 #

2020/2058(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Calls on the European Supervisory Authorities (ESAs), together with national competent authorities (NCAs), to rapidly develop annual climate scenario testing on financial institutions they supervise, as currently discussed notably in the NGFS, in order to understand where and how far climate-related financial risks sit in portfolios of relevant EU financial institutions;
2020/07/03
Committee: BUDGECON
Amendment 391 #

2020/2058(INI)

Motion for a resolution
Paragraph 18
18. Supports a renewed sustainable finance strategy; underlines the need for an EU eco-label for financial products, for an EU Green Bond Standard (EU GBS), and for more reliable, comparable and accessible sustainability data obtained by harmonising sustainability indicators and creating a public sustainability data registerwith sector- specific Key Performance Indicators, an EU public sustainability data register and mainstreaming sustainability within all financial legislation through legislative reviews, enabling investors to better act upon their sustainability preferences;
2020/07/03
Committee: BUDGECON
Amendment 417 #

2020/2058(INI)

Motion for a resolution
Paragraph 20
20. IEndorses the call by the High Level Expert Group on Sustainable Finance for new measures to foster long- termism to benefit people and planet; insists on the integration of governance objectives in the sustainability framework, including through additional voting rights for long-term shareholders, reform of remuneration structures and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence for financial institutions and large corporates together with liability and access to remedy in EU court; welcomes the preparation of a sustainable corporate governance initiative; which should include a legislative proposal on directors duties including mandatory sustainability strategies and measurable targets for large companies;
2020/07/03
Committee: BUDGECON
Amendment 422 #

2020/2058(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Favours the extension of the sustainability framework to the corporate sector; calls for mandatory sustainability reporting and due diligence for both financial institutions and large corporates, for stricter corporate liability regarding sustainability risks and for better quality data reporting, including by introducing verification mechanism and independent auditing;
2020/07/03
Committee: BUDGECON
Amendment 423 #

2020/2058(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Calls for an ambitious revision of the Non-Financial Reporting Directive, ensuring there is an equal obligation on all corporates operating in the EU market to disclose the impact of their activities on environmental, social and governance sustainability;
2020/07/03
Committee: BUDGECON
Amendment 504 #

2020/2058(INI)

Motion for a resolution
Paragraph 24
24. Notes that recovery and resilience plans will be based on shared EU priorities; highlights in this context the European Green Deal and, the European Pillar of Social Rights and the respect of the rule of law and our democratic values by the Member States issuing the plans; seeks the inclusion of priorities in areas such as employment, skills, education, research and innovation and health, but also in areas related to the business environment, including public administration and the financial sector;
2020/07/03
Committee: BUDGECON
Amendment 510 #

2020/2058(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls for companies benefitting from public support to commit to public country-by-country reporting, to respect their non-financial reporting obligations and to guarantee jobs, and disclose any beneficial treatment received; urges that such companies should fairly contribute to the recovery efforts by paying their fair share of taxes; seeks in this context a new social contract for corporates, harmonizing aims for profit with considerations for people and planet;
2020/07/03
Committee: BUDGECON
Amendment 511 #

2020/2058(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Highlights that Member States granting state aid should ensure that financial assistance is in line with the EU’s climate, environmental and social objectives, in particular for aid granted to energy-intensive sectors and large carbon dioxide emitters;
2020/07/03
Committee: BUDGECON
Amendment 512 #

2020/2058(INI)

Motion for a resolution
Paragraph 24 c (new)
24c. Calls on the Commission to revise State aid rules to set common minimum sustainability standards and to require large companies asking for support in high -carbon sectors to set and publish climate science-based targets and time- bound net-zero transition plans to align their operations with the Paris Agreement;
2020/07/03
Committee: BUDGECON
Amendment 517 #

2020/2058(INI)

Motion for a resolution
Paragraph 25
25. Supports the Solvency Support Instrument to level the playing field in the single market, and the introduction of ‘transition plans’ for certain companies to increase the sustainability of their activities; considers that society can ask for a quid pro quosomething in return when providing support to companies; sees transition plans including science-based and time- bound sustainability targets as a way of ensuring that public funding is spent in line with public interests; believes that transition plans should be obligatory for companies seeking state aid or EU-level support unless it is clear that they do not engage in environmentally or socially harmful activities; urges the Commission to only approve transition plans that set businesses on the path to the climate- neutral and circular economy without significantly harming any other environmental or social objectives;
2020/07/03
Committee: BUDGECON
Amendment 524 #

2020/2058(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Underlines the role of National Promotional Banks in creating a sustainable economy; calls for state aid reforms to enable NPBs to provide preferential loans below market rates to promote sustainability; underlines the importance of ensuring local technical support for project promoters and innovation and the role of project nurseries helping projects to mature to receive financing;
2020/07/03
Committee: BUDGECON
Amendment 541 #

2020/2058(INI)

Motion for a resolution
Paragraph 26
26. Invites the Commission to revise the Energy Tax Directive and coordinate a kerosene tax that could also feed into the EU budget;
2020/07/03
Committee: BUDGECON
Amendment 545 #

2020/2058(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Recalls that tax evasion and tax avoidance cause potential lost resources for national and EU budgets quantified as ranging from €50-70 billion to€160-190 billion;1a therefore seeks an intensified fight against tax fraud, tax evasion and tax avoidance and aggressive tax planning ; calls on the Commission to establish criteria on which it assesses EU Member State that would result in a black-list of EU Member States facilitating tax avoidance and to draft binding tax compliance plans for these Member States; __________________ 1aEuropean Parliament, EPRS, Bringing transparency, coordination and convergence to corporate tax policies in the European Union: I - Assessment of the magnitude of aggressive corporate tax planning, Study, 2015
2020/07/03
Committee: BUDGECON
Amendment 546 #

2020/2058(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Calls on Member States that are accused of facilitating tax avoidance to implement a minimum effective tax rate of 18% on all profits generated at Member State level, including profits shifted to tax havens through passive income such as interests and royalties payments or other base erosion and profit shifting tools so as to fight tax avoidance and mobilise resources to finance the sustainable and just transition.
2020/07/03
Committee: BUDGECON
Amendment 547 #

2020/2058(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Recalls that Value Added Tax (VAT) can be used to incentivise moving from harmful to sustainable activities; therefore urges Member States to adopt the definitive package on VAT which would enable them to make use of targeted VAT rates for goods and services supporting the realisation of the European Green Deal;
2020/07/03
Committee: BUDGECON
Amendment 549 #

2020/2058(INI)

Motion for a resolution
Paragraph 27
27. Wishes it to be ensuredBelieves that it is morally unsustainable, especially in times of economic recession and immense hardship for our citizens, that billions of euros continue to be lost to financial crime; demands that all contribute equitably to the post-corona recovery and the transition to a sustainable economy; seeks an intensified fight against tax fraud, tax evasion and tax avoidance and aggressive tax planning; calls on the Commission to create a blacklist of EU Member States facilitating tax avoidance; calls for EU-level coordination to avoid aggressive tax planning by individuals and corporates; seekdemands in this context an ambitious strategy for business taxation for the 21st century; demands in addition an ambitious reform of the anti-money laundering legislative framework, as according to Europol, a staggering 0,7- 1,28 of the Union GDP is lost due to financial crimes, such as money laundering;
2020/07/03
Committee: BUDGECON
Amendment 235 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Reminds that a trust fund shall only be established and implemented when the existing financing instruments would not be sufficient to achieve policy objectives of the Union, when the Union trust fund would bring clear political visibility for the Union and managerial advantages as well as better control by the Union of risks and disbursements of the Union and other donors’ contributions, when the Union trust fund does not duplicate other existing funding channels or similar instruments without providing any additionality and when the objectives of the trust fund are aligned with the objectives of the Union instrument or budgetary item from which it is funded;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 236 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 d (new)
24 d. Insists that the contribution mechanism to any EUTF or ad hoc instrument should be prepared and negotiated with the full involvement of the European Parliament and the contribution from the Union budget should be clearly defined;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 237 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 e (new)
24 e. Underlines the need to increase the impact and visibility of EU external spending;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 238 #

2020/2045(INI)

Motion for a resolution
Paragraph 24 f (new)
24 f. Calls on the Commission to make the best use of the lessons learnt with the existing EUTFs and the FRT to enhance the synergies and ensure coherence between the EU external funding instruments;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 255 #

2020/2045(INI)

Motion for a resolution
Paragraph 27
27. Is confident that the NDICI-Global Europe will allow for increasedsufficient flexibility and responsiveness, allowing to evaluate, with to continue the activities of the existing Trust Funds and thereby safeguard the unhe full involvement of the Parliament, which activities of the existing Trust Funds should continue and which ones should be replaced and thereby safeguard the unity and democratic accountability of the Union budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 273 #

2020/2045(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Notes that gender equality and social inclusion are one of the main spending targets of the NDICI-Global Europe programming; reiterates the EU’s commitment to gender equality, and calls on the Commission to integrate gender equality along with resilience building and climate change adaptation into planning and implementation of the Trust Funds and the FRT;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 7 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Acknowledges that the primary purpose of the carbon border adjustment mechanism (CBAM) must be to enable internationally effective carbon pricing schemes, to mitigate the leakage dilemma in the context of the Emissions Trading Scheme (ETS), to increase demand for low carbon products and processes and to prevent distortions to competition and trade; stresses that the CBAM will help the EU to meet its climate targets while keeping a level playing field in international trade, with the aim of galvanising the rest of the world into taking climate action in line with Paris Agreement; believes that the ultimate aim should be to encourage innovation and investments into greener technologies globally and to work towards a global climate policy with a global carbon price;
2020/11/17
Committee: BUDG
Amendment 9 #

2020/2043(INI)

Draft opinion
Paragraph 1
1. Believes that the main aim of the carbon border adjustment mechanism (CBAM) should be to support the EU’s green objectives by fighting carbon leakagaddressing carbon leakage, increasing demand for low carbon processes and products and reducing the carbon content of products; believes that an ultimate aim should be to work towards a global climate policy with a global carbon price;
2020/11/11
Committee: ECON
Amendment 27 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. SUrges that the proposed CBAM be based on a thorough impact assessment, which assesses the impact of different options also at sector level; believes that the CBAM should be applied gradually, first applying to select products related to carbon leakage sectors; believes that the mechanism should be designed in a way that does not impact international trade negatively and is compatible with World Trade Organization rules; stresses that dedicating the financial flows resulting from the CBAM to the EU budget would help to mitigate issues of fiscal equivalence and ensure a fairly distributed impact across Member States, as well as ensuring a lean structure with minimal administrative overheads; concludes, therefore, that defining the proceeds as an EU own resource, and decreasing GNI- based contributions accordingly, would help to mutualise the impact of the CBAM in a fair way across all Member States;
2020/11/17
Committee: BUDG
Amendment 34 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Proposes that the CBAM be implemented as an extension of the EU emissions trading system (EU ETS) through the creation of a dedicated pool of allowances for imports, which would require importers to purchase allowances for the volume of carbon emissions incorporated in their products; notes that the mechanism should ensure a single carbon price, both for domestic producers and importers;
2020/11/11
Committee: ECON
Amendment 46 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Urges that the proposed CBAM apply to all imports in order tobe based on a thorough impact assessment, which assesses the impact of different options also at sector level; believes that the CBAM should be applied gradually, first applying to select products related to carbon leakage sectors; urges that the proposed CBAM avoid distortion in the internal market;
2020/11/11
Committee: ECON
Amendment 62 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Recommends that a design be introduced that measures the carbon content of imports through their basic materials composition (as outlined in the proposal from the European Economic and Social Committee); recalls that this feasible approximation would weigh each basic material covered by the EU ETS and multiply it by its carbon intensity value – which ideally should be defined at country level; stresses, however, that importers who are more carbon efficient should be allowed to demonstrate the specific carbon intensity of their products, so as to encourage innovation and investments into greener technologies globally;
2020/11/11
Committee: ECON
Amendment 92 #

2020/2043(INI)

Draft opinion
Paragraph 7
7. Calls for the inclusion of CBAM revenues into the EU budget; believes that such revenues should only fund climate related objectives;
2020/11/11
Committee: ECON
Amendment 97 #

2020/2043(INI)

Draft opinion
Paragraph 8
8. Believes that the above proposalmechanism should be designed in a way that does not impact international trade negatively and is compatible with World Trade Organization rules, since it does not discriminateing between producers, is based on objective criteria and has a clear environmental objective.
2020/11/11
Committee: ECON
Amendment 8 #

2020/2036(INI)

Motion for a resolution
Citation 7 a (new)
- having regard to the March 2018 action plan from the European Commission on Fintech,
2020/07/17
Committee: ECON
Amendment 15 #

2020/2036(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the CMU should provide a regulatory environment which mitigates risks to financial stability, and adequately protects the interests of retail investors, pensioners and consumers;
2020/07/17
Committee: ECON
Amendment 22 #

2020/2036(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas legislative harmonisation remains insufficient to create a truly European capital market if diverging national implementation, supervision, and enforcement practices remain in place;
2020/07/17
Committee: ECON
Amendment 28 #

2020/2036(INI)

Motion for a resolution
Recital B
B. whereas the actions taken so far to achieve the CMU are moving in the right direction; whereas much work nevertheless remains to be done in terms of the precision, effectiveness and simplification of the measures adoptedhowever, progress towards achieving CMU has been limited, multiple targets have not been reached and the importance of bank lending as compared to equities has actually increased in recent years as a source of investment funds in the EU;
2020/07/17
Committee: ECON
Amendment 30 #

2020/2036(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas most measures that have been considered and implemented aim to improve and unify capital markets relate to the professional tools and financial vehicles available to practitioners in intermediation and their clients (basically institutions, funds and high net worth individuals), the CMU needs to mobilise retail demand, which in Europe lags at well below the levels prevailing in the USA or Japan; whereas to achieve such an objective, retail investors have to experience a change in investment culture; whereas such a change will only happen when retail investors become convinced that investment in capital markets is desirable because it can be of profit to them more than say, bank deposits, while being subject to risks that are acceptable and clearly defined;
2020/07/17
Committee: ECON
Amendment 37 #

2020/2036(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas SMEs accounted for 99.8% of all enterprises in the EU-28 non-financial business sector (NFBS), generating 56.4% of value added and 66.6% of employment in the NFBS; whereas micro SMEs accounted for 93% of the sector, small SMEs 5,9% and Medium-sized SMEs only 0,9%1a; _________________ 1aEuropean Commission ANNUAL REPORT ON EUROPEAN SMEs 2018/2019
2020/07/17
Committee: ECON
Amendment 40 #

2020/2036(INI)

Motion for a resolution
Recital C
C. whereas the social and economic crisis resulting from COVID-19 will have a particularly negative impact on SMEs and retail saverscould similarly affect retail savers (though in the course of the pandemic, individual savings mostly held in banks have risen sharply); whereas the EU’s response to COVID-19 through the European Rrecovery Pplan should provide a large injection of capital in order to increase European enterprises’ access to finance;
2020/07/17
Committee: ECON
Amendment 48 #

2020/2036(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas one of the challenges of a CMU is to ensure equal access to financing and to investment opportunities across the European Union, which should be geographically balanced, reaching citizens and businesses in core and peripheral regions of the European Union;
2020/07/17
Committee: ECON
Amendment 55 #

2020/2036(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas investment activities tend to remain confined by national borders, and retail investors face numerous obstacles to access opportunities outside their Member State, due to legal uncertainty, language and cultural barriers, market fragmentation and costly inefficiencies in the EU;
2020/07/17
Committee: ECON
Amendment 59 #

2020/2036(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas the lack of a centralised mechanism with easily accessible, reliable, understandable and comparable public information is one of the reasons why companies struggle to find investors;
2020/07/17
Committee: ECON
Amendment 62 #

2020/2036(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas the funding ecosystem for SME IPOs in the EU is underdeveloped due to information asymmetries, high costs, administrative burdens, and lack of equity culture; whereas investors find it difficult to evaluate young and small firms with a short business record thus hindering innovative openings especially by young entrepreneurs;
2020/07/17
Committee: ECON
Amendment 66 #

2020/2036(INI)

Motion for a resolution
Recital C e (new)
Ce. whereas Fintech has the potential to suit certain needs of SMEs and retail investors by allowing decentralised ways of operating and delivering efficiency improvements;
2020/07/17
Committee: ECON
Amendment 77 #

2020/2036(INI)

Motion for a resolution
Paragraph 1
1. Calls for the removal of barriers, including the simplification of legislation , where appropriate, to diversify funding sources for SMEs, in order to promote SMEs’ ability to access equity markets, and to reduce the existing debt bias; points out that the current situation makes SMEs more fragile and vulnerable;
2020/07/17
Committee: ECON
Amendment 83 #

2020/2036(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission to strengthen the mandatory feedback given by banks when declining SME credit applications, as a more comprehensive feedback could give the opportunity to SMEs with declined requests to adapt their business approach and to learn;
2020/07/17
Committee: ECON
Amendment 86 #

2020/2036(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Calls on the Commission and Member States to actively inform SMEs of the alternative financing instruments available to them;
2020/07/17
Committee: ECON
Amendment 88 #

2020/2036(INI)

Motion for a resolution
Paragraph 1 c (new)
1c. Welcomes the idea of establishing a European Single Access Point (ESAP) to aggregate information about companies in the EU through the interconnection of existing national and EU registers and databases of company data, as a way to support companies, in particular in smaller Member States, to attract investors; stresses that companies should be able to control the availability of their data in the ESAP;
2020/07/17
Committee: ECON
Amendment 111 #

2020/2036(INI)

Motion for a resolution
Paragraph 3
3. Calls for the acceleration of the development of EU venture capital (VC) and private equity markets by increasing the availability of funding for VC investments, developing larger late-stage VC funds, tax incentive schemes for VC and business angel investments, and active IPO markets for VC-backed companies under a common, and transparent, EU level framework; underlines that these tax incentive schemes should be designed so as to be economically and socially viable and responsible;
2020/07/17
Committee: ECON
Amendment 117 #

2020/2036(INI)

Motion for a resolution
Paragraph 4
4. Requests the realignment of the treatment of cash and synthetic securitisations, of the treatment of regulatory capital and liquidity with that of covered bonds and loans, as well as with the disclosure and due diligence requirements for covered bonds and simple, transparent and standardised (STS) securitisation;deleted
2020/07/17
Committee: ECON
Amendment 126 #

2020/2036(INI)

5. Calls for targeted measures within securities market legislation to expedite the recovery after the COVID-19 crisis; supports changes inSubject to the priority of safeguarding regulatory standards, favours the review of the Prospectus Regulation, the Markets in Financial Instruments Directive (MIFID), the Securitisation Regulation and the Market Abuse Regulation to facilitate investments in the real economy, in particular in SMEs, and to allow newcomers and new products to enter the markets, preserving consumer protection and market integrity while encouraging cross-border equity investments and trades;
2020/07/17
Committee: ECON
Amendment 147 #

2020/2036(INI)

Motion for a resolution
Paragraph 6
6. Aasks the Mmember Sstates to amend their national tax frameworks, in order to reduce tax obstacles to cross-border investments, including withholding tax proceduresmost especially with reference to withholding tax procedures for which, beyond seeking to converge their national practices, tax authorities should participate in a pan-European digital platform where withholding tax liabilities and refunds across jurisdictions are cleared transparently such that retail investors are able to determine returns on their investment in real time, and to increase financing by investors to long- term investment opportunities thereby improving returns on long-term savings for EU citizens;
2020/07/17
Committee: ECON
Amendment 162 #

2020/2036(INI)

Motion for a resolution
Paragraph 8
8. Stresses the necessity of advancing further in the implementation of a genuinely Single Rule Book for financial services in the internal market, where priority should be given to the continuing development of common definitions and standards on sustainable finance;
2020/07/17
Committee: ECON
Amendment 170 #

2020/2036(INI)

Motion for a resolution
Paragraph 9
9. Underlines the need to promote pension provision; welcomes the Pan- European Personal Pension (PEPP) product, whose regulation foresees that capital should be invested taking into account environmental, social and governance (ESG) factors; notes that PEPP is as a complementary and voluntary pension pillar with regard to national public pension systems; reminds Member States that PEPPs need to be subject to the same tax treatment as national pension products to become an option for savers;
2020/07/17
Committee: ECON
Amendment 181 #

2020/2036(INI)

Motion for a resolution
Paragraph 10
10. Encourages the Member States to promote multi-pillar pension systems, including occupational pension schemes, as a way to improve market dynamics and the incentives to invest; believes that private pensions should be revitalised and made more attractive; encourages the participation of investors in long-term products with tax reduction or exemption policies designed to generate broader economic and social beneficial impact;
2020/07/17
Committee: ECON
Amendment 195 #

2020/2036(INI)

Motion for a resolution
Paragraph 12
12. Sstresses the need for European and national supervisory authorities to overcome their differences; calls for supervisory convergence to promote a common European model of supervision and seamless enforcement, guided by the European Securities and Mmarket Aauthority (ESMA), and, where appropriate, the EIOPA, to reduce the existing obstacles to cross-border fFinancial operations; understands that convergence had best be attained within a decentralised framework that allows national supervisory authorities to fulfil their functions closer to market players; believes that such convergence had best be attempted as part of the Digital Europe programmes;
2020/07/17
Committee: ECON
Amendment 205 #

2020/2036(INI)

Motion for a resolution
Paragraph 12
12. Stresses the need for European and national supervisory authorities to overcome their differences; calls for supervisory convergence to promote a common European model, guided by the European Securities and Market Authority (ESMA), to reduce the existing obstacles to cross-border financial operations; Is very concerned about the revelations following the Wirecard scandal on shortcomings in the supervision. Underlines that credible audits are vital instruments to build trust in the financial situation of companies. Notes that such audits can only be provided if there is a full independent relationship between auditor and client, and that this independence can by no means be affected by providing non-audit services to the audited entity. Calls therefore on the Commission for a swift review of regulation 537/2014 on statutory audit of public-interest entities to strengthen the rules on rotation, to ensure a full legal separation between the providing of audit and non-audit services, and to ensure that ESMA gets direct supervisory powers over the audit sector.
2020/07/17
Committee: ECON
Amendment 209 #

2020/2036(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Commission to ensure the proper funding of civil society operators and consumers representatives in the field of financial services, who offer invaluable insight and independent assessment to policy-makers and regulators;
2020/07/17
Committee: ECON
Amendment 221 #

2020/2036(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Notes the lack of information about the non-debt financing market for SMEs; calls in this regard for better data collection about the non-debt financing tools previously used by the SME population; insists that it could significantly help in assessing and implementing policies in this area;
2020/07/17
Committee: ECON
Amendment 227 #

2020/2036(INI)

Motion for a resolution
Paragraph 14
14. Is concerned that retail investors’ engagement with financial markets remains low; calls for measures to promote retail investments in view of the demographic challenges faced by the EU by increasing the participation of retail investors in capital markets through more attractive and appropriate personal pension products; in particular, welcomes the new uniform set of criteria for EU-wide rules to help crowdfunding services function smoothly and foster cross-border business funding, notably for medium-sized and micro- enterprises;
2020/07/17
Committee: ECON
Amendment 243 #

2020/2036(INI)

Motion for a resolution
Paragraph 16
16. RecCalls the existence of different shortcomingsfor the improvement of the disclosure and comparability of key information in the legislation on packaged retail investment and insurance products (PRIIPs) that should be addressed in the next review; expects that Level 2 PRIIPs legislation on the Key Investor Document to respect level 1, in particular in relation to the performance scenarios; regrets the delays in the adoption of Level 2 PRIIPs legislation that will overlap with the first review of PRIIPs, and which increases legal uncertainty and costs for stakeholders; insists that the forthcoming review should provide for disclosure documents which are standardised and machine readable, thereby providing for comparability in a digital-friendly way;
2020/07/17
Committee: ECON
Amendment 258 #

2020/2036(INI)

Motion for a resolution
Paragraph 18
18. Is of the opinionTakes note of the belief expressed by financial market intermediaries that the current reporting framework within MIFID II and the European Mmarket Iinfrastructure Rregulation (EMIR) is very costly and complex, hindering the effectiveness of the system; believes that a simplification thereof is necessarshould be considered while taking full account of current experience and ensuring that this in no way serves to undermine the aims set for MIFID II and EMIR and without hindering rules on market integrity, transparency, consumer protection and financial stability;
2020/07/17
Committee: ECON
Amendment 271 #

2020/2036(INI)

Motion for a resolution
Paragraph 19
19. Calls for amendments to legislation to ensure access to independent advice by financial intermediaries while avoiding promotion of the institution’s own financial products and ensuring a fair marketing of financial products; agrees that the role of inducements in intermediation and distribution should be further examined to ensure that no conflicts of interest arise and that financial advice is fairly, transparently and adequately supplied to investors;
2020/07/17
Committee: ECON
Amendment 274 #

2020/2036(INI)

19a. Proposes to the Commission to look into the possibility for an EU Individual Savings Accounts, as a complement to national regimes, that could overcome national fragmented markets by operating in a uniform manner and across heterogeneous markets, ensuring portability and security of savings;
2020/07/17
Committee: ECON
Amendment 275 #

2020/2036(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. Insists that retail investors will be an integral part of the sustainable finance agenda and the EU’s sustainable development agenda; calls on the Commission to ensure that the taxonomy label methodology is clear and understood by retail investors;
2020/07/17
Committee: ECON
Amendment 276 #

2020/2036(INI)

Motion for a resolution
Paragraph 19 c (new)
19c. Shares the view of the High-Level Forum that cases of mis-selling and lack of redress for financial services users deter retail investors from engaging with capital markets, and that a key pillar for restoring trust in the financial services industry and empowering consumers is the adoption of an effective system of collective redress in all European countries that covers both direct and indirect individual investors; calls for individual direct investments by retail investors in equity and fixed income instruments to be included in the scope of the Directive on representative actions for the protection of the collective interests of consumers (COM/2018/0184) or (COD/2018/0089) through the inclusion of the relevant legislation, such as the Market Abuse Regulation and the Shareholders Rights Directive in Annex 1;
2020/07/17
Committee: ECON
Amendment 281 #

2020/2036(INI)

Motion for a resolution
Paragraph 20
20. Underlines that financial education is needed to overcome low retail investor engagement with financial markets, based on lack of knowledge, mistrust and risk aversionNotes that lack of financial literacy and access to widespread public information about financial markets is one of the reasons that explain lack of equity culture in the EU; underlines that financial education is needed to overcome low retail investor engagement with financial markets, based on lack of knowledge, mistrust and risk aversion; insists that an information campaign directed to SMEs on the alternative financing instruments at their disposal could significantly help in deepening the CMU; urges the Commission to launch and support public programmes in Member States to foster financial and digital literacy using a range of instruments, including digital and social media, to engage with citizens and businesses, namely through public agencies created for that effect;
2020/07/17
Committee: ECON
Amendment 285 #

2020/2036(INI)

Motion for a resolution
Paragraph 21
21. Emphasises that financial education is a medium-term tool, which enriches the financial system and which is a good step for engaging retail investors with financial markets; however, notes that up to now, financial education has had extremely limited traction in promoting and enhancing equity dealings, both nationally and on a cross-border basis;
2020/07/17
Committee: ECON
Amendment 294 #

2020/2036(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls for the promotion of Employee Share Ownership as a way to encourage citizens’ participation in capital markets and help develop an equity culture; proposes that this could be done through for instance a multilingual EU portal to raise awareness about the scheme and inform about its benefits;
2020/07/17
Committee: ECON
Amendment 304 #

2020/2036(INI)

Motion for a resolution
Paragraph 23
23. Takes the view that the digitalisation of financial services can be a catalyst for the mobilisation of capital in the EU while reducing barriers and increasing supervisory efficiency; emphasises that an EU framework with high standards of cybersecurity would be conducive to the CMU; notes that such EU framework should be primarily fit for the digital age and technology neutral;
2020/07/17
Committee: ECON
Amendment 308 #

2020/2036(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls on the Commission to use the forthcoming reviews of financial services regulations to foster investor and shareholder engagement through digital tools;
2020/07/17
Committee: ECON
Amendment 309 #

2020/2036(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Stresses that many peer-to-peer lenders are already lending funds to small businesses, making crypto-assets a non- traditional financing channel for SMEs; insists in this regard that clear guidance is needed on the applicability of existing regulatory and prudential processes to crypto-assets which qualify as financial instruments as far as EU legislation is concerned, in order to provide regulatory certainty regarding crypto-assets; stresses that this guidance must be provided consistently at the EU level, to avoid different practices of qualification and supervision by national authorities, which creates an un-level playing field, forum shopping and regulatory arbitrage in the internal market;
2020/07/17
Committee: ECON
Amendment 312 #

2020/2036(INI)

Motion for a resolution
Paragraph 23 c (new)
23c. Stresses that initial coin offerings, being the equivalent of IPOs for cryptocurrencies, have potential in funding SMEs, innovative start-ups and scale-ups; highlights that ICOs can facilitate the exchange of value without the need for a central authority or intermediary which allows for more efficiency and also for the democratisation of financing; notes in this regards that ICOs can accelerate technology transfer, and can be an essential part of the capital markets union; calls on the Commission to assess the advantages of proposing legislative framework for initial coin offerings and initial exchange offerings to foster a coherent EU approach, increase legal certainty, investor and consumer protection, raise warnings, and reduce risks stemming from asymmetric information, fraudulent behaviour and illegal activities;
2020/07/17
Committee: ECON
Amendment 317 #

2020/2036(INI)

Motion for a resolution
Paragraph 24
24. Highlights that ‘sandboxes’ may be an adequate tool to enhance the innovation and competitiveness of the financial services sector; requests that the Commission createonsiders the creation of a pan-European ‘sandbox’ for fFinancial services; having due regard for both benefits and risks of these tools and the absence of a common EU framework, as analysed by the European Supervisory Authorities;
2020/07/17
Committee: ECON
Amendment 324 #

2020/2036(INI)

Motion for a resolution
Paragraph 25
25. Points out that Europe competes for capital in a global market, and that, as a result, deeper, more integrated and efficient European capital markets are critical to protecting Europe’s economic sovereignty, the use of the euro in third countries, and to attracting foreign investors; believes that the exit of the UK from the EU makes this objective even more important and that it should be pursued according to transparent rules-based criteria and not case-by-case;
2020/07/17
Committee: ECON
Amendment 1 #

2020/2034(INL)

Motion for a resolution
Citation 1 a (new)
– having regard to Articles 7 and 8 of the Charter of Fundamental Rights of the European Union,
2020/07/08
Committee: ECON
Amendment 2 #

2020/2034(INL)

Motion for a resolution
Citation 1 b (new)
– having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)1a, _____________________ 1a OJ L 119, 4.5.2016, p. 1.
2020/07/08
Committee: ECON
Amendment 7 #

2020/2034(INL)

Motion for a resolution
Citation 2 b (new)
– having regard to the Commission and High Representative’s Joint Communication of 6 April 2016 entitled ‘Joint Framework on countering hybrid threats - a European Union response’1a, ______________________ 1a JOIN(2016) 18 final.
2020/07/08
Committee: ECON
Amendment 36 #

2020/2034(INL)

Motion for a resolution
Recital C
C. whereas the two most common components of crypto-assets adopted are (i) the private nature of the asset, and (ii) the use of cryptography and distributed ledger technology (DLT) or similar technology to underpin exchanges of the asset and its inherent or perceived value;
2020/07/08
Committee: ECON
Amendment 37 #

2020/2034(INL)

Motion for a resolution
Recital C a (new)
Ca. whereas, at present, crypto-assets are neither issued nor guaranteed by a central bank or public authority in the Union, and can have a variety of uses, including as a means of exchange, for investment purposes, and in order to access a good or service;
2020/07/08
Committee: ECON
Amendment 38 #

2020/2034(INL)

Motion for a resolution
Recital C b (new)
Cb. whereas the BIS Committee expressed strong reservations about the dissemination of crypto-assets, pointing out that they are not reliably able to provide the standard functions of money and are unsafe to rely on as a medium of exchange or store of value1a; _________________ 1a https://www.bis.org/publ/bcbs_nl21.htm
2020/07/08
Committee: ECON
Amendment 39 #

2020/2034(INL)

Motion for a resolution
Recital D
D. whereas stablecoins exhibit similar features to crypto-assets and do not take the form of any specific currency, but rely on a set of tools which aim to minimise fluctuations of their price as denominated in a currency; whereas some crypto-assets, including stablecoins and their associated technologies, have the potential to increase efficiencies, competition and transparency and to bring substantial opportunities and benefits to society, since some of them could lead to cheaper and faster payments and offer new funding sources for SMEs;
2020/07/08
Committee: ECON
Amendment 56 #

2020/2034(INL)

Motion for a resolution
Recital I
I. whereas experts of the European Central Bank (ECB) noted in their publication of 20193 , that even though crypto-assets are highly speculative, they do not represent an immediate threat to financial stability; whereas that view has been shared by both ESMA[1][5]3a and the EBA[2][6]3b; _________________ 3 https://www.ecb.europa.eu/pub/economic- bulletin/articles/2019/html/ecb.ebart20190 5_03~c83aeaa44c.en.html#toc4 3a ESMA Advice - Initial Coin Offerings and Crypto-Assets (https://www.esma.europa.eu/sites/default/ files/library/esma50-157- 1391_crypto_advice.pdf) 3b EBA Report with advice for the European Commission on crypto-assets (https://eba.europa.eu/sites/default/docum ents/files/documents/10180/2545547/6749 3daa-85a8-4429-aa91- e9a5ed880684/EBA%20Report%20on%2 0crypto%20assets.pdf)
2020/07/08
Committee: ECON
Amendment 58 #

2020/2034(INL)

Motion for a resolution
Recital I a (new)
Ia. whereas recent research suggests that crypto-assets are mainly used as a speculative investment, rather than as a means of payment for goods or services offered by a legal merchant; whereas the ESAs have highlighted that crypto-assets which do not qualify as financial instruments within the coverage of Union financial regulation pose specific risks, namely in terms of investor and consumer protection as well as to market integrity; whereas specific risks highlighted include fraud, cyber-attacks, money laundering, operational resilience and market manipulation;
2020/07/08
Committee: ECON
Amendment 63 #

2020/2034(INL)

Ib. whereas within the range of crypto-assets which qualify as financial instruments under Union law, the classification as such relies on the national competent authorities applying the national implementation of Union law, which creates discrepancies in the supervisory and regulatory approach, harming consistency and a level playing field in the Union; whereas such classification and integration within the Union legislative framework is not without difficulties, since different crypto- assets present different features, which may change over time;
2020/07/08
Committee: ECON
Amendment 67 #

2020/2034(INL)

Motion for a resolution
Recital J
J. whereas digital finance can contribute in a number of ways to tackling the economic effects of the COVID-19 outbreak as regards consequences for citizens, SMEs and other businesses and financial services;deleted
2020/07/08
Committee: ECON
Amendment 69 #

2020/2034(INL)

Motion for a resolution
Recital J a (new)
Ja. whereas large technology firms and global digital platforms are increasingly offering financial services; where those large operators in the digital sector benefit from competitive advantages such as economies of scale, vast cross-border user networks, easy access to financing and the ability to harvest large swaths of data provided by users through data processing technologies such as ‘big data analytics’, which generate tremendous added value in a variety of ways; whereas the presence of ‘Big Tech’ firms in the FinTech markets has the potential to harm fair competition and innovation;
2020/07/08
Committee: ECON
Amendment 116 #

2020/2034(INL)

Motion for a resolution
Paragraph 2
2. Considers that FinTech will be integral to the success of the Capital Markets Union (CMU) and encourages the Commission to consider how to harness the benefits of FinTech in driving forward capital market integration in the Union; whilst at the same time addressing at regulatory and supervisory level the specific risks that FinTech, namely crypto-assets, pose;
2020/07/08
Committee: ECON
Amendment 154 #

2020/2034(INL)

Motion for a resolution
Paragraph 6 – point c
c. a risk-based approach based on transparency and accountability;
2020/07/08
Committee: ECON
Amendment 155 #

2020/2034(INL)

Motion for a resolution
Paragraph 6 – point c a (new)
ca. respect for the fundamental rights to privacy and data protection, as guaranteed by Articles 7 and 8 of the EU Charter of Fundamental Rights;
2020/07/08
Committee: ECON
Amendment 163 #

2020/2034(INL)

Motion for a resolution
Paragraph 7
7. Points out that Union level measures should not stiflecan enhance a regulatory and supervisory level playing field across the internal market and bring certainty to businesses and consumers, thereby offering opportunities for businesses to grow and develop within the Union while avoiding forum shopping and regulatory arbitrage;
2020/07/08
Committee: ECON
Amendment 176 #

2020/2034(INL)

Motion for a resolution
Paragraph 8
8. Highlights the importance of the triangle of trust, identity and data in order to ensure that operators, consumers and supervisors are able to have confidence in digital finance; considers appropriate to further analyse initiatives for implementing CBDCs both within the Union and on a global level; calls on the Commission and EU supervisory authorities to promote research and international discussions in this field, assessing potential benefits and all implications; believes that parameters and principles for analysis should rely on the role of CBDCs in supplementing the decline in cash use, ensuring people’s trust in the financial system, providing for greater financial inclusion and access to a public means of payment, all the while guaranteeing financial stability and the pursuit of socio-economic objectives;
2020/07/08
Committee: ECON
Amendment 196 #

2020/2034(INL)

Motion for a resolution
Paragraph 9
9. Considers that developing a pan- European taxonomy for crypto-assets is desirable as a step towards fostering a common understanding, facilitating collaboration across jurisdictions and providing greater regulatory certainty for market participants engaged in cross border activity; recommends taking into account the importance of international cooperation and global initiatives as regards frameworks for crypto-assets, bearing in mind in particular their borderless nature; cautions, however, that developing an open-ended taxonomy template may be more appropriate for this evolving market segment; believes, however, that there is no one size fits all solution when it comes to legal qualification of crypto-assets and therefore a framework which allows for monitoring, adaption and product intervention by EU supervisors is important;
2020/07/08
Committee: ECON
Amendment 214 #

2020/2034(INL)

Motion for a resolution
Paragraph 10
10. Believes, therefore, that any further categorisation should be balanced and flexible in order to give space for innovation in the sector while ensuring that risks can be identified and mitigated at an early stage;
2020/07/08
Committee: ECON
Amendment 215 #

2020/2034(INL)

10a. Expresses concern about the serious carbon footprint attached to the use and dissemination of crypto-assets; calls on the Commission to take this into account in any forthcoming regulatory initiative, having in mind the EU’s commitment to the Sustainable Development Goals and to the necessary transition to a climate-neutral society by 2050 at the latest;
2020/07/08
Committee: ECON
Amendment 216 #

2020/2034(INL)

Motion for a resolution
Paragraph 10 b (new)
10b. Is concerned about the findings of a recent research1a demonstrating that half of the crypto-assets transactions is linked to illegal activities, like the buying or selling of illegal goods or services (weapons, drugs transactions), money laundering and, payments in ransomware attacks; highlights recent findings which suggests that 76 billion dollars of illegal activity per year involves Bitcoins; _________________ 1a Electronicallyavailable via https://ssrn.com/abstract=3102645.
2020/07/08
Committee: ECON
Amendment 217 #

2020/2034(INL)

Motion for a resolution
Paragraph 11
11. Further stresses that clear guidance on the applicable regulatory and prudential processes is needed in order to provide regulatory certainty regarding crypto-assetsCalls for clearer guidance on regulatory and prudential processes to follow in order to provide regulatory certainty and adequate supervision for a particular crypto-assets; subscribes to the view of the Basel committee and EBA that banks acquiring crypto-assets, should apply a conservative prudential treatment to such exposures, especially for high risk crypto-assets; shares furthermore the view that strong due diligence, a robust governance and risk management, full disclosure of any exposure and a solid dialogue with the supervisors are all of paramount importance; believes that the forthcoming revision of the capital requirements framework should include amendments in this respect;
2020/07/08
Committee: ECON
Amendment 224 #

2020/2034(INL)

Motion for a resolution
Paragraph 11 a (new)
11a. Further stresses that clear guidance is needed on the applicability of existing regulatory and prudential processes to crypto-assets which qualify as financial instruments as far as EU legislation is concerned, in order to provide regulatory certainty regarding crypto-assets; stresses that this guidance must be provided consistently at the EU level, to avoid different practices of qualification and supervision by national authorities, which creates an un-level playing field, forum shopping and regulatory arbitrage in the internal market;
2020/07/08
Committee: ECON
Amendment 228 #

2020/2034(INL)

Motion for a resolution
Paragraph 12
12. Points out that applying existing regulations to previously unregulated crypto-assets will be necessary, as will creating bespoke regulatory regimes for evolving crypto-asset activities, such as initial coin offerings; Stresses that initial coin offerings have potential in funding SMEs, innovative start-ups and scale-ups, can accelerate technology transfer, and can be an essential part of the Capital Markets Union;
2020/07/08
Committee: ECON
Amendment 233 #

2020/2034(INL)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Commission to assess the advantages of proposing legislative framework for initial coin offerings and initial exchange offerings to increase legal certainty, investor and consumer protection, raise warnings, and reduce risks stemming from asymmetric information, fraudulent behaviour and illegal activities; Stresses however that wider regulation of crypto-assets and related activities may have trade-offs, such as risking legitimising crypto-assets and encouraging wider adoption; Highlights therefore that it will also require further supervisory resources and in-house technological know-how for supervisors;
2020/07/08
Committee: ECON
Amendment 235 #

2020/2034(INL)

Motion for a resolution
Paragraph 12 b (new)
12b. Takes the view that, if a wide legislative framework is proposed, the “same services, same rules” principle must apply while being subject to the necessary adaptations; stresses that, where appropriate, strict fit and proper tests should be applied to those who issue the assets and that in order to increase investor protection and transparency, a standardised and regulated whitepaper should be published at the time of issuance; Highlights that a harmonised regulatory framework only makes sense , if supervision is coordinated at the EU level; notes, in particular, the need to oversee the work of national innovation facilitators, such as innovation hubs and regulatory sandboxes, and ensure that they do not undermine the level playing field in the internal market, and that mechanisms for cooperation and coordination are put in place.
2020/07/08
Committee: ECON
Amendment 236 #

2020/2034(INL)

Motion for a resolution
Paragraph 13
13. Highlights that a common Union 13. framework on crypto-assets should help increase consumer and investor protection, enhance know your customer (KYC) obligations and oversight of the underlying technology; Takes further the view that the dissemination of FinTech should leave no one behind and that the availability of FinTech solutions for consumers and non-professional investors must go hand in hand with greater efforts to ensure transparency, public awareness and access to information; calls on the Commission and Member States to invest in programmes to enhance digital and financial literacy;
2020/07/08
Committee: ECON
Amendment 267 #

2020/2034(INL)

Motion for a resolution
Paragraph 14
14. Points out that with the increasing digitalisation of financial services, as well as outsourcing to external IT solution or maintenance providers, such as cloud providers, the exposure of financial institutions and markets to disruption caused by internal failures, or external attacks or as a consequence of financial distress (resolution) is becoming more pronounced;
2020/07/08
Committee: ECON
Amendment 269 #

2020/2034(INL)

Motion for a resolution
Paragraph 14 a (new)
14a. Takes note of the fact that while the total costs of cyber incidents are notoriously hard to establish, industry estimates range from USD 45 billion to USD 654 billion for the global economy in 2018; highlights that the financial sector has traditionally been a key target for cybercriminals looking for financial gain; is concerned by the ESRB analysis which shows that it is indeed conceivable that a cyber-incident could evolve into a systemic cyber crisis that threatens financial stability1a; _________________ 1a ESRB publishes a report on systemic cyberattacks in February 2020 (https://www.esrb.europa.eu/news/pr/date/ 2020/html/esrb.pr200219~61abad5f20.en. html)
2020/07/08
Committee: ECON
Amendment 278 #

2020/2034(INL)

Motion for a resolution
Paragraph 16 – point a
a. modernisation and compliance with international standards, such as the Basel Committee on Banking Supervision Standard 239;
2020/07/08
Committee: ECON
Amendment 284 #

2020/2034(INL)

Motion for a resolution
Paragraph 17
17. Stresses the need for further information sharing, in particular on incidents, and enhanced coordination between relevant regulatory and supervisory authorities, taking into account that building resilience and preparedness to deal with large scale cyber and operational incidents requires effective cooperation not only cross- borders but also across various sectors;
2020/07/08
Committee: ECON
Amendment 287 #

2020/2034(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Commission to strengthen the currently limited and scattered outsourcing rules in financial legislation, namely by introducing and adapting in the EBA/EIOPA Guidelines on outsourcing as obligations on all financial institutions; Stresses that the legislative proposal should grant supervisors certain powers to supervise more effectively the activities provided by third parties (third party service providers, TPPs, namely enhanced inspection rights, audit rights and sanctioning rights); Takes the view that, while responsibility for compliance lies with the financial operators, the oversight of critical TTPs should aim at monitoring concentration risk, financial stability risks and ensuring cooperation with relevant authorities; Calls on the Commission to propose legislation to set out minimum standards for cybersecurity to be complied with by intermediaries who offer custodial services for crypto-assets like exchanges and storage providers;
2020/07/08
Committee: ECON
Amendment 294 #

2020/2034(INL)

Motion for a resolution
Paragraph 17 b (new)
17b. Calls on the Commission and supervisors to put in pace non-legislative actions to bolster the operational preparedness in the financial sector to deal with large-scale cyber and operational incidents, through joint exercises, operational protocols (“playbooks”), secure collaboration tools and investments in reinforcements of critical infrastructures and European redundancy capacities; highlights the need for supervisors to have in-house expertise and adequate resources to carry out such exercises and supervisory actions;
2020/07/08
Committee: ECON
Amendment 299 #

2020/2034(INL)

Motion for a resolution
Paragraph 19
19. Points out that the Union is the global standard setter as regards personal data protection; highlights that the transfer and use of personal and non-personal data in the financial services sector should meet all relevant standards whilebe in accordance with fundamental rights, relevant legislation and international agreements and allowing for the flow of data needed to scale up innovative finance initiatives to be guaranteed in a lawful and secure manner;
2020/07/08
Committee: ECON
Amendment 303 #

2020/2034(INL)

Motion for a resolution
Paragraph 20
20. Requests, in this regard, that the Commission examines how to ensure that digital finance entities can access on an equitable basis relevant and useful data to help ensure that innovative FinTech businesses can grow within the Union and beyond; calls on the Commission to monitor the offering of financial services by “BigTech” firms, and also how the competitive advantages inherent to these operators may distort competition in the market, harm the interests of consumers and innovation;
2020/07/08
Committee: ECON
Amendment 320 #

2020/2034(INL)

Motion for a resolution
Paragraph 22
22. Points out that customer data or “big data” is being increasingly used by financial institutions; recalls the provisions of Article 71 of the GDPR and calls on all stakeholders to increase efforts to guarantee the enforcement ofiterates the conclusions and recommendations from its Resolution of 14 March 2017 on fundamental rights implications of big data: privacy, data protection, non- discrimination, security and law- enforcement; recalls the legislative framework for processing of personal data provided by the GDPR and calls on all stakeholders to ensure the enforcement of the rights therein; highlights, in particular, the principle regarding the individuals’ right to own and control over their data and the rights therein; o data portability;
2020/07/08
Committee: ECON
Amendment 327 #

2020/2034(INL)

Motion for a resolution
Paragraph 23
23. Believes that the lack of accessible data and information regarding FinTech activities can be a detriment to growth; advocates for increased transparency and enhanced reporting of FinTech activity so as to reduce asymmetries and risks in particular regarding incumbent big data operators that may draw disproportionate benefits from increased access to data;
2020/07/08
Committee: ECON
Amendment 331 #

2020/2034(INL)

Motion for a resolution
Paragraph 24
24. Calls for effective oversight of ’big data’ analytics in a way that addresses the opacity of models while ensuring that there is sufficient access to relevant and quality data; emphasises the need for much greater algorithmic accountability and transparency with regard to data processing and analytics as an essential tool to guarantee that the individual is appropriately informed about the processing of their personal data; calls on the Commission to assess which initiatives, legislative and non-legislative, can be taken in this regard;
2020/07/08
Committee: ECON
Amendment 2 #

2020/2023(INI)

Draft opinion
Recital A
A. whereas a third country cannot have the same rights and enjoy the same benefits as a member; whereas the Union should consider UK participation in Union and Euratom programmes having the Union’s interest first in mindbearing in mind the strategic and financial interests of the Union and its citizens; whereas any decision on UK participation in such programmes should take account of all relevant aspects of the envisaged partnership, since that partnership should form a coherent structure;
2020/04/07
Committee: BUDG
Amendment 8 #

2020/2023(INI)

Draft opinion
Recital B
B. whereas any UK participation in Union and Euratom programmes should respect all relevant rules and mechanisms and conditions of participation, as laid down in the corresponding legal bases; whereas, as a consequence and among other aspects, a fair balance as regards UK contributions and benefits should be ensured and the UK, as a third country, cannot enjoy decisional power on any programme;
2020/04/07
Committee: BUDG
Amendment 12 #

2020/2023(INI)

Draft opinion
Recital D a (new)
D a. whereas the UK should fulfil all financial commitments agreed in the Withdrawal Agreement;
2020/04/07
Committee: BUDG
Amendment 23 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b
(b) not accept piecemeal UK participation in Erasmus+ or any other EU programme, and ensure full compliance with applicable EU legislation and principles such as the free movement for people and to not accept participation for a period shorter than the full length of theany programme under the MFF;
2020/04/07
Committee: BUDG
Amendment 25 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b a (new)
(b a) make proposals for arrangements to implement cooperation between UK authorities and EU agencies, taking into account that the UK, as a third country, will not have any decision-making power over EU agencies;
2020/04/07
Committee: BUDG
Amendment 25 #

2020/2023(INI)

Draft opinion
Paragraph 5
5. Believes it to be in both Parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that, in any case, a level playing field must be ensured and EU standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition, investor and consumer protection, and the integrity of the single market, while respecting the EU’s regulatory regime and decision-making autonomy; calls in this context for a robust and comprehensive framework for State aid control that prevents distortions for trade and competition; calls furthermore for strong chapters on competition, state owned enterprises, taxation and labour and social protection guaranteeing non-regression of the current level of protection and standards; believes that both the EU and UK must commit to and implement the principles of good governance in the area of taxation, including the global standards on transparency and exchange of information, fair taxation, and the OECD standards against Base Erosion and Profit Shifting (BEPS); underlines that both the EU and UK should promote good governance in tax matters, improve international cooperation in the area of taxation and facilitate the collection of tax revenues;
2020/04/23
Committee: ECON
Amendment 27 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b b (new)
(b b) take in due account the strategic partnership that should frame EU-UK relations with regard to foreign policy and cooperation in the field of defence;
2020/04/07
Committee: BUDG
Amendment 28 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b c (new)
(b c) take in due account the possible impacts of the new partnership that should frame EU-UK relations on EU consumers and producers and on the EU budget in the field of agriculture and fisheries;
2020/04/07
Committee: BUDG
Amendment 29 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b d (new)
(b d) ensure that the participation of the UK in EU programmes will not entail net transfers or benefits from the EU budget to the UK;
2020/04/07
Committee: BUDG
Amendment 30 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b e (new)
(b e) propose the necessary provisions to protect the financial interests of the Union with regard to the programmes in which the UK would participate, including audits as well as anti-fraud and anti-money laundering investigations conducted by Commission services, the European Anti-Fraud Office (OLAF), the European Public Prosecutor’s Office (EPPO), the European Court of Auditors and the European Parliament, through its right of scrutiny;
2020/04/07
Committee: BUDG
Amendment 31 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b f (new)
(b f) ensure that the Union may unilaterally suspend or terminate the participation of the United Kingdom in the Union programmes, if conditions for participation are not fulfilled or if the United Kingdom does not pay its fair financial contribution;
2020/04/07
Committee: BUDG
Amendment 32 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point c
(c) assess and prepare for all possible scenarios, including the extension of the transition period, in order to ensure the sound financial management of the Union budget.; shall the transition period be extended, demands that, as of 2021, the UK will not participate as a Member State in the MFF, it will take part in EU programmes as a third country and will have to pay a financial contribution to the EU budget for its participation in the Single Market, whose amount will be decided by the Joint Committee established under the Withdrawal Agreement;
2020/04/07
Committee: BUDG
Amendment 42 #

2020/0380(COD)

Proposal for a regulation
Recital 2
(2) Following the end of the transition period, barriers to trade and to cross-border exchanges between the Union and the United Kingdom will be present. Broad and far-reaching social and economic consequences for businesses, especially SMEs and micro-entities and their employees, citizens and public administrations, local communities and regions, are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
2021/03/08
Committee: BUDG
Amendment 43 #

2020/0380(COD)

Proposal for a regulation
Recital 3
(3) The Union is committed to mitigating the economic impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States, especially the most affected ones in such exceptional circumstances. However, many uncertainties associated with the impact of the UK’s withdrawal remain, which make it difficult to determine the specific exposure of a Member State’s economy. For example, possible positive gains can be expected from the movement of economic sectors of activity from the UK to certain Member States in the Union.
2021/03/08
Committee: BUDG
Amendment 47 #

2020/0380(COD)

Proposal for a regulation
Recital 4
(4) A Brexit Adjustment Reserve (the ‘Reserve’) should be established to provide support to counter adverse consequences in Member States, regions, local communities and sectors, in particular those that are worst affected by the withdrawal of the United Kingdom from the Union, and thus to mitigate the related impact on the economic, social and territorial cohesion. It should cover in whole or in part the additional public expenditure incurred by Member States for measures specifically taken to mitigate those consequences.
2021/03/08
Committee: BUDG
Amendment 49 #

2020/0380(COD)

Proposal for a regulation
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal, giving special attention to SMEs, micro-entities and their employees with the aim of securing quality employment and social security and protection . Member States should ensure that new high-quality jobs are created in those regions and local communities particularly affected, as jobs are key for regions and local communities to thrive. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective.
2021/03/08
Committee: BUDG
Amendment 59 #

2020/0380(COD)

Proposal for a regulation
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible for the implementation of the Reserve should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national law should not be supported. Furthermore, the support given should not lead to distortion of competition within the internal market.
2021/03/08
Committee: BUDG
Amendment 61 #

2020/0380(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) It should be noted that there is potentially big variation in the financial allocation per Member State. In order to allow the use of the resources in the most efficient way, technical assistance used by the bodies responsible for the management, monitoring, information and communication and control and auditing of the Reserve should be set at 3% of the contribution from the Reserve for each Member State.
2021/03/08
Committee: BUDG
Amendment 63 #

2020/0380(COD)

Proposal for a regulation
Recital 7
(7) In order to take into account the immediate impact of the adverse consequences of the withdrawal of the United Kingdom from the Union on the Member States and their economies and the need to adopt mitigating and adapting measures, as appropriate, prior to the expiry of the transition period, the eligibility period for implementing such measures should start as from 1 JulFebruary 2020 and be concentrated over a limited period of 30 monthsuntil 31 December 2022.
2021/03/08
Committee: BUDG
Amendment 70 #

2020/0380(COD)

Proposal for a regulation
Recital 8 a (new)
(8 a) Stresses the need for each EU budgetary programme and its beneficiaries to ensure respect for fundamental rights and deliver and contribute to implementing gender equality and its mainstreaming, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
2021/03/08
Committee: BUDG
Amendment 71 #

2020/0380(COD)

Proposal for a regulation
Recital 8 b (new)
(8 b) The implementation of the Reserve should be carried out in line with the principle of sound financial management, including the effective prevention and prosecution of tax fraud, tax evasion, tax avoidance and aggressive tax planning.
2021/03/08
Committee: BUDG
Amendment 72 #

2020/0380(COD)

Proposal for a regulation
Recital 9
(9) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union (TFEU) apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the general regime of Rule of Law conditionality for the protection of the Union budget.
2021/03/08
Committee: BUDG
Amendment 77 #

2020/0380(COD)

Proposal for a regulation
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics and needs to ensure equal treatment of all Member States. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financed.
2021/03/08
Committee: BUDG
Amendment 85 #

2020/0380(COD)

Proposal for a regulation
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States most affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to thatall Member States within the limits of the financial resources available. Given the extent of the expected economic shock, the possibility to use the amounts recovered from the pre-financing for the reimbursement of additional expenditure by Member States should be provided for. For the additional amounts, the allocation criteria as set out in Annex I should apply.
2021/03/08
Committee: BUDG
Amendment 87 #

2020/0380(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the proper functioning of shared management, Member States should establish a management and control system, designate and notify the Commission of the bodies responsible for the management of the Reserve as well as a separate independent audit body. For simplification reasons, Member States may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the European Union Solidarity Fund. It is necessary to specify the responsibilities of the Member States and lay down the specific requirements for the bodies designated. Where new bodies are created by the Member States, the Commission should, in the early stages of the eligibility period, assess their adequacy in contributing to the protection of the financial interests of the EU. The Commission should furthermore ensure a consistent and comparable audit approach in all Member States.
2021/03/08
Committee: BUDG
Amendment 91 #

2020/0380(COD)

Proposal for a regulation
Recital 17
(17) In accordance with the Financial Regulation, Council Regulation (EC, Euratom) No 2988/9514 , Council Regulation (Euratom, EC) No 2185/9615 and Council Regulation (EU) 2017/193916 and Regulation (EU, Euratom) No 2020/2092on a general regime of Rule of Law conditionality for the protection of the Union budget, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 14 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 15 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 16Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 17Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
2021/03/08
Committee: BUDG
Amendment 92 #

2020/0380(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) In order to ensure efficient and coherent allocation of funds from the Union budget and to respect the principle of sound financial management, financial actions under the Reserve should be consistent with and complementary to ongoing Union programmes and priorities, such as the digital transition and a just climate transition, while avoiding double funding for the same expenditure. Therefore, financial support under the Reserve should be additional to the support provided under other Union programmes and instruments, provided that such support does not cover the same cost.
2021/03/08
Committee: BUDG
Amendment 96 #

2020/0380(COD)

Proposal for a regulation
Recital 19
(19) In order to enhance transparency on the use of the Union contribution, the Commission should provide a final report to the European Parliament and the Council on the implementation of the Reserve. The Commission should evaluate in particular whether resources were used in an effective, efficient and EU value- added way, with Member States providing assistance to those regions, local communities and sectors particularly affected. The evaluation should also assess whether there was real and measurable impact in mitigating the negative effects of the UK's withdrawal from the EU, taking into consideration the very broad eligibility criteria for expenditure, the lack of clear priorities and indicators, as well as, the lack of an impact assessment and stakeholder consultation prior to adopting the proposal.
2021/03/08
Committee: BUDG
Amendment 99 #

2020/0380(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 JulFebruary 2020 to 31 December 2022;
2021/03/08
Committee: BUDG
Amendment 106 #

2020/0380(COD)

Proposal for a regulation
Article 3 – paragraph 1
The Reserve shall provide support to counter the adverse consequences of the withdrawal of the United Kingdom from the Union in Member States, regionbusinesses, especially SMEs and micro-entities including their employees, regions, local communities and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion.
2021/03/08
Committee: BUDG
Amendment 114 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The maximum resources for the Reserve shall be EUR 5 370 994000 000 000 in current2018 prices.
2021/03/08
Committee: BUDG
Amendment 117 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a
(a) a pre-financing amount of EUR 4 244 832 000000 000 000 in 2018 prices shall be made available in 2021 in accordance with Article 8;
2021/03/08
Committee: BUDG
Amendment 123 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b
(b) additional amounts of EUR 1 126 162 000000 000 000 in 2018 prices shall be made available in 2024 in accordance with Article 11.
2021/03/08
Committee: BUDG
Amendment 128 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) measures to assist businesses, especially SMEs and micro-entities, and local communities and regions adversely affected by the withdrawal;
2021/03/08
Committee: BUDG
Amendment 133 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) measures to support businesses, especially SMEs and micro entities and local communities and regions dependent on fishing activities in the United Kingdom waters;
2021/03/08
Committee: BUDG
Amendment 136 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) measures to support employment, and job creation, especially in those regions and local communities most affected, with the aim of securing quality employment, social security and protection including through short-time work schemes, re-skilling and upskilling and training in affected sectors;
2021/03/08
Committee: BUDG
Amendment 142 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) measures to facilitate regimes for certification and authorisation of products, to assist in meeting establishment requirements, to facilitate labelling and marking, for example for safety, health and environmental and social standards, as well as to assist in mutual recognition, including additional personnel and infrastructure, especially digital infrastructure;
2021/03/08
Committee: BUDG
Amendment 152 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The measures referred to in paragraph 1 shall comply with applicable law, the implementation of gender equality, the European Pillar of Social Rights, the European Green Deal based on a just transition, the biodiversity objectives and the UN Sustainable Development Goals, where relevant.
2021/03/08
Committee: BUDG
Amendment 154 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. Measures eligible under paragraph 1 may receivshall be additional to the support fpromvided under other Union programmes and instruments provided that such support does not cover the same cost.
2021/03/08
Committee: BUDG
Amendment 157 #

2020/0380(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) technical assistance for the management, monitoring, information and communication, complaint resolution, and control and auditing of the Reserve;deleted
2021/03/08
Committee: BUDG
Amendment 161 #

2020/0380(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Member States shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures and of flat-rate financing for technical assistance.
2021/03/08
Committee: BUDG
Amendment 166 #

2020/0380(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Commission shall pay the pre- financing within 6045 days of the date of the adoption of the implementing act referred to in paragraph 2. It shall be cleared in accordance with Article 11.
2021/03/08
Committee: BUDG
Amendment 175 #

2020/0380(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) a description of the impact of the withdrawal of the United Kingdom from the Union in economic and social terms, especially on jobs and employment, including an identification of the regions, areas and sectors most affected;
2021/03/08
Committee: BUDG
Amendment 178 #

2020/0380(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point b
(b) a description of the measures taken to counter the adverse consequences of the withdrawal of the United Kingdom from the Union, of the extent to which those measures alleviated the regional, local and sectoral impact referred to in point (a), and how they were implemented; a description of whether the measures created new high quality jobs in those regions and local communities particularly affected;
2021/03/08
Committee: BUDG
Amendment 180 #

2020/0380(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) a description of the contribution of the measures to climate change mitigation and adaptation, the sustainable use and protection of water and marine resources, the protection and restoration of biodiversity and ecosystems, and the transition to a circular economy, where relevant.
2021/03/08
Committee: BUDG
Amendment 184 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a
(a) the total amount of eligible public expenditure (the ’accepted amount’);deleted
2021/03/08
Committee: BUDG
Amendment 186 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – introductory part
3. Where the accepted amount exceeds both the amount of pre-financing and 0.06% of the nominal GNI of 2021 of the Member State concerned, an aAdditional amounts shall be due to that Member States from the allocation referred to in Article 4(3), point (b), and any amounts carried over pursuant to Article 8(4).
2021/03/08
Committee: BUDG
Amendment 190 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
In such a case, the Commission shall pay the amount exceeding the pre-financing paid to the Member State concerned or 0.06% of the nominal GNI of 2021, whichever is higherFor the additional amounts, the allocation criteria for the pre-financing to be paid by the Commission to Member States shall apply, pursuant to Article 8(1) and as set out in Annex I.
2021/03/08
Committee: BUDG
Amendment 191 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Where the sum of the additional amounts for all Member States calculated pursuant to the first subparagraph of this paragraph exceeds the resources available according to Article 4(3), point (b), the contributions from the Reserve shall be reduced proportionately.deleted
2021/03/08
Committee: BUDG
Amendment 205 #

2020/0380(COD)

Proposal for a regulation
Article 13 – paragraph 4 – introductory part
4. The independent audit body shall audit the system and carry out independent audits of financed measures in order to provide independent assurance to the Commission regarding the effective functioning of the management and control system and the legality and regularity of the expenditure included in the accounts submitted to the Commission.
2021/03/08
Committee: BUDG
Amendment 207 #

2020/0380(COD)

Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
The independent audits of the financed measures shall cover expenditure on the basis of a sample. That sample shall be representative and based on statistical sampling methods.
2021/03/08
Committee: BUDG
Amendment 213 #

2020/0380(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. By 30 June 2026, the Commission shall carry out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission shall evaluate to what extent Member States' measures alleviated the impact in particularly affected local communities, regions and sectors. The Commission may make use of all relevant information already available in accordance with Article 128 of the Financial Regulation.
2021/03/08
Committee: BUDG
Amendment 142 #

2020/0267(COD)

Proposal for a regulation
Recital 2
(2) The majority of crypto-assets fall outside of the scope of EU legislation and raise, among others, challenges in terms of investor protection, market integrity, energy consumption and financial stability. They therefore require a dedicated regime at Union level. By contrast, other crypto-assets qualify as financial instruments within the meaning of Directive 2014/65/EU of the European Parliament and of the Council (Markets in Financial Instruments Directive, MiFID II)33 . In so far as a crypto-asset qualifies as a financial instrument under that Directive, a full set of Union financial rules, including Regulation (EU) 2017/1129 of the European Parliament and of the Council (the Prospectus Regulation)34 , Directive 2013/50/EU of the European Parliament and of the Council (the Transparency Directive)35 , Regulation (EU) No 596/2014 of the European Parliament and of the Council (the Market Abuse Regulation)36 , Regulation (EU) No 236/2012 of the European Parliament and of the Council (the Short Selling Regulation)37 , Regulation (EU) No 909/2014 of the European Parliament and of the Council (the Central Securities Depositories Regulation)38 and Directive 98/26/EC of the European Parliament and of the Council (the Settlement Finality Directive)39 may apply to its issuer and firms conducting activities related to it. The so-called tokenisation of financial instruments, that is to say their transformation into crypto-assets to enable them to be issued, stored and transferred on a distributed ledger, is expected to open up opportunities for efficiency improvements in the entire trading and post-trading areasome parts of the trading and post- trading area provided that such crypto- assets are generated in an energy friendly way. Furthermore, as the financial instrument and the related risks remain the same regardless of whether a DLT is used, the fundamental trade-offs involving credit risk and liquidity remain in a tokenised world. Therefore, the success of token-based systems will fully depend on how well they interact with traditional account-based systems. _________________ 33Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349). 34Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12) 35 Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004/109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003/71/EC of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and Commission Directive 2007/14/EC laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC (OJ L 294, 6.11.2013, p. 13) 36Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1) 37Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ L 86, 24.3.2012, p. 1). 38Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1) 39Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45)
2021/05/26
Committee: ECON
Amendment 147 #

2020/0267(COD)

Proposal for a regulation
Recital 4
(4) At the same time, regulatory gaps exist due to legal, technological and operational specificities related to the use of DLT and crypto-assets that qualify as financial instruments. For instance, there are no transparency, reliability and safety requirements imposed on the protocols and smart contracts underpinning crypto-assets that qualify as financial instruments which is highly problematic. The underlying technology could also pose some novel forms of cyber risks that are not appropriately addressed by existing rules. Several projects for the trading and post- trading of crypto-assets qualifying as financial instruments have been developed in the Union, but few are already in operation or they have limited scale. Given this limited experience as regards the trading and post-trading of transactions in crypto-assets that qualify as financial instruments, it would currently be premature to bring significant modifications to the Union financial services legislation to enable the full deployment of such crypto-assets and their underlying technology. At the same time, the creation of financial market infrastructures forFurthermore, as highlighted by the ECB advisory groups on market infrastructures for securities and collateral and for payments, the use of DLT would entail similar challenges to those faced by solutions relying on conventional technology (such as fragmentation and interoperability issues) and would at the same time potentially create new ones (for example, relating to the legal validity of tokens). Given this limited experience as regards the trading and post-trading of transactions in crypto-assets that qualify as financial instruments ias currently constrained by some requirements embedded inwell as the risks highlighted by the ECB, a very cautious approach is needed and it would be very premature to bring significant modifications to the Union’s financial services legislation that would not be fully adapted to crypto-assets qualifying as financial instruments and to the use of DLT. For instance, trading platforms for crypto-assets usually give direct access to retail investors, while traditional trading venues usually give access through financial intermediarieso enable the full deployment of such crypto-assets and their underlying technology.
2021/05/26
Committee: ECON
Amendment 153 #

2020/0267(COD)

Proposal for a regulation
Recital 5
(5) In order to allow for the development of crypto-assets that qualify as financial instruments and DLT, while preserving a high level of financial stability, market integrity, transparency and investor protection, it would be useful to create a pilot regime for DLT market infrastructures. The creation of the pilot regime should be without prejudice to the tasks and responsibilities of the European Central Bank (ECB) and the national central banks in the European System of Central Banks (ESCB), set out in the Treaty on the Functioning of the European Union and the Statutes of the ESCB and of the ECB, to promote the smooth operation of payment systems and to ensure efficient and sound clearing and payment systems within the Union and with third countries. A pilot regime for DLT market infrastructures should allow such DLT market infrastructures to be temporarily exempted from some specific requirements under the Union financial services legislation that could otherwise prevent them from developing solutions for the trading and settlement of transactions in crypto-assets that qualify as financial instruments. The pilot regime should also enable the European Securities and Markets Authorities (ESMA) and competent authorities to gain experience on the opportunities and specific risks created by crypto-assets that qualify as financial instruments, and by their underlying technology.
2021/05/26
Committee: ECON
Amendment 157 #

2020/0267(COD)

Proposal for a regulation
Recital 5
(5) In order to allow for the development of crypto-assets that qualify as financial instruments and DLT, while preserving a high level of financial stability, market integrity, transparency and, investor protection and a low consumption of energy, it would be useful to create a pilot regime for DLT market infrastructures. A pilot regime for DLT market infrastructures should allow such DLT market infrastructures to be temporarily exempted from some specific requirements under the Union financial services legislation that could otherwise prevent them from developing solutions for the trading and settlement of transactions in crypto-assets that qualify as financial instruments. The pilot regime should also enable the European Securities and Markets Authorities (ESMA) and competent authorities to gain experience on the opportunities and specific risks created by crypto-assets that qualify as financial instruments, and by their underlying technology, which should be characterised by a low level of energy consumption.
2021/05/26
Committee: ECON
Amendment 160 #

2020/0267(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) Where CSDs operated by members of the ESCB, by Member States’ national bodies performing similar functions, or by other public bodies charged with or intervening in the management of public debt in the Union, operate a DLT securities settlement system, they should not be required to seek specific exemptions or permissions from a competent authority, since such CSDs are not required to report to competent authorities or to comply with their orders, and are subject to a limited set of requirements under Regulation (EU) No 909/2014, in accordance with Article 1(4) of that Regulation.
2021/05/26
Committee: ECON
Amendment 175 #

2020/0267(COD)

Proposal for a regulation
Recital 10
(10) A DLT securities settlement system should be a securities settlement system operated by a CSD authorised under Regulation (EU) No 909/2014 (the Central Securities Depositories Regulation) that has received a specific permission under this Regulation. A DLT securities settlement system, and the CSD operating it, should be subject to the relevant requirements of Regulation (EU) No 909/2014 (the Central Securities Depository Regulation), except where the national competent authority has granted the CSD operating the DLT securities settlement system with one or several exemptions, in accordance with this Regulation. Such an exemption can only be granted provided the DLT securities settlement system operates in an energy friendly way.
2021/05/26
Committee: ECON
Amendment 180 #

2020/0267(COD)

Proposal for a regulation
Recital 11
(11) A DLT MTF or a CSD operating a DLT securities settlement system should only admit to trading or record DLT transferable securities on their distributed ledger. DLT transferable securities should be crypto-assets that qualify as ‘transferable securities’ within the meaning of Directive 2014/65/EU (the Market in Financial Instruments Directive, MiFID II) and that are issued, transferred and stored on a distributed ledger. DLT market infrastructures should bear the liability for risks related to the functioning of the DLT they operate, notably ledger transparency risks, cyber risks and operational risks.
2021/05/26
Committee: ECON
Amendment 185 #

2020/0267(COD)

Proposal for a regulation
Recital 13
(13) In order to ensure a level playing field with transferable securities admitted to trading on a traditional trading venue within the meaning of Directive 2014/65/EU (the Market in Financial Instruments Directive, MiFID II) and ato ensure high levels of market integrity, investor protection and financial stability, the DLT transferable securities admitted to trading on a DLT MTF should always be subject to the provisions prohibiting market abuse in Regulation (EU) No 596/2014 (the Market Abuse Regulation).
2021/05/26
Committee: ECON
Amendment 187 #

2020/0267(COD)

Proposal for a regulation
Recital 14
(14) A DLT MTF should be able to request one or several exemptions on a temporary basis, as listed under this Regulation, to be granted by the competent authority after ESMA has issued its recommendation, if it complies with the conditions attached to such exemptions as well as additional requirements set under this Regulation to address novel forms of risks raised by the use of DLT. TheA DLT MTF should also comply with any compensatory or corrective measure imposed by the competent authority in order to meet the objectives pursued by the provision for which an exemption has been requested.
2021/05/26
Committee: ECON
Amendment 213 #

2020/0267(COD)

Proposal for a regulation
Recital 30
(30) A DLT market infrastructure should have specific and robust IT and cyber arrangements related to the use of DLT. These arrangements should be audited by the competent authority before any exemption is given, in order to check whether they are fit for purpose and proportionate to the nature, scale and complexity of the DLT market infrastructure’s business plan. The costs of such an audit should be borne by the DLT market infrastructure. These arrangements should also ensure the continued reliability, continuity and security of the services provided, including the reliability of smart contracts that are potentially used. DLT market infrastructures should also ensure the integrity, security, confidentiality, availability and accessibility of data stored on the DLT. The competent authority of a DLT market infrastructure should be allowed to request an audit to ensure that the overall IT and cyber arrangements are fit for purpose. The costs of such an audit should be borne by the DLT market infrastructure.
2021/05/26
Committee: ECON
Amendment 218 #

2020/0267(COD)

Proposal for a regulation
Recital 31
(31) Where the business plan of a DLT market infrastructure would involve the safekeeping of clients’ funds, such as cash or cash equivalent, or DLT transferable securities, or the means of access to such DLT transferable securities, including in the form of cryptographic keys, the DLT market infrastructure should have adequate arrangements in place to safeguard their clients’ assets, which should be approved by the competent authority before any exemption is given. They should not use clients’ assets on own account, except with prior express consent from their clients. The DLT market infrastructure should segregate clients’ funds or DLT transferable securities, or the means of access to such assets, from its own assets or other clients’ assets. The overall IT and cyber arrangements of DLT market infrastructures should ensure that clients’ assets are protected against fraud, cyber threats or other malfunctions.
2021/05/26
Committee: ECON
Amendment 226 #

2020/0267(COD)

Proposal for a regulation
Recital 34
(34) The competent authority which would examine the application submitted by a prospective DLT market infrastructure should have the possibility to refuse a permission if there were reasons to believe that the DLT market infrastructure would pose a threat to financial stability, investor protection or market integrity or if the application were an attempt to circumvent existing requirements.
2021/05/26
Committee: ECON
Amendment 231 #

2020/0267(COD)

Proposal for a regulation
Recital 38
(38) Since DLT market infrastructures could receive temporary exemptions from existing Union legislation, they should closely cooperate with competent authorities and the European Securities and Markets Authority (ESMA) during the time of their specific permission. DLT market infrastructures should inform the competent authorities and ESMA about any material change to its business plan and its critical staff, any evidence of cyber threats or attacks, fraud or serious malpractice, of any change in the information provided at the time of the initial application for permission, of any technical difficulties, and in particular those linked to the use of DLT, and of any new risks to investor protection, market integrity and financial stability that was not envisaged at the time where the specific permission was granted. Where notified of such a material change, the competent authority should request the DLT market infrastructure to apply for a new permission or exemption or it should take any corrective measures it deems appropriate. DLT market infrastructures should also provide any relevant data to competent authorities and ESMA, whenever such data is requested. To ensure investor protection, market integrity and financial stability, twhere notified of such a material change, the competent authority should request ESMA to issue a recommendation and, on that basis, request the DLT market infrastructure to apply for a new permission or exemption or to take any corrective measures that ESMA deems appropriate. DLT market infrastructures should also provide any relevant data to competent authorities and to ESMA, whenever such data is requested. The competent authority which granted the specific permission to the DLT market infrastructure should be able to recommend any corrective measures, after consultation witha recommendation has been issued by ESMA.
2021/05/26
Committee: ECON
Amendment 255 #

2020/0267(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘DLT transferable securities’ means ‘transferable securities’ within the meaning of Article 4(1)(44) (a) and (b) of Directive 2014/65/EU that are issued, recorded, transferred and stored using a DLT, which is not built or based on a proof of work consensus mechanism;
2021/05/26
Committee: ECON
Amendment 273 #

2020/0267(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) shares, the issuer of which has a market capitalisation or a tentative market capitalisation of less than EUR 2100 million; or
2021/05/26
Committee: ECON
Amendment 277 #

2020/0267(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) convertible bonds, covered bonds, corporate bonds, other public bonds and other bonds, with an issuance size of less than EUR 2500 million.
2021/05/26
Committee: ECON
Amendment 291 #

2020/0267(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The total market value of DLT transferable securities recorded in a CSD operating a DLT securities settlement system shall not exceed EUR 2.5 billion. Where a DLT MTF records the DLT transferable securities instead of a CSD, in accordance with paragraphs 2 and 3 of Article 4, the total market value of the DLT transferable securities recorded by the investment firm or market operator operating the DLT MTF shall not exceed EUR 2.5 billion.
2021/05/26
Committee: ECON
Amendment 317 #

2020/0267(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a
(a) guarantees, in accordance with Article 37(2) and (3) of Regulation (EU) No 909/2014, that the number of DLT transferable securities in an issue or in part of an issue admitted by the investment firm or market operator operating the DLT MTF, is equal to the sum of DLT transferable securities making up such an issue or part of an issue, recorded on the DLT, at any given time;
2021/05/26
Committee: ECON
Amendment 320 #

2020/0267(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point d
(d) provides, in accordance with Article 39(5) of Regulation (EU) No 909/2014, clear, accurate and timely information in relation to the settlement of transactions, including settlement finality, by defining the moment from which transfer orders or other pre-identified instructions may not be revoked by a member, participant, issuer or client;
2021/05/26
Committee: ECON
Amendment 326 #

2020/0267(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point g
(g) either prevents or, if not possible, addresses settlement fails. , in accordance with Article 7 of Regulation (EU) No 909/2014 and Commission Delegated Regulation (EU) 2018/12291a. _________________ 1aCommission Delegated Regulation (EU) 2018/1229 of 25 May 2018 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards on settlement discipline (OJL 230, 13.9.2018, p.1)
2021/05/26
Committee: ECON
Amendment 340 #

2020/0267(COD)

Proposal for a regulation
Article 5 – paragraph 3 – introductory part
3. At its request, a CSD operating a DLT securities settlement system may be exempted by the competent authority from the application of Article 19 and Article 30 of Regulation (EU) No 909/2014, in relation only to the outsourcing of a core service to a third party, and from Article 30 of that Regulation, provided that:
2021/05/26
Committee: ECON
Amendment 351 #

2020/0267(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 1
The settlement of payments mayshall be carried out through central bank money, where practicable and available, or where not practicable and available, through commercial bank money, including commercial bank money in a token-based form, or in e-money tokens.
2021/05/26
Committee: ECON
Amendment 353 #

2020/0267(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2
Where settlement occurs through commercial bank money or e-money tokens, the investment firm or market operator operating the DLT MTFCSD operating the DLT securities settlement system shall identify, measure, monitor, manage, and minimise any counterparty risk arising from the use of such money, also taking into account any risk arising from the designation or non- designation of the DLT SSS as a system for the purposes of Directive 98/26/EC and of paragraph 8 of this Article.
2021/05/26
Committee: ECON
Amendment 374 #

2020/0267(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
They shall also have up-to-date, clear and detailed publically available written documentation, which may be made available by electronic means, defining the rules under which the DLT market infrastructure shall operate, including the agreed upon associated legal terms defining the rights, obligations, responsibilities and liabilities of the operator of the DLT market infrastructure, as well as that of the members, participants, issuers and/or clients using the DLT market infrastructure concerned. Such legal arrangements shall specify the governing law, the pre-litigation dispute settlement mechanism, any insolvency protection measures under Directive 98/26/EC and the jurisdiction for bringing legal action.
2021/05/26
Committee: ECON
Amendment 378 #

2020/0267(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. A CSD operating a DLT securities settlement system, and an investment firm or a market operator operating a DLT MTF requesting an exemption from Article 3(2) of Regulation (EU) No 909/2014, shall establish: (a) rules on the functioning of the DLT they operate, including the rules for accessing the distributed ledger technology, the participation of the validating nodes, addressing potential conflicts of interest, and risk management including any mitigation measures; and (b) measures to mitigate the risks arising from insolvency, where insolvency protection measures under Directive 98/26/EC do not apply.
2021/05/26
Committee: ECON
Amendment 402 #

2020/0267(COD)

Proposal for a regulation
Article 7 – paragraph 3 – introductory part
3. Before deciding on an application for a specific permission to operate a DLT MTF under this Regulation, the competent authority of the home Member State shall notify and provide all relevant information on the DLT MTF to ESMA, an explanation of the exemptions requested, their justifications and any compensatory measures proposed by the applicant or required by the competent authority. , in the case of an application by a credit institution, to its prudential supervisor, including the ECB for significant credit institutions, and, in all cases, to ESMA, including an explanation of the exemptions requested, their justifications and any compensatory measures proposed by the applicant or required by the competent authority. In addition, where an applicant intends to provide any of the core services listed in Section A of the Annex to Regulation (EU) No 909/2014, before deciding on an application for a specific permission to operate a DLT MTF under this Regulation, the competent authority of the home Member State shall transmit all information included in the application to the relevant authorities specified in Article 12 of Regulation (EU) No 909/2014 and consult those authorities on the features of the securities settlement system operated by the applicant. A relevant authority may inform the competent authority of its views within three months of receipt of the information from the competent authority.
2021/05/26
Committee: ECON
Amendment 414 #

2020/0267(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
ESMA shall publish on its website the list of DLT MTFs, the start and end dates of their specific permissions and the list of exemptions granted to each of them. Furthermore, ESMA shall publish on its website all requests for exemptions that have been made under this Regulation, indicating in each case whether ESMA recommended that the exemption be accepted or refused.
2021/05/26
Committee: ECON
Amendment 415 #

2020/0267(COD)

Proposal for a regulation
Article 7 – paragraph 6 – introductory part
6. Without prejudice to Article 8 and Article 44 of Directive 2014/65/EU, the competent authority which granted a specific permission under this Regulation shall withdraw such permission or any of the exemptions granted, after consultation with ESMA, and informing the relevant authorities specified in Article 12 of Regulation (EU) No 909/2014 and, in the case of a specific permission granted to a credit institution, its prudential supervisor, including the ECB for significant credit institutions, in accordance with paragraph 3, if any of the following has occurred:
2021/05/26
Committee: ECON
Amendment 431 #

2020/0267(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. Before deciding on an application for a specific permission to operate a DLT MTF securities settlement system under this Regulation, the competent authority shall notify and provide all relevant information on the DLT securities settlement system to the relevant authorities specified in Article 12 of Regulation (EU) No909/2014 and shall consult those authorities on the features of the securities settlement system operated by the applicant and, in the case of an application by a credit institution, shall provide all such relevant information to the prudential supervisor, including the ECB for significant credit institutions, and, in all cases, to ESMA, and including an explanation of the exemptions requested, their justification and any compensatory measures proposed by the applicant or required by the competent authority. Within three months of receipt of the notification, the relevant authorities specified in Article 12 of Regulation (EU) No 909/2014 may respond to the competent authority, and ESMA shall provide the competent authority with a non-binding opinion on the application and shall make any recommendations on the exemptions requested by the applicant that are necessary to ensure investor protection, market integrity and financial stability. ESMA shall also promote the consistency and proportionality of exemptions granted by competent authorities to CSDs operating DLT securities settlement systems, across the Union. In order to do so, ESMA shall consult the competent authorities of the other Member States in a timely manner and take account of their views in its opinion.
2021/05/26
Committee: ECON
Amendment 439 #

2020/0267(COD)

Proposal for a regulation
Article 8 – paragraph 4 – introductory part
4. Without prejudice to Article 17 of Regulation (EU) No 909/2014, and after having informed the relevant authorities specified in Article 12 of Regulation (EU) No 909/2014 and, in the case of a credit institution, its prudential supervisor, including the ECB for significant credit institutions, a competent authority shall refuse to grant a specific permission under this Regulation, if there are grounds for believing any of the following:
2021/05/26
Committee: ECON
Amendment 441 #

2020/0267(COD)

Proposal for a regulation
Article 8 – paragraph 6 – introductory part
6. Without prejudice to the application of Article 20 of Regulation (EU) No 909/2014, the competent authority which granted the specific permission, under this Regulation shall withdraw such permission or any of the exemptions granted, after consultation with ESMA and the relevant authorities specified in Article 12 of Regulation (EU) No 909/2014 and informing, in the case of a credit institution, its prudential supervisor, including the ECB for significant credit institutions, in accordance with paragraph 3, if any of the following has occurred:
2021/05/26
Committee: ECON
Amendment 451 #

2020/0267(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Without prejudice to the application of any relevant provisions of Directive 2014/65/EU and Regulation (EU) No 909/2014, the operators of DLT market infrastructures shall cooperate with the competent authorities, including, in the case of credit institutions, their prudential supervisors, and including the ECB in the case of significant credit institutions, which are entrusted with granting specific permissions under this Regulation and with ESMA.
2021/05/26
Committee: ECON
Amendment 454 #

2020/0267(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – introductory part
In particular, immediately upon becoming aware of any of the matters listed below, the operators of DLT market infrastructures shall notify, the said competent authorities including, in the case of credit institutions, their prudential supervisors, and including the ECB in the case of significant credit institutions and ESMA, thereof. Such matters include, without limitation:
2021/05/26
Committee: ECON
Amendment 456 #

2020/0267(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The operators of DLT market infrastructures shall provide the competent authority which granted the specific permission and ESMA with any relevant information they may require. In the case of a DLT SSS or a DLT MTF providing core CSD services, the competent authority shall transmit information concerning the functioning of the securities settlement system to the relevant authorities specified in Article 12 of Regulation (EU) No 909/2014 as soon as possible.
2021/05/26
Committee: ECON
Amendment 458 #

2020/0267(COD)

Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. Every six months from the date of the specific permission, the operator of a DLT market infrastructure shall submit a report to the competent authority and ESMA. Such report shall include, without limitation:including, in the case of a credit institution, its prudential supervisor, and including the ECB in the case of significant credit institutions, and ESMA. In the case of a DLT securities settlement system or a DLT MTF providing core CSD services, the competent authority shall transmit that information to the relevant authorities specified in Article 12 of Regulation (EU) No 909/2014 as soon as possible.
2021/05/26
Committee: ECON
Amendment 481 #

2020/0267(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point j
(j) the benefits and costs resulting from the use of a DLT, in terms of any efficiency improvements, energy consumption and risk reducmitigations across the entire trading and post-trading chain, including without limitation, with regard to the recording and safekeeping of DLT transferable securities, the traceability of transactions, corporate actions, reporting and supervision functions at the level of the DLT market infrastructure;
2021/05/26
Committee: ECON
Amendment 16 #

2020/0265(COD)

Proposal for a regulation
Recital 1
(1) The Commission’s communication on a Digital Finance Strategy32 aims to ensure that the Union’s financial services legislation is fit for the digital age, and contributes to a future-ready economy that works for the people, including by enabling the use of innovative technologies. The Union has a stated and confirmed policy interest in developing and promoting the uptake of transformative technologies in the financial sector, including blockchain and distributed ledger technology (DLT), provided this transformation is fully in line with the objectives of the EU green deal and based on climate friendly technologies. _________________ 32Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on a Digital Finance Strategy for EU COM(2020)591.
2021/06/03
Committee: ECON
Amendment 34 #

2020/0265(COD)

Proposal for a regulation
Recital 5
(5) A dedicated and harmonised framework is therefore necessary at Union level to provide specific rules for crypto- assets and related activities and services and to clarify the applicable legal framework. Such harmonised framework should also cover services related to crypto-assets where these services are not yet covered by Union legislation on financial services. Such a framework should support innovation and fair competition, while ensuring a high level of consumer protection and market integrity in crypto-asset markets. A clear framework should enable crypto-asset service providers to scale up their business on a cross-border basis and should facilitate their access to banking services to run their activities smoothly. It should also ensure financial stability and address monetary policy risks that could arise from crypto- assets that aim at stabilising their price by referencing a currency, an asset or a basket of such. While increasing consumer protection, market integrity and financial stability through the regulation of offers to the public of crypto-assets or services related to such crypto-assets, a Union framework on markets in crypto-assets should not regulensure thate the underlying technology and should allow for the use of both permissionless and permission-based distributed ledgerre climate friendly and in line with the EU green deal objectives.
2021/06/03
Committee: ECON
Amendment 43 #

2020/0265(COD)

Proposal for a regulation
Recital 7
(7) Crypto-assets issuedand central bank money issued based on DLT or in digital form by central banks acting in their monetary authority capacity or by other public authorities should not be subject to the Union framework covering crypto- assets, and neither should services related to crypto- assets and central bank money issued based on DLT or in digital form that are provided by such central banks or other public authorities.
2021/06/03
Committee: ECON
Amendment 45 #

2020/0265(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) Pursuant to the fourth indent of art 127(2), of the Treaty on the Functioning of the European Union (TFEU), one of the basic tasks to be carried out through the European System of Central Banks (ESCB) is to promote the smooth operation of payment systems. The ECB may, pursuant to Article 22 of the Statute of the European System of Central Banks and of the European Central Bank(hereinafter the ‘Statute of the ESCB’), make regulations to ensure efficient and sound clearing and payment systems within the Union and with other countries. In this respect, the European Central Bank (ECB) has adopted regulations on requirements for systemically important payment systems. This Regulation is without prejudice to the responsibilities of the ECB and the national central banks (NCBs) in the ESCB to ensure efficient and sound clearing and payment systems within the Union and with other countries.
2021/06/03
Committee: ECON
Amendment 53 #

2020/0265(COD)

Proposal for a regulation
Recital 9
(9) A distinction should be made between three sub-categories of crypto- assets, which should be subject to more specific requirements. The first sub- category consists of a type of crypto-asset which is intended to provide digital access to a good or service, available on DLT, and that is only accepted by the issuer of that token (‘utility tokens’). Such ‘utility tokens’ have non-financial purposes related to the operation of a digital platform and digital services and should be considered as a specific type of crypto-assets. A second sub-category of crypto-assets are ‘asset-referenced tokens’. Such asset- referenced tokens aim at maintaining a stable value by referencing several currencies that are legal tender, one or several commodities, one or several crypto-assets, or a basket of such assets. By stabilising their value, those asset- referenced tokens often aim at being used by their holders as a means of payment to buy goods and services and as a store of value. A third sub-category of crypto- assets are crypto-assets that are intended primarily as a means of payment aim at stabilising their value by referencing only one fiat currency. The function of such crypto-assets is very similar to the function of electronic money, as defined in in Article 2, point 2, of Directive 2009/110/EC of the European Parliament and of the Council35 . Like electronic money, such crypto-assets are electronic surrogates for coins and banknotes and are used for making payments. These crypto- assets are defined as ‘electronic money tokens’ or ‘e-money tokens’. _________________ 35Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
2021/06/03
Committee: ECON
Amendment 56 #

2020/0265(COD)

Proposal for a regulation
Recital 10
(10) Despite their similarities, electronic money and crypto-assets referencing a single fiat currency differ in some important aspects. Holders of electronic money as defined in Article 2, point 2, of Directive 2009/110/EC are always provided with a claim on the electronic money institution and have a contractual right to redeem their electronic money at any moment against fiat currency that is legal tender at par value with that currency. By contrast, some of the crypto-assets referencing one fiat currency which is legal tender do not provide their holders with such a claim on the issuers of such assets and could fall outside the scope of Directive 2009/110/EC. Other crypto-asset referencing one fiat currency do not provide a claim at par with the currency they are referencing or limit the redemption period. The fact that holders of such crypto-assets do not have a claim on the issuers of such assets, or that such claim is not at par with the currency those crypto-assets are referencing, could undermine the confidence of users of those crypto-assets. To avoid circumvention of the rules laid down in Directive 2009/110/EC, any definition of ‘e-money tokens’ should be as wide as possible to capture all the types of crypto- assets referencing one single fiat currency that is legal tender. To avoid regulatory arbitrage, strict conditions on the issuance of e-money tokens should be laid down, including the obligation for such e-money tokens to be issued either by a credit institution as defined in Regulation (EU) No 575/2013 of the European Parliament and of the Council36 , or by an electronic money institution authorised under Directive 2009/110/EC. For the same reason, issuers of such e-money tokens should also grant the users of such tokens with a claim to redeem their tokens at any moment andHolders of electronic money as defined in Article 2, point 2, of Directive 2009/110/EC are always provided with a claim on the electronic money institution and have a contractual right to redeem their electronic money at any moment against fiat currency that is legal tender at par value againstwith theat currency referencing those tokens. Because e-money tokens are also crypto- assets and can also raise new challenges in terms of consumer protection and market integrity specific to crypto-assets, they should also be subject to rules laid down in this Regulation to address these challenges to consumer protection and market integrity. _________________ 36Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
2021/06/03
Committee: ECON
Amendment 65 #

2020/0265(COD)

Proposal for a regulation
Recital 12
(12) It is necessary to lay down specific rules for entities that provide services related to crypto-assets. A first category of such services consist of ensuring the operation of a trading platform for crypto- assets, exchanging crypto-assets against fiat official currencies that are legal tender or other crypto-assets by dealing on own account, and the service, on behalf of third parties, of ensuring the custody and administration of crypto- assets or ensuring the control of means to access to such crypto-assets. A second category of such services are the placing of crypto-assets, the reception or transmission of orders for crypto-assets, the execution of orders for crypto-assets on behalf of third parties and the provision of advice on crypto-assets. Any person that provides such crypto-asset services on a professional basis should be considered as a ‘crypto-asset service provider’.
2021/06/03
Committee: ECON
Amendment 66 #

2020/0265(COD)

Proposal for a regulation
Recital 13
(13) To ensure that all offers to the public of crypto-assets, other than asset- referenced tokens or e-money tokens, in the Union, or all the admissions of such crypto-assets to trading on a trading platform for crypto-assets are properly monitored and supervised by competent authorities, all issuers of crypto-assets should be legal entities whose corporate structure should not incorporate entities established in either non cooperative jurisdictions for tax purposes or high risk third countries.
2021/06/03
Committee: ECON
Amendment 72 #

2020/0265(COD)

Proposal for a regulation
Recital 14
(14) In order to ensure consumer protection, prospective purchasers of crypto-assets should be informed about the characteristics, functions and risks of crypto-assets they intend to purchase. When making a public offer of crypto- assets in the Union or when seeking admission of crypto-assets to trading on a trading platform for crypto-assets, issuers of crypto-assets should produce, notify to their competent authority and publish an information document (‘a crypto-asset white paper’) containing mandatory disclosures. Such crypto-asset white paper should contain general information on the issuer, on the project to be carried out with the capital raised, on the public offer of crypto-assets or on their admission to trading on a trading platform for crypto- assets, on the rights and obligations attached to the crypto-assets, on the underlying technology used for such assets and on the related risks. To ensure fair and non-discriminatory treatment of holders of crypto-assets, the information in the crypto-asset white paper, and where applicable in any marketing communications related to the public offer, shall be fair, clear and not misleading. This white paper should be approved by the competent authority.
2021/06/03
Committee: ECON
Amendment 73 #

2020/0265(COD)

Proposal for a regulation
Recital 15
(15) In order to ensure a proportionate approach, the requirements to draw up and publish a crypto-asset white paper should not apply to offers of crypto-assets, other than asset-referenced tokens or e- money tokens, that are offered for free, or offers of crypto-assets that are exclusively offered to qualified investors as defined in Article 2, point (e), of Regulation (EU) 2017/1129 of the European Parliament and of the Council37 and can be exclusively held by such qualified investors, or that, per Member State, are made to a small number of persons, or that are unique and not fungible with other crypto-assets. _________________ 37Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).deleted
2021/06/03
Committee: ECON
Amendment 77 #

2020/0265(COD)

Proposal for a regulation
Recital 16
(16) Small and medium-sized enterprises and start-ups should not be subject to excessive administrative burdens. Offers to the public of crypto- assets in the Union that do not exceed an adequate aggregate threshold over a period of 12 months should therefore be exempted from the obligation to draw up a crypto-asset white paper. However, EU horizontal legislation ensuring consumer protection, such as Directive 2011/83/EU of the European Parliament and of the Council38 , Directive 2005/29/EC of the European Parliament and of the Council39 or the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts40 , including any information obligations contained therein, remain applicable to these offers to the public of crypto-assets where involving business-to- consumer relations. _________________ 38Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 39Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22) 40Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
2021/06/03
Committee: ECON
Amendment 82 #

2020/0265(COD)

Proposal for a regulation
Recital 19
(19) UAlthough undue administrative burdens should be avoided. Competent authorities should therefore not be required to approve a crypto-asset white paper, a crypto-asset white paper should be approved by the competent authority before its publication. CFurthermore, competent authorities should, however, after publication, have the power to request that additional information is included in the crypto-asset white paper, and, where applicable, in the marketing communications.
2021/06/03
Committee: ECON
Amendment 86 #

2020/0265(COD)

Proposal for a regulation
Recital 21
(21) Crypto-asset white papers and, where applicable, marketing communications that have been duly notified to and been approved by a competent authority should be published, after which issuers of crypto- assets should be allowed to offer their crypto-assets throughout the Union and to seek admission for trading such crypto- assets on a trading platform for crypto- assets.
2021/06/03
Committee: ECON
Amendment 87 #

2020/0265(COD)

Proposal for a regulation
Recital 22
(22) In order to further ensure consumer protection, the consumers who are acquiring crypto-assets, other than asset- referenced tokens or e-money tokens, directly from the issuer or from a crypto- asset service provider placing the crypto- assets on behalf of the issuer should be provided with a right of withdrawal during a limited period of time after their acquisition. In order to ensure the smooth completion of an offer to the public of crypto-assets for which the issuer has set a time limit, this right of withdrawal should not be exercised byThe right of withdrawal can be exercised again in case of changes to the white paper, in order to protect the consumer afternd this until the end of the subscription period. Furthermore, the right of withdrawal should not apply where the crypto-assets, other than asset-referenced tokens or e- money tokens, are admitted to trading on a trading platform for crypto- assets, as, in such a case, the price of such crypto-assets would depend on the fluctuations of crypto-asset markets.
2021/06/03
Committee: ECON
Amendment 88 #

2020/0265(COD)

Proposal for a regulation
Recital 25
(25) Asset-referenced tokens aim at stabilising their value by reference to several fiat currencies, to one or more commodities, to one or more other crypto- assets, or to a basket of such assets. They could therefore be widely adopted by users to transfer value or as a means of payments and thus pose increased risks in terms of consumer protection and market integrity compared to other crypto-assets. Issuers of asset-referenced tokens should therefore be subject to more stringent requirements than issuers of other crypto- assets.
2021/06/03
Committee: ECON
Amendment 89 #

2020/0265(COD)

Proposal for a regulation
Recital 27
(27) To ensure the proper supervision and monitoring of offers to the public of asset-referenced tokens, issuers of asset- referenced tokens should have a registered office in the Union and its corporate structure should not incorporate entities established in either non cooperative jurisdictions for tax purposes or high risk third countries.
2021/06/03
Committee: ECON
Amendment 90 #

2020/0265(COD)

Proposal for a regulation
Recital 28
(28) Offers to the public of asset- referenced tokens in the Union or seeking an admission of such crypto-assets to trading on a trading platform for crypto- assets should be possible only where the competent authority has authorised the issuer of such crypto-assets and approved the crypto-asset white paper regarding such crypto-assets. The authorisation requirement should however not apply where the asset-referenced tokens are only offered to qualified investors, or when the offer to the public of asset- referenced tokens is below a certain threshold. Credit institutions authorised under Directive 2013/36/EU of the European Parliament and of the Council41 should not need another authorisation under this Regulation in order to issue asset-referenced tokens. In those cases, the issuer of such asset- referenced tokens should be still required to produce a crypto-asset white paper to inform buyers about the characteristics and risks of such asset-referenced tokens and to notify it to the relevant competent authority, before publication. _________________ 41Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
2021/06/03
Committee: ECON
Amendment 95 #

2020/0265(COD)

Proposal for a regulation
Recital 29
(29) A competent authority should refuse authorisation where the prospective issuer of asset-referenced tokens’ business model may pose a serious threat to financial stability, monetary policy transmission and monetary sovereignty. The competent authority should consult the EBA and ESMA and, where the asset- referenced tokens is referencing Union currencies, the European Central Bank (ECB) and the national central bank of issue of such currencies before granting an authorisation or refusing an authorisation. The EBA, ESMA, and, where applicable, the ECB and the national central banks should provide the competent authority with a non-binding opinion on the prospective issuer’s application. Where authorising a prospective issuer of asset- referenced tokens, the competent authority should also approve the crypto-asset white paper produced by that entity. The authorisation by the competent authority should be valid throughout the Union and should allow the issuer of asset-referenced tokens to offer such crypto-assets in the Single Market and to seek an admission to trading on a trading platform for crypto- assets. In the same way, the crypto-asset white paper should also be valid for the entire Union, without possibility for Member States to impose additional requirements.
2021/06/03
Committee: ECON
Amendment 98 #

2020/0265(COD)

Proposal for a regulation
Recital 30
(30) To ensure consumer protection, issuers of asset-referenced tokens should always provide holders of asset-referenced tokens with clear, fair and not misleading information. The crypto-asset white paper on asset-referenced tokens should include information on the stabilisation mechanism, on the investment policy of the reserve assets, on the custody arrangements for the reserve assets, and on the rights provided to holders. Where the issuers of asset-referenced tokens do not offer a direct claim or redemption right on the reserve assets to all the holders of such asset-referenced tokens, the crypto-asset white paper related to asset-referenced tokens should contain a clear and unambiguous warning in this respect. Marketing communications of an issuer of asset-referenced tokens should also include the same statement, where the issuers do not offer such direct rights to all the holders of asset-referenced tokens.
2021/06/03
Committee: ECON
Amendment 102 #

2020/0265(COD)

Proposal for a regulation
Recital 34
(34) Issuers of asset-referenced tokens should have robust governance arrangements, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility and effective processes to identify, manage, monitor and report the risks to which they are or might be exposed. The management body of such issuers and their shareholders should have good repute and sufficient expertise and be fit and proper for the purpose of anti- money laundering and combatting the financing of terrorism. Issuers of asset- referenced tokens should also employ resources proportionate to the scale of their activities and should always ensure continuity and regularity in the performance of their activities. For that purpose, issuers of asset-referenced tokens should establish a business continuity policy aimed at ensuring, in the case of an interruption to their systems and procedures, the performance of their core payment activities. Issuers of asset- referenced tokens should also have a strong internal control and risk assessment mechanism, as well as a system that guarantees the integrity and confidentiality of information received. Information on governance arrangements should be sent together with the draft white paper to the competent authority and should be assessed during the white paper approval process.
2021/06/03
Committee: ECON
Amendment 105 #

2020/0265(COD)

Proposal for a regulation
Recital 35
(35) Issuers of asset-referenced tokens are usually at the centre of a network of entities that ensure the issuance of such crypto-assets, their transfer and their distribution to holders. Issuers of asset- referenced tokens should therefore be required to establish and maintain appropriate contractual arrangements with those third-party entities ensuring the stabilisation mechanism and the investment of the reserve assets backing the value of the tokens, the custody of such reserve assets, and, where applicable, the distribution of the asset-referenced tokens to the public. The corporate structure of issuers of asset referenced tokens should not incorporate entities established in either non cooperative jurisdictions for tax purposes or high risk third countries.
2021/06/03
Committee: ECON
Amendment 106 #

2020/0265(COD)

Proposal for a regulation
Recital 36
(36) To address the risks to financial stability of the wider financial system, issuers of asset-referenced tokens should be subject to capital requirements. Those capital requirements should be proportionate to the issuance size of the asset-referenced tokens and therefore calculated as a percentage of the reserve of assets that back the value of the asset- referenced tokens. Competent authorities should however be able to increase or decrease the amount of own fund requirements required on the basis of, inter alia, the evaluation of the risk-assessment mechanism of the issuer, the quality and volatility of the assets in the reserve backing the asset- referenced tokens or the aggregate value and number of asset- referenced tokens.
2021/06/03
Committee: ECON
Amendment 111 #

2020/0265(COD)

Proposal for a regulation
Recital 39
(39) To protect holders of asset- referenced tokens against a decrease in value of the assets backing the value of the tokens, issuers of asset-referenced tokens should invest the reserve assets in secure, low risks assets with minimal market, concentration and credit risk. As the asset- referenced tokens can be used as a means of payment, all profits or losses resulting from the investment of the reserve assets should be borne by the issuer of the asset- referenced tokens.
2021/06/03
Committee: ECON
Amendment 114 #

2020/0265(COD)

Proposal for a regulation
Recital 40
(40) Some asset-referenced tokens may offer all their holders rights, such as redemption rights or claims on the reserve assets or on the issuer, while other asset- referenced tokens may not grant such rights to all their holders and may limit the right of redemption to specific holders. Any rules regarding asset-referenced tokens should be flexible enough to capture all those situations. Issuers of asset-referenced tokens should therefore inform the holders of asset-referenced tokens on whether they are provided with a direct claim on the issuer or redemption rights. Where issuers of asset-referenced tokens grant direct rights on the issuer or on the reserve assets to all the holders, the issuers should precisely set out the conditions under which such rights can be exercised. Where issuers of asset- referenced tokens restrict such direct rights on the issuer or on the reserve assets to a limited number of holders of asset-referenced tokens, the issuers should still offer minimum rights to all the holders of asset-referenced tokens. Issuers of asset-referenced tokens should ensure the liquidity of those tokens by concluding and maintaining adequate liquidity arrangements with crypto-asset service providers that are in charge of posting firm quotes on a predictable basis to buy and sell the asset-referenced tokens against fiat currency. Where the value of the asset-referenced tokens varies significantly from the value of the reserve assets, the holders of asset-referenced tokens should have a right to request the redemption of their asset-referenced tokens against reserve assets directly from the issuer. Issuers of asset-referenced tokens that voluntarily stop their operations or that are orderly wound-down should have contractual arrangements in place to ensure that the proceeds of the reserve assets are paid to the holders of asset-referenced tokens.
2021/06/03
Committee: ECON
Amendment 122 #

2020/0265(COD)

Proposal for a regulation
Recital 50
(50) Crypto-asset services should only be provided by legal entities that have a registered office in a Member State and that have been authorised as a crypto-asset service provider by the competent authority of the Member State where its registered office is located and its corporate structure should not incorporate entities established in either non cooperative jurisdictions for tax purposes or high risk third countries. The notion of crypto asset service provider is wide .The whole lifecycle of a crypto asset service is relevant, and the decentralization of any individual element of operations does not affect the qualification as a crypto asset service provider and does not relieve such a provider of its obligations. The qualification of crypto asset service provider leads to the application of the Travel Rule, which requires the crypto asset service providers to perform extensive Know Your Customer and Anti- Money Laundering checks for the originator and beneficiary of transactions.
2021/06/03
Committee: ECON
Amendment 124 #

2020/0265(COD)

Proposal for a regulation
Recital 51
(51) This Regulation should not affect the possibility for persons established in the Union to receive crypto-asset services by a third-country firm at their own exclusive initiative. Where a third-country firm provides crypto-asset services at the own exclusive initiative of a person established in the Union, the crypto-asset services should not be deemed as provided in the territory of the Union. Where a third-country firm solicits clients or potential clients in the Union or promotes or advertises crypto-asset services or activities in the Union, it should not be deemed as a crypto-asset service provided at the own exclusive initiative of the client. In such a case, the third-country firm should be authorised as a crypto-asset service provider. A practise whereby a third-country firm includes general clauses in its Terms of Business or through the use of online pop-up “I agree” boxes whereby clients state that any transaction is executed on the exclusive initiative of the client, should not deemed as an attempt to circumvent the rules of this Regulation.
2021/06/03
Committee: ECON
Amendment 129 #

2020/0265(COD)

Proposal for a regulation
Recital 54
(54) Some firms subject to Union legislation on financial services should be allowed to provide crypto-asset services without prior authorisation. Credit institutions authorised under Directive 2013/36/EU should not need another authorisation to provide crypto-asset services. Investment firms authorised under Directive 2014/65/EU to provide one or several investment services as defined under that Directive similar to the crypto-asset services they intend to provide should also be allowed to provide crypto-asset services across the Union without another authorisation.deleted
2021/06/03
Committee: ECON
Amendment 133 #

2020/0265(COD)

Proposal for a regulation
Recital 64
(64) It is necessary to ensure users’ confidence in crypto-asset markets and market integrity. It is therefore necessary to lay down rules to deter market abuse for crypto-assets that are admitted to trading on a trading platform for crypto-assets. However, as issuers of crypto-assets and crypto-asset service providers are very often SMEs, it would be disproportionate to apply all the provisions of Regulation (EU) No 596/2014 of the European Parliament and of the Council44 to them. It is therefore necessary to lay down specific rules prohibiting certain behaviours that are likely to undermine users’ confidence in crypto-asset markets and the integrity of crypto-asset markets, including insider dealings, unlawful disclosure of inside information and market manipulation related to crypto- assets. These bespoke rules on market abuse committed in relation to crypto- assets should be applied, where crypto- assets are admitted to trading on a trading platform for crypto-assets. _________________ 44 European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1).Regulation (EU) No 596/2014 of the
2021/06/03
Committee: ECON
Amendment 147 #

2020/0265(COD)

Proposal for a regulation
Recital 77
(77) In order to avoid disrupting market participants that provide services and activities in relation to crypto-assets that have been issued before the entry into force of this Regulation, issuers of such crypto-assets should be exempted from the obligation to publish a crypto-asset white paper and other applicable requirements. However, those transitional provisions should not apply to issuers of asset- referenced tokens, issuers of e-money tokens or to crypto-asset service providers that, in any case, should receive an authorisation as soon as this Regulation enters into application.deleted
2021/06/03
Committee: ECON
Amendment 181 #

2020/0265(COD)

Proposal for a regulation
Article 2 – paragraph 5
5. Where providing one or more crypto-asset services, credit institutions authorised under Directive 2013/36/EU shall not be subject to the provisions of chapter I of Title V, except Articles 57 and 58.deleted
2021/06/03
Committee: ECON
Amendment 186 #

2020/0265(COD)

Proposal for a regulation
Article 2 – paragraph 6
6. Investment firms authorised under Directive 2014/65/EU shall not be subject to the provisions of chapter I of Title V, except Articles 57, 58, 60 and 61, where they only provide one or several crypto- asset services equivalent to the investment services and activities for which they are authorised under Directive 2014/65/EU. For that purpose: (a) the crypto-asset services defined in Article 3(1), point (11), of this Regulation are deemed to be equivalent to the investment activities referred to in points (8) and (9) of Section A of Annex I to Directive 2014/65/EU; (b) the crypto-asset services defined in Article 3(1), points (12) and (13), of this Regulation are deemed to be equivalent to the investment services referred to in point (3) of Section A of Annex I to Directive 2014/65/EU; (c) the crypto-asset services defined in Article 3(1), point (14), of this Regulation are deemed to be equivalent to the investment services referred to in point (2) of Section A of Annex I to Directive 2014/65/EU; (d) the crypto-asset services defined in Article 3(1), point (15), of this Regulation are deemed to be equivalent to the investment services referred to in points (6) and (7) of Section A of Annex I to Directive 2014/65/EU; (e) the crypto-asset services defined in Article 3(1), point (16), of this Regulation are deemed to be equivalent to the investment services referred to in point (1) of Section A of Annex I to Directive 2014/65/EU. (f) the crypto-asset services defined in Article 3(1), point (17), of this Regulation are deemed to be equivalent to the investment services referred to in points (5) of Section A of Annex I to Directive 2014/65/EU.deleted
2021/06/03
Committee: ECON
Amendment 198 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘asset-referenced token’ means a type of crypto-asset that purports to maintain a stable value by referring to the value of several fiatofficial currencies that are legal tender,or one or several commodities or one or several crypto-assets, or a combination of such assets;
2021/06/03
Committee: ECON
Amendment 207 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘electronic money token’ or ‘e- money token’ means a type of crypto-asset the main purpose of which is to be used as a means of exchange and that purports to maintain a stable value by referring to the value of a fiat currency that is legal tendern official currency;
2021/06/03
Committee: ECON
Amendment 217 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘issuer of crypto-assets’ means a legal person who offers to the public any type of crypto-assets or a person or entity with direct or indirect control over such crypto assets seeks the admission of such crypto-assets to a trading platform for crypto-assets;
2021/06/03
Committee: ECON
Amendment 228 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) offer to the public’ means an offer to third parties to acquire a crypto-asset in exchange for fiat currency or other communication to persons in any form and by any means, presenting sufficient information on the terms of the offer and the crypto-assets to be offered, so as to enable potential holders to decide to purchase those crypto-assets;
2021/06/03
Committee: ECON
Amendment 234 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) crypto-asset service provider’ means any person whose occupation oror entity who has been authorised to provide one or more crypto- asset services in accordance with art.53 to third parties on a professional buasiness is the provision of one or mores. A person or entity shall qualify as a crypto-asset service provider if, amongst others, - the operator conducting a crypto asset service as a business on behalf of its customers as well as anyone involved in the business development activity; - anyone directing the creation, the development or the launching of the software to provide a crypto- asset services to third parties on a professional basisfor profit even if the platform becomes fully automated and the provider is no longer involved - decision-making entity that controls the terms of the financial service which is provided;
2021/06/03
Committee: ECON
Amendment 250 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 21
(21) ‘reserve assets’ means the basket of fiatofficial currencies that are legal tender, commodities or crypto-assetof countries or commodities, backing the value of an asset-referenced tokens, or the investment of such assets;
2021/06/03
Committee: ECON
Amendment 258 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
(28a) proof of stake’ mechanisms request participants to demonstrate ownership of a pre-defined crypto-asset to allow mining or validating block transactions;
2021/06/03
Committee: ECON
Amendment 261 #

2020/0265(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28 b (new)
(28b) The ‘Proof of work’ consensus, requires all miners (participants to the DLT) to solve complex mathematical puzzles to validate a new transaction, adding a block to the chain and permanently and irreversibly recording a new transaction;
2021/06/03
Committee: ECON
Amendment 273 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
(ea) has measures in place to prevent the misuse of the offering of crypto-assets to the public or trading on a platform for crypto-assets for the purposes of money laundering or financing of terrorism in accordance with Directive (EU) 2015/849 of the European Parliament and of the Council;
2021/06/03
Committee: ECON
Amendment 274 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e b (new)
(eb) does not have a parent undertaking, or a subsidiary, that is established in: (a) a third country which is listed as a high-risk third country having strategic deficiencies in its regime on anti-money laundering and counter terrorist financing, in accordance with Article 9 of Directive (EU)2015/849;(aa) third country which is listed in Annex I *or Annex II* of the EU list of non-cooperative jurisdictions for tax purposes;” (aaa) third jurisdictions with a 0 % corporate tax rate or with no taxes on companies’ profits.
2021/06/03
Committee: ECON
Amendment 275 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e c (new)
(ec) issues crypto-assets which are generated through ‘proof of stake’ mechanisms;
2021/06/03
Committee: ECON
Amendment 277 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a
(a) the crypto-assets are offered for free;deleted
2021/06/03
Committee: ECON
Amendment 279 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) the crypto-assets are automatically created through mining as a reward for the maintenance of the DLT or the validation of transactions;deleted
2021/06/03
Committee: ECON
Amendment 281 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) the crypto-assets are unique and not fungible with other crypto-assets;deleted
2021/06/03
Committee: ECON
Amendment 283 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d
(d) the crypto-assets are offered to fewer than 150 natural or legal persons per Member State where such persons are acting on their own account;deleted
2021/06/03
Committee: ECON
Amendment 285 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point e
(e) over a period of 12 months, the total consideration of an offer to the public of crypto-assets in the Union does not exceed EUR 1 000 000, or the equivalent amount in another currency or in crypto-assets;deleted
2021/06/03
Committee: ECON
Amendment 291 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point f
(f) the offer to the public of the crypto-assets is solely addressed to qualified investors and the crypto-assets can only be held by such qualified investors.deleted
2021/06/03
Committee: ECON
Amendment 301 #

2020/0265(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3a. The crypto-asset white paper shall contain a clear and unambiguous statement that: (a) the crypto-assets may lose their value in part or in full; (b) the crypto-assets may not always be transferable; (c) the crypto-assets may not be liquid; (d) where the offer to the public concerns utility tokens, that such utility tokens may not be exchangeable against the good or service promised in the crypto-asset white paper, especially in case of failure or discontinuation of the project; (e) where applicable, public protection schemes protecting the value of crypto assets and public compensation schemes do not exist and crypto-assets are not covered by public investor compensation or deposit guarantee schemes.
2021/06/03
Committee: ECON
Amendment 323 #

2020/0265(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) information on the underlying technology, which can not be based on a proof of work mechanism, and standards applied by the issuer of the crypto-assets allowing for the holding, storing and transfer of those crypto-assets;
2021/06/03
Committee: ECON
Amendment 327 #

2020/0265(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(ga) information on the validation mechanism or consensus process, namely how the crypto-asset is generated through “proof of stake” mechanisms;
2021/06/03
Committee: ECON
Amendment 328 #

2020/0265(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(gb) a description of sustainability indicators in relation to adverse impacts on the climate and other environmental, social and governance-related adverse impacts related to the issuance of the crypto-asset;
2021/06/03
Committee: ECON
Amendment 329 #

2020/0265(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The crypto-asset white paper shall contain the following statement: “The issuer of the crypto-assets is solely responsible for the content of this crypto- asset white paper. This crypto-asset white paper has not been reviewed or approved by any competent authority in any Member State of the European Union”.deleted
2021/06/03
Committee: ECON
Amendment 331 #

2020/0265(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The crypto-asset white paper shall not contain any assertions on the future value of the crypto-assets, other than the statement referred to in paragraph 5, unless the issuer of those crypto-assets can guarantee such future value.
2021/06/03
Committee: ECON
Amendment 340 #

2020/0265(COD)

Proposal for a regulation
Article 5 – paragraph 9
9. The crypto-asset white paper shall be drawn up in at least one of the official languages of the home Member State orand in a language customary in the sphere of international finance.
2021/06/03
Committee: ECON
Amendment 341 #

2020/0265(COD)

Proposal for a regulation
Article 6 – point b
(b) the information in the marketing communications shall be fair, clear and not misleading, and shall describe the risks and rewards of purchasing crypto-assets in an equally prominent manner;
2021/06/03
Committee: ECON
Amendment 342 #

2020/0265(COD)

Proposal for a regulation
Article 6 – point d
(d) the marketing communications shall clearly state that a crypto-asset white paper has been published and indicate the address of the website of the issuer of the crypto-assets concerned as well as a contact number and email address of the issuer.
2021/06/03
Committee: ECON
Amendment 346 #

2020/0265(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Competent authorities shall not require an ex ante approval ofe a crypto- asset white paper, norand of any marketing communications relating to it before their publication. The approval or refusal shall be given not later than 20 working days after the notification.
2021/06/03
Committee: ECON
Amendment 354 #

2020/0265(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
(da) 3a.The notification of the crypto- asset white paper shall also explain how the issuer complies with paragraphs (ea) (eb) and (ec) of Article 4 (1).
2021/06/03
Committee: ECON
Amendment 359 #

2020/0265(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Issuers of crypto-assets, other than asset-referenced tokens or e-money tokens, shall , after the approval of the competent authority, publish their crypto-asset white paper, and, where applicable, their marketing communications, on their website, which shall be publicly accessible, by no later than the starting date of the offer to the public of those crypto-assets or the admission of those crypto-assets to trading on a trading platform for crypto- assets. The crypto-asset white paper, and, where applicable, the marketing communications, shall remain available on the issuer’s website for as long as the crypto-assets are held by the public.
2021/06/03
Committee: ECON
Amendment 363 #

2020/0265(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The published crypto-asset white paper, and, where applicable, the marketing communications, shall be identical to the version notifiapproved toby the relevant competent authority in accordance with Article 7, or, where applicable, modified in accordance with Article 11.
2021/06/03
Committee: ECON
Amendment 365 #

2020/0265(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. After publication of the approved crypto- asset white paper in accordance with Article 8, and, where applicable, Article 11, issuers of crypto-assets may offer their crypto-assets, other than asset- referenced tokens or e-money tokens, throughout the Union and seek admission to trading of such crypto-assets on a trading platform for crypto-assets.
2021/06/03
Committee: ECON
Amendment 367 #

2020/0265(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Issuers of crypto-assets, other than asset-referenced tokens or e-money tokens, shall modify their published crypto-asset white paper, and, where applicable, published marketing communications, to describe any change or new fact that is likely to have a significant influence on the purchase decision of any potential purchaser of such crypto-assets, or on the decision of holders of such crypto-assets to sell or exchange such crypto-assets. This modified crypto asset white paper shall be approved by the competent authority before publication.
2021/06/03
Committee: ECON
Amendment 372 #

2020/0265(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Consumers shall have a period of 14 calendar days to withdraw their agreement to purchase those crypto-assets without incurring any cost and without giving reasons. The period of withdrawal shall begin from the day of the consumers’ agreement to purchase those crypto-assets and will restart every time a modification is made to the white paper and this until the end of the subscription period.
2021/06/03
Committee: ECON
Amendment 375 #

2020/0265(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) maintain all of their systems and security access protocols to appropriate Union standards and refrain from issuing crypto-assets on a protocol that uses a proof-of-work mechanism.
2021/06/03
Committee: ECON
Amendment 378 #

2020/0265(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Where an offer to the public of crypto-assets, other than asset-referenced tokens or e-money tokens, is cancelled for any reason, issuers of such crypto-assets shall ensure that any funds collected from purchasers or potential purchasers are duly returned to them as soon as possible and not later than 20 working days.
2021/06/03
Committee: ECON
Amendment 387 #

2020/0265(COD)

Proposal for a regulation
Article 15 – paragraph 2 a (new)
2a. Legal entities referred to in paragraph 2 shall not have a parent undertaking, or a subsidiary, that is established in: (a) a third country which is listed as a high-risk third country having strategic deficiencies in its regime on anti-money laundering and counter terrorist financing, in accordance with Article 9 of Directive (EU)2015/849; (aa) third country which is listed in Annex I *or Annex II* of the EU list of non- cooperative jurisdictions for tax purposes;” (aaa) a jurisdictions with a 0 % corporate tax rate or with no taxes on companies’ profits.
2021/06/03
Committee: ECON
Amendment 388 #

2020/0265(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) over a period of 12 months, calculated at the end of each calendar day, the average outstanding amount of asset- referenced tokens does not exceed EUR 51 000 000, or the equivalent amount in another currency;
2021/06/03
Committee: ECON
Amendment 389 #

2020/0265(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) the offer to the public of the asset- referenced tokens is solely addressed to qualified investors and the asset- referenced tokens can only be held by such qualified investors.deleted
2021/06/03
Committee: ECON
Amendment 393 #

2020/0265(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Paragraph 1 shall not apply where the issuers of asset-referenced tokens are authorised as a credit institution in accordance with Article 8 of Directive 2013/36/EU. Such issuers shall, however, produce a crypto-asset white paper as referred to in Article 17, and submit that crypto-asset white paper for approval by the competent authority of their home Member State in accordance with paragraph 7.deleted
2021/06/03
Committee: ECON
Amendment 404 #

2020/0265(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point h
(h) where applicable, proof that natural persons who either own, directly or indirectly, more than 205% of the applicant issuer's share capital or voting rights, or who exercise, by any other means, control over the said applicant issuer, have good repute and competence;
2021/06/03
Committee: ECON
Amendment 405 #

2020/0265(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point o a (new)
(oa) a description of the internal policies in place to prevent the misuse of asset-referenced tokens for the purposes of money laundering or financing of terrorism, in accordance with in accordance with Directive (EU) 2015/849 of the European Parliament and of the Council.
2021/06/03
Committee: ECON
Amendment 406 #

2020/0265(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point o b (new)
(ob) a description of the validation mechanism or consensus process, namely how the asset-referenced token is generated through “proof of stake” mechanisms.
2021/06/03
Committee: ECON
Amendment 407 #

2020/0265(COD)

Proposal for a regulation
Article 16 – paragraph 2 – point o c (new)
(oc) a description of sustainability indicators in relation to adverse impacts on the climate and other environmental, social and governance-related adverse impacts of the issuance of the asset- referenced tokens.
2021/06/03
Committee: ECON
Amendment 415 #

2020/0265(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) a detailed description of the claim that the asset-referenced token represents for holders, including the contribution to such claim of each asset being referenced when more than one asset is referenced.
2021/06/03
Committee: ECON
Amendment 418 #

2020/0265(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – point f
(f) where the issuer does not offer a direct right on the reserve assets, detailed information on the mechanisms referred to in Article 35(4) to ensure the liquidity of the asset-referenced tokens;deleted
2021/06/03
Committee: ECON
Amendment 420 #

2020/0265(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – point h a (new)
(ha) information on the validation mechanism or consensus process, namely how the asset-referenced token is generated through “proof of stake” mechanisms
2021/06/03
Committee: ECON
Amendment 421 #

2020/0265(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – point h b (new)
(hb) a description of sustainability indicators in relation to adverse impacts on the climate and other environmental, social and governance-related adverse impacts related to the issuance of the asset-referenced token
2021/06/03
Committee: ECON
Amendment 422 #

2020/0265(COD)

Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2
For the purposes of point (e), where no direct claim or redemption right has been granted to all the holders of asset- referenced tokens, the crypto-asset white paper shall contain a clear and unambiguous statement that all the holders of the crypto-assets do not have a claim on the reserve assets, or cannot redeem those reserve assets with the issuer at any time.deleted
2021/06/03
Committee: ECON
Amendment 426 #

2020/0265(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. The crypto-asset white paper shall be drawn up in at least one of the official languages of the home Member State orand in a language customary in the sphere of international finance.
2021/06/03
Committee: ECON
Amendment 433 #

2020/0265(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. The EBA, ESMA, the ECB and, where applicable, a central bank as referred to in paragraph 3 shall, within 2 months after having received the draft decision and the application file, issue a non- binding opinion on the application and transmit their non-binding opinions to the competent authority concerned, except that such opinions issued by the ECB and the national central banks shall be binding as regards the conduct of monetary policy, and the promotion of the smooth operation of payment systems. That competent authority shall duly consider those non-binding opinions and the observations and comments of the applicant issuer.
2021/06/03
Committee: ECON
Amendment 440 #

2020/0265(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Competent authorities shall, within one month after having received the non- binding opinions referred to in Article 18(4), take a fully reasoned decision granting or refusing authorisation to the applicant issuer and, and, within 5 working days, notify that decision to applicant issuers. Where an applicant issuer is authorised, its crypto-asset white paper shall be deemed to be approved.
2021/06/03
Committee: ECON
Amendment 445 #

2020/0265(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c
(c) the applicant issuer’s business model may pose a serious threat to financial stability, monetary policy transmission or monetary sovereignty provided, however, that the competent authority shall act in accordance with the opinion of the ECB or the national central bank of issue of the relevant Union currency as regards the conduct of monetary policy and the promotion of the smooth operation of payment systems.
2021/06/03
Committee: ECON
Amendment 457 #

2020/0265(COD)

Proposal for a regulation
Article 21 – paragraph 3 – point b
(b) take any appropriate corrective measures to ensure financial stability. and the proper conduct of monetary policy and the promotion of the smooth operation of payment systems, after having requested and obtained a binding opinion from the ECB and/or the relevant central banks of Member States the currency of which is not the euro, provided, however, that the competent authorities shall act in accordance with such opinions as regards the conduct of monetary policy and the promotion of the smooth operation of payment systems.’
2021/06/03
Committee: ECON
Amendment 460 #

2020/0265(COD)

Proposal for a regulation
Article 23 a (new)
Article 23a Payment asset referenced tokens 1. Issuers of Payment asset referenced tokens (Payment ART) are subject to the rules and requirements set out in Title IV of this Regulation unless provided otherwise in this article. 2. Payment ART shall not be deemed to be ‘electronic money’ as defined in Article 2(2) of Directive2009/110/EC. 3. Each unit of Payment ART created shall be pledged at par value with an official currency unit of an EU member state. 4. Issuers of Payment ART shall issue Payment ART at par value and on the receipt of funds within the meaning of Article 4(25) of Directive 2015/2366. 5. Holders of Payment ART are entitled to claim redemption at any moment and at par value, of the monetary value of the Payment ART held, either in cash or by credit transfer. 6. Issuers of Payment ART shall prominently state the conditions of redemption in the crypto-asset white paper as referred to in Article 46. 7. Where the issuer of a Payment ART token does not fulfil legitimate redemption requests from holders of Payment ART within 30 days, the holder is entitled to claim redemption to any following third party entities that has been in contractual arrangements with issuers of Payment ART: (a) entities ensuring the safeguarding of funds received by issuers of Payment ART in exchange Payment ART in accordance with Article 7 of Directive 2009/110/EC; (b) any natural or legal persons in charge of distributing e-money tokens on behalf of issuers of e-money tokens.
2021/06/03
Committee: ECON
Amendment 462 #

2020/0265(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point d
(d) the marketing communications shall clearly state that a crypto-asset white paper has been published and indicate the address of the website of the issuer of the crypto-assets, as well as an email address and a telephone number of the issuer.
2021/06/03
Committee: ECON
Amendment 463 #

2020/0265(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. Where no direct claim or redemption right has been granted to all the holders of asset-referenced tokens, the marketing communications shall contain a clear and unambiguous statement that all the holders of the asset-referenced tokens do not have a claim on the reserve assets or cannot redeem those reserve assets with the issuer at any time.deleted
2021/06/03
Committee: ECON
Amendment 467 #

2020/0265(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. Issuers of asset-referenced tokens shall as soon as possible andnot later than 10 working days of the completing of the audit in a clear, accurate and transparent manner disclose on their website the outcome of the audit of the reserve assets referred to in Article 32.
2021/06/03
Committee: ECON
Amendment 474 #

2020/0265(COD)

Proposal for a regulation
Article 28 – paragraph 1 –subparagraph 1 – point d
(d) any natural persons who either own, directly or indirectly, more than 205% of the asset-backed crypto-asset issuer's share capital or voting rights, or who exercise, by any other means, a power of control over the said issuer;
2021/06/03
Committee: ECON
Amendment 475 #

2020/0265(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Issuers of asset-referenced tokens shall disclose to the holders of their asset- referenced tokens and to the competent authority the general nature and sources of conflicts of interest and the steps taken to mitigate them.
2021/06/03
Committee: ECON
Amendment 479 #

2020/0265(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. Natural persons who either own, directly or indirectly, more than 205% of the share capital or voting rights of issuers of asset-referenced tokens, or who exercise, by any other means, a power of control over such issuers shall have the necessary good repute and competence.
2021/06/03
Committee: ECON
Amendment 481 #

2020/0265(COD)

Proposal for a regulation
Article 30 – paragraph 5 – subparagraph 1 – point c
(c) the rights or the absence of rights granted to the holders of asset-referenced tokens, as specified in Article 35;
2021/06/03
Committee: ECON
Amendment 487 #

2020/0265(COD)

Proposal for a regulation
Article 30 – paragraph 12 –subparagraph 1 – introductory part
12. The EBA, in close cooperation with ESMA and the ESCB, shall develop draft regulatory technical standards specifying the minimum content of the governance arrangements on:
2021/06/03
Committee: ECON
Amendment 494 #

2020/0265(COD)

Proposal for a regulation
Article 31 – paragraph 3 – introductory part
3. Competent authorities of the home Member States may require issuers of asset-referenced tokens to hold an amount of own funds which is up to 20 % higher than the amount resulting from the application of paragraph 1, point (b), or permit such issuers to hold an amount of own funds which is up to 20 % lower than the amount resulting from the application of paragraph 1, point (b), where an assessment of the following indicates a higher or a lower degree of risk:
2021/06/03
Committee: ECON
Amendment 496 #

2020/0265(COD)

Proposal for a regulation
Article 31 – paragraph 3 a (new)
3a. Without prejudice to the provisions under paragraph 3, issuers of asset- referenced tokens shall conduct, on a regular basis, stress testing that shall take into account severe but plausible financial (such as interest rate shocks stress scenarios, and nonfinancial such as operational risk) stress scenarios. Based on the outcome of such stress tests, the competent authorities of the home Member States will require issuers of asset-referenced tokens to hold an amount of own funds which is above 20 % higher than the amount resulting from the application of paragraph 1, point (b) in certain circumstances given the risk outlook and stress test results.
2021/06/03
Committee: ECON
Amendment 498 #

2020/0265(COD)

Proposal for a regulation
Article 31 – paragraph 4 – subparagraph 1 – point c
(c) the criteria for requiring higher own funds or for allowing lower own funds, as set out in paragraph 3.
2021/06/03
Committee: ECON
Amendment 500 #

2020/0265(COD)

Proposal for a regulation
Article 31 – paragraph 4 – point c a (new)
(ca) the common reference parameters of the stress test scenarios to be included in the stress tests in accordance with paragraph 3a.The draft regulatory technical standards should be updated periodically taking into account the latest market developments;
2021/06/03
Committee: ECON
Amendment 506 #

2020/0265(COD)

Proposal for a regulation
Article 32 – paragraph 1 a (new)
1a. The reserve shall be insulated in accordance with national law in the interest of the holders of the asset- referenced token against the claims of other creditors on the issuer, in particular in the event of insolvency. The reserve shall be composed and managed so as to cover at all times the risks associated to the claims on the issuer from holders of the asset-referred token.
2021/06/03
Committee: ECON
Amendment 509 #

2020/0265(COD)

Proposal for a regulation
Article 32 – paragraph 4 – point c
(c) contain a detailed assessment of the risks, including credit risk, market risk, concentration risk and liquidity risk resulting from the reserve assets;
2021/06/03
Committee: ECON
Amendment 510 #

2020/0265(COD)

Proposal for a regulation
Article 32 – paragraph 4 – point g
(g) describe the procedure to purchase asset-referenced tokens and to redeem such tokens against the reserve assets, and list the persons or categories of persons who are entitled to do so.
2021/06/03
Committee: ECON
Amendment 514 #

2020/0265(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point d a (new)
(da) concentration risks in the custody of reserve assets are avoided.
2021/06/03
Committee: ECON
Amendment 517 #

2020/0265(COD)

Proposal for a regulation
Article 33 – paragraph 7 – introductory part
7. The credit institutions and crypto- asset service providers that have been appointed as custodians in accordance with paragraph 3 shall not carry out other activities with regard to issuers of asset-referenced tokens that may create conflicts of interest between those issuers, the holders of the asset-referenced tokens, and themselves unless all of the following conditions have been complied with: referenced tokens.
2021/06/03
Committee: ECON
Amendment 518 #

2020/0265(COD)

Proposal for a regulation
Article 33 – paragraph 7 – point a
(a) the credit institutions or the crypto-asset service providers have functionally and hierarchically separated the performance of their custody tasks from their potentially conflicting tasks;deleted
2021/06/03
Committee: ECON
Amendment 519 #

2020/0265(COD)

Proposal for a regulation
Article 33 – paragraph 7 – point b
(b) the potential conflicts of interest have been properly identified, managed, monitored and disclosed by the issuer of the asset-referenced tokens to the holders of the asset-referenced tokens, in accordance with Article 28.deleted
2021/06/03
Committee: ECON
Amendment 522 #

2020/0265(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. Issuers of asset-referenced tokens that invest a part of the reserve assets shall invest those reserve assets only in highly liquid financial instruments with minimal market and credit, credit and concentration risk. The investments shall be capable of being liquidated rapidly with minimal adverse price effect.
2021/06/03
Committee: ECON
Amendment 525 #

2020/0265(COD)

Proposal for a regulation
Article 34 – paragraph 4 –subparagraph 1 – point c a (new)
(ca) liquidity requirements establishing which percentage of the reserve assets should be comprised of daily maturing assets, reverse repurchase agreements which are able to be terminated by giving one working day's prior notice or cash which is able to be withdrawn by giving one day's prior notice;
2021/06/03
Committee: ECON
Amendment 528 #

2020/0265(COD)

Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point c b (new)
(cb) liquidity requirements establishing which percentage of the reserve assets should be comprised of weekly maturing assets, reverse repurchase agreements which are able to be terminated by giving 5 working days' prior notice or cash which is able to be withdrawn by giving 5 working days' prior notice;
2021/06/03
Committee: ECON
Amendment 531 #

2020/0265(COD)

Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point c c (new)
(cc) concentrating requirements preventing the issuer from investing more than a certain percentage of assets issued by a single body;
2021/06/03
Committee: ECON
Amendment 533 #

2020/0265(COD)

Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point c d (new)
(cd) concentration requirements preventing the issuer from keeping in custody more than a percentage of crypto assets or assets with crypto assets service providers or credit institutions which belong to the same group, as defined in art 2(11) of directive 2013/34/EU of the European Parliament and the Council;
2021/06/03
Committee: ECON
Amendment 538 #

2020/0265(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. Issuers of asset-referenced tokens shall establish, maintain and implement clear and detailed policies and procedures on the rights granted to holders of asset- referenced tokens, including any direct claim or redemption rights on the issuer of those asset-referenced tokens or on the reserve assets.deleted
2021/06/03
Committee: ECON
Amendment 547 #

2020/0265(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where holders of asset-referenced tokens are granted rights as referred to in paragraph 1, issuers of asset-referenced tokens shall establish a policy setting out: (a) the conditions, including thresholds, periods and timeframes, for holders of asset-referenced tokens to exercise those rights; (b) the mechanisms and procedures to ensure the redemption of the asset- referenced tokens, including in stressed market circumstances, in case of an orderly wind-down of the issuer of asset- referenced tokens as referred to in Article 42, or in case of a cessation of activities by such issuer; (c) the valuation, or the principles of valuation, of the asset-referenced tokens and of the reserve assets when those rights are exercised by the holder of asset- referenced tokens; (d) the settlement conditions when those rights are exercised; (e) the fees applied by the issuers of asset- referenced tokens when the holders exercise those rights. The fees referred to in point (e) shall be proportionate and commensurate with the actual costs incurred by the issuers of asset-referenced tokens.deleted
2021/06/03
Committee: ECON
Amendment 574 #

2020/0265(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. Where issuers of asset-referenced tokens do not grant rights as referred to in paragraph 1 to all the holders of asset- referenced tokens, the detailed policies and procedures shall specify the natural or legal persons that are provided with such rights. The detailed policies and procedures shall also specify the conditions for exercising such rights and the obligations imposed on those persons. Issuers of asset-referenced tokens shall establish and maintain appropriate contractual arrangements with those natural or legal persons who are granted such rights. Those contractual arrangements shall precisely set out the roles, responsibilities, rights and obligations of the issuers of asset- referenced tokens and each of those natural or legal persons. A contractual arrangement with cross-jurisdictional implications shall provide for an unambiguous choice of law.deleted
2021/06/03
Committee: ECON
Amendment 580 #

2020/0265(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. Issuers of asset-referenced tokens that do not grant rights as referred to in paragraph 1 to all the holders of such asset-referenced tokens shall put in place mechanisms to ensure the liquidity of the asset-referenced tokens. For that purpose, they shall establish and maintain written agreements with crypto-asset service providers authorised for the crypto-asset service referred to in Article 3(1) point (12). The issuer of asset-referenced tokens shall ensure that a sufficient number of crypto-asset service providers are required to post firm quotes at competitive prices on a regular and predictable basis. Where the market value of asset- referenced tokens varies significantly from the value of the reference assets or the reserve assets, the holders of asset- referenced tokens shall have the right to redeem the crypto-assets from the issuer of crypto-assets directly. In that case, any fee applied for such redemption shall be proportionate and commensurate with the actual costs incurred by the issuer of asset-referenced tokens. The issuer shall establish and maintain contractual arrangements to ensure that the proceeds of the reserve assets are paid to the holders of asset-referenced tokens, where the issuer decides to stop operating or where it has been placed under an orderly wind-down, or when its authorisation has been withdrawn.deleted
2021/06/03
Committee: ECON
Amendment 588 #

2020/0265(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The EBA shall, in close cooperation with ESMA, develop draft regulatory technical standards specifying: (a) the obligations imposed on the crypto- asset service providers ensuring the liquidity of asset-referenced tokens as set out in the first subparagraph of paragraph 4; (b) the variations of value triggering a direct right of redemption from the issuer of asset-referenced tokens as set out in the second subparagraph of paragraph 4, and the conditions for exercising such a right. EBA shall submit those draft regulatory technical standards to the Commission by ... [please insert 12 months after the date of entry into force of this Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.deleted
2021/06/03
Committee: ECON
Amendment 600 #

2020/0265(COD)

Proposal for a regulation
Article 35 a (new)
Article 35a 1. Holders of asset-referenced tokens shall be provided with a claim on the issuer of such asset-referenced tokens or on the reserve assets. Any asset- referenced token that does not provide all holders with a claim shall be prohibited. Issuers of asset-referenced tokens shall establish a policy setting out: (a) the conditions, including thresholds, periods and timeframes, for holders of asset-referenced tokens to exercise those rights; (b) the mechanisms and procedures to ensure the redemption of the asset- referenced tokens, including in stressed market circumstances, in case of an orderly wind-down of the issuer of asset- referenced tokens as referred to in Article 42, or in case of a cessation of activities by such issuer; (c) the valuation, or the principles of valuation, of the asset-referenced tokens and of the reserve assets when those rights are exercised by the holder of asset- referenced tokens; (d) the settlement conditions when those rights are exercised.
2021/06/03
Committee: ECON
Amendment 609 #

2020/0265(COD)

Proposal for a regulation
Article 39 – paragraph 1 – introductory part
1. The EBA shall classify asset- referenced tokens as significant asset- referenced tokens on the basis of the following criteria, as specified in accordance with paragraph 6 and where at least threewo of the following criteria are met:
2021/06/03
Committee: ECON
Amendment 658 #

2020/0265(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. Issuers of significant asset- referenced tokens shall assess and monitor the liquidity needs to meet redemption requests or the exercise of rights, as referred to in Article 34, by holders of asset-referenced tokens. For that purpose, issuers of significant asset-referenced tokens shall establish, maintain and implement a liquidity management policy and procedures. That policy and those procedures shall ensure that the reserve assets have a resilient liquidity profile that enable issuer of significant asset- referenced tokens to continue operating normally, including under liquidity stressed scenarios. Issuers of significant asset-referenced tokens shall also conduct liquidity stress testing, on a regular basis, and depending on the outcome of such tests, the EBA may decide to strengthen liquidity risk requirements. Where an issuer of significant asset-referenced tokens offers two or more categories of crypto-asset tokens and/or provides crypto asset services, these stress tests shall cover all of these activities in a comprehensive and holistic manner.’ .
2021/06/03
Committee: ECON
Amendment 661 #

2020/0265(COD)

Proposal for a regulation
Article 41 – paragraph 4
4. The percentage referred to in Article 31(1), point (b), shall be set at 3 % of the average amount of the reserve assets for issuers of significant asset-referenced tokens. In addition, issuers of significant asset-referenced tokens shall conduct, on a regular basis, stress testing that shall take into account severe but plausible financial (such as interest rate shocks) stress scenarios and non-financial(such as operational risk) stress scenarios. Where an issuer of significant asset referenced tokens offers two or more categories of crypto-asset tokens and/or provides crypto-asset services, these stress tests shall cover all of these activities in a comprehensive and holistic manner. Based on the outcome of such stress tests, the EBA where relevant, may impose additional own funds requirements on top of the 3%requirement.
2021/06/03
Committee: ECON
Amendment 666 #

2020/0265(COD)

Proposal for a regulation
Article 41 – paragraph 6 a (new)
6a. The EBA, in close cooperation with ESMA, shall issue guidelines with a view to establishing the common reference parameters of the stress test scenarios to be included in the stress tests in accordance with paragraphs 3 and 4. The guidelines should be updated periodically taking into account the latest market developments.’
2021/06/03
Committee: ECON
Amendment 669 #

2020/0265(COD)

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) does not have a parent undertaking, or a subsidiary, that is established in: i)a third country which is listed as a high- risk third country that has strategic deficiencies in its regime on anti-money laundering and counter terrorist financing, in accordance with Article 9 of Directive (EU) 2015/849 of the European Parliament and of the Council; ii)a third country that is listed in Annex I or annex II of the EU list of non- cooperative jurisdictions for tax purposes; iii) third jurisdictions with a 0 % corporate tax rate or with no taxes on companies’ profits.
2021/06/03
Committee: ECON
Amendment 670 #

2020/0265(COD)

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) issues electronic money tokens which are generated through ‘proof of stake’ mechanisms.
2021/06/03
Committee: ECON
Amendment 674 #

2020/0265(COD)

Proposal for a regulation
Article 43 – paragraph 2
2. Paragraph 1 shall not apply to: (a) e-money tokens that are marketed, distributed and held by qualified investors and can only be held by qualified investors; (b) if the average outstanding amount of e-money tokens does not exceed EUR 5 000 000, or the corresponding equivalent in another currency, over a period of 12 months, calculated at the end of each calendar day. For the purpose of point (b), where the Member State has set a threshold lower than EUR 5 000 000 in accordance with Article 9 (1)(a) of Directive 2009/110/EC, such a threshold shall apply. In the case referred to in points (a) and (b), the issuers of electronic money tokens shall produce a crypto-asset white paper and notify such crypto-asset white paper to the competent authority in accordance with Article 46.deleted
2021/06/03
Committee: ECON
Amendment 690 #

2020/0265(COD)

Proposal for a regulation
Article 44 – paragraph 5
5. Issuers of e-money tokens shall prominently state the conditions of redemption, including any fees relating thereto, in the crypto-asset white paper as referred to in Article 46. Issuers will also refrain from issuing crypto-assets on a protocol that uses a proof-of-work mechanism.
2021/06/03
Committee: ECON
Amendment 710 #

2020/0265(COD)

Proposal for a regulation
Article 46 – paragraph 2 – point e
(e) the information on the underlying technology and standards met by the issuer of e-money tokens allowing for the holding, storing and transfer of such e- money tokens; as well as the guarantee that these tokens are not generated by a proof of work mechanism.
2021/06/03
Committee: ECON
Amendment 715 #

2020/0265(COD)

Proposal for a regulation
Article 46 – paragraph 2 – point g a (new)
(ga) information on the validation mechanism or consensus process, namely how the e-money token is generated through “proof of stake” mechanisms
2021/06/03
Committee: ECON
Amendment 716 #

2020/0265(COD)

Proposal for a regulation
Article 46 – paragraph 2 – point g b (new)
(gb) description of sustainability indicators in relation to adverse impacts on the climate and other environmental, social and governance-related adverse impacts related to the issuance of the e- money token
2021/06/03
Committee: ECON
Amendment 720 #

2020/0265(COD)

Proposal for a regulation
Article 46 – paragraph 7
7. The crypto-asset white paper shall be drawn up in at least one of the official languages of the home Member State orand in a language customary in the sphere of international finance.
2021/06/03
Committee: ECON
Amendment 728 #

2020/0265(COD)

Proposal for a regulation
Article 49
Funds received by issuers of e-money tokens in exchange of e-money tokens and that are invested in secure, low-risk assets in accordance with Article 7(2) of Directive 2009/110/EC shall be invested in assetshighly liquid financial instruments with minimal market and credit risks in accordance with Article 34(4) of this Regulation, instead of Article 7(2) of Directive2009/110/EC, denominated in the same currency as the one referenced by the e-money token.
2021/06/03
Committee: ECON
Amendment 732 #

2020/0265(COD)

Proposal for a regulation
Article 50 – paragraph 1
1. The EBA after consultation of the ECB and the relevant central banks of Member States whose currency is not the euro shall classify e-money tokens as significant e-money tokens on the basis of the criteria referred to in Article 39(1), as specified in accordance with Article 39(6), and where at least threewo of those criteria are met.
2021/06/03
Committee: ECON
Amendment 733 #

2020/0265(COD)

Proposal for a regulation
Article 50 – paragraph 2
2. Competent authorities of the issuer’s home Member State shall provide the EBA, the ECB and the relevant central banks of Member States whose currency is not the euro with information on the criteria referred to in Article 39(1) of this Article and specified in accordance with Article 39(6) on at least a yearly basis.
2021/06/03
Committee: ECON
Amendment 739 #

2020/0265(COD)

Proposal for a regulation
Article 50 – paragraph 3
3. Where the EBA, after consultation of the ECB and the relevant central banks of Member States whose currency is not the euro, is of the opinion that e-money tokens meet the criteria referred to in Article 39(1), as specified in accordance with Article 39(6), the EBA shall prepare a draft decision to that effect and notify that draft decision to the issuers of those e- money tokens and the competent authority of the issuer’s home Member State. The EBA shall give issuers of such e-money tokens and their competent authorities the opportunity to provide observations and comments in writing prior the adoption of its final decision. The EBA, after consultation of the ECB and the relevant central banks of Member States whose currency is not the euro, shall duly consider those observations and comments.
2021/06/03
Committee: ECON
Amendment 747 #

2020/0265(COD)

Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
2. Where, on the basis of the programme of operation, the EBA, after consultation of the ECB and the relevant central banks of Member States whose currency is not the euro, is of the opinion that the e-money tokens meet the criteria referred to in Article 39(1), as specified in accordance with Article 39(6), the EBA shall prepare a draft decision to that effect and notify that draft decision to the competent authority of the issuer or applicant issuer’s home Member State. The EBA shall give the competent authority of the issuer or applicant issuer’s home Member State the opportunity to provide observations and comments in writing prior the adoption of its final decision. The EBA, after consultation of the ECB and the relevant central banks of Member States whose currency is not the euro, shall duly consider those observations and comments.
2021/06/03
Committee: ECON
Amendment 751 #

2020/0265(COD)

Proposal for a regulation
Article 51 – paragraph 3 – subparagraph 1
3. Where, on the basis of the programme of operation, the EBA after consultation of the ECB and the relevant central banks of Member States whose currency is not the euro is of the opinion that the e-money tokens do not meet the criteria referred to in Article 39(1), as specified in accordance with Article 39(6), the EBA shall prepare a draft decision to that effect and notify that draft decision to the issuer or applicant issuer and the competent authority of the issuer or applicant issuer’s home Member State.
2021/06/03
Committee: ECON
Amendment 755 #

2020/0265(COD)

Proposal for a regulation
Article 51 – paragraph 4
4. 4. The EBA, after consultation of the ECB and the relevant central banks of Member States whose currency is not the euro, shall take its final decision on whether an e-money token is a significant e-money token within three months after the notification referred to in paragraph 1 and immediately notify the issuers or applicant issuer of such e-money tokens and their competent authorities thereof. The decision shall be immediately notified to the issuer or applicant issuer of e-money tokens and to the competent authority of its home Member State.
2021/06/03
Committee: ECON
Amendment 762 #

2020/0265(COD)

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1
1. Crypto-asset services shall only be provided by legal persons that have a registered office in a Member State of the Union and that have been authorised as crypto-asset service providers in accordance with Article 55crypto asset service providers as defined in art 3 par 1 point 8. These providers will have a registered office in a Member State of the Union and does not have a parent undertaking, or a subsidiary, that is established in (a) third country which is listed as a high- risk third country having strategic deficiencies in its regime on anti-money laundering and counter terrorist financing, in accordance with Article 9 of Directive (EU)2015/849; (aa) third country which is listed in Annex I *or Annex II* of the EU list of non- cooperative jurisdictions for tax purposes;” (aaa) third country jurisdictions with a 0 % corporate tax rate or with no taxes on companies’ profits. The crypto asset service providers have been authorised as crypto-asset service providers in accordance with Article 55 and will only provide services linked to crypto assets which are not generated by a proof of work mechanism.
2021/06/03
Committee: ECON
Amendment 766 #

2020/0265(COD)

Proposal for a regulation
Article 53 – paragraph 1 a (new)
1a. The ESMA shall require significant crypto-asset service providers who intend to provide crypto-asset services, to obtain authorisation before commencing the provision of crypto-asset services. ESMA shall ensure the supervision of the significant CASP in close cooperation with the competent authority of the home Member State. ESMA shall develop draft regulatory technical standards to determine the criteria to be taken account when assessing the significance of a CASP.
2021/06/03
Committee: ECON
Amendment 771 #

2020/0265(COD)

Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 2
Crypto-asset service providers that provide crypto-asset services on a cross-border basis shall not be required to have a physical presence in the territory of a host Member State.deleted
2021/06/03
Committee: ECON
Amendment 775 #

2020/0265(COD)

Proposal for a regulation
Article 54 – paragraph 1
1. Legal persons that intendIn order to be able to provide crypto- asset services shall apply for authorisation as a crypto-asset service provider, crypto-asset service providers as defined in art 3 par 1 point 8 will apply for authorisation to the competent authority of the Member State where they have their registered office.
2021/06/03
Committee: ECON
Amendment 778 #

2020/0265(COD)

Proposal for a regulation
Article 54 – paragraph 2 – point a
(a) the name, including the legal name and any other commercial name to be used, the legal entity identifier of the applicant crypto-asset service provider, the website operated by that provider, a contact email address, a contact telephone number and its physical address;
2021/06/03
Committee: ECON
Amendment 787 #

2020/0265(COD)

Proposal for a regulation
Article 54 – paragraph 2 – point f
(f) for all natural persons involved in the management body of the applicant crypto-asset service provider, and for all natural persons who, directly or indirectly, hold 205% or more of the share capital or voting rights, proof of the absence of a criminal record in respect of infringements of national rules in the fields of commercial law, insolvency law, financial services law, anti-money laundering law, counter-terrorism legislation, and professional liability obligations;
2021/06/03
Committee: ECON
Amendment 805 #

2020/0265(COD)

Proposal for a regulation
Article 54 – paragraph 2 – point p
(p) where the applicant crypto-asset service provider intends to exchange crypto-assets for fiat currency or crypto- assets for other crypto-assets, a description of the non-discriminatory commercial policy governing the relationship with clients as well as a description of the methodology for determining the price of the crypto assets they propose for exchange against funds or other crypto assets;
2021/06/03
Committee: ECON
Amendment 809 #

2020/0265(COD)

Proposal for a regulation
Article 54 – paragraph 2 – point r a (new)
(ra) a description of the applicant crypto assets service provider’s internal control mechanisms and procedures for compliance with Directive 2015/849 of the European Parliament and the Council as well as a description of the internal procedures to report on a regular basis crypto transactions to the competent tax authorities.
2021/06/03
Committee: ECON
Amendment 810 #

2020/0265(COD)

Proposal for a regulation
Article 54 – paragraph 3
3. Competent authorities shall not require an applicant crypto-asset service provider to provide any information they have already received pursuant to Directive 2009/110/EC, Directive 2014/65/EU, Directive 2015/2366/EU or national law applicable to crypto-asset services prior to the entry into force of this Regulation, provided that such information or documents are still up-to- date and are accessible to the competent authorities.deleted
2021/06/03
Committee: ECON
Amendment 814 #

2020/0265(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. Competent authorities shall, within 25 working days of receipt of the application referred to in Article 54(1), assess whether that application is complete by checking that the information listed in Article 54(2) has been submitted. Where the application is not complete, the authorities shall set a deadline by which the applicant crypto-asset service providers arewill have a maximum of 10 working days to provide the missing information.
2021/06/03
Committee: ECON
Amendment 816 #

2020/0265(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. Competent authorities mayshall refuse to review applications where such applications remain incomplete after the deadline referred to in paragraph 1.
2021/06/03
Committee: ECON
Amendment 836 #

2020/0265(COD)

Proposal for a regulation
Article 56 a (new)
Article 56a Provision of crypto-asset services at the exclusive initiative of the client 1. Whereas client established or situated in the Union initiates at its own exclusive initiative the provision of a crypto-asset service [or activity] by a third-country firm, the requirement for authorisation under Article 53 shall not apply to the provision of that service [or activity] by the third country firm to that person including a relationship specifically relating to the provision of that service or activity. Without prejudice to intragroup relations, where a third‐country firm, including through an entity acting on its behalf or having close links with such third‐country firm or any other person acting on behalf of such entity, solicits clients or potential clients in the Union, regardless of the means of communication used for solicitation, promotion or advertising in the Union, it shall not be deemed to be a service provided at the own exclusive initiative of the client. The presumption of the second subparagraph shall apply regardless of any contractual clause or disclaimer purporting to state, for example, that the third country firm will be deemed to respond to the exclusive initiative of the client 2. An initiative by a client as referred to in paragraph 1 shall not entitle the third‐country firm to market new categories of crypto-asset services.
2021/06/03
Committee: ECON
Amendment 840 #

2020/0265(COD)

Proposal for a regulation
Article 57 – paragraph 2 – point b
(b) the commercial name, physical address, email address and telephone number of the crypto-asset service provider and website of the crypto-asset service provider or the trading platform for crypto-assets operated by the crypto-asset service provider;
2021/06/03
Committee: ECON
Amendment 841 #

2020/0265(COD)

Proposal for a regulation
Article 57 – paragraph 2 – point c
(c) the name and address of the competent authority which granted authorisation and its contact details, including an email address as well as telephone number towards the single point of contact in charge of questions and problems around crypto asset service providers;
2021/06/03
Committee: ECON
Amendment 842 #

2020/0265(COD)

Proposal for a regulation
Article 59 – paragraph 3
3. Crypto-asset service providers shall warn clients of risks associated with purchasing crypto-assets, in particular the significant price volatility of crypto-assets, combined with the inherent difficulties of valuing crypto-assets reliably. They should further warn clients explicitly that by investing in these types of product, they should be prepared to lose all their money.
2021/06/03
Committee: ECON
Amendment 859 #

2020/0265(COD)

Proposal for a regulation
Article 60 – paragraph 4 – introductory part
4. The insurance policy referred to in paragraph 2 shall be disclosed to the public through the crypto asset service provider's website and shall have at least all of the following characteristics:
2021/06/03
Committee: ECON
Amendment 860 #

2020/0265(COD)

Proposal for a regulation
Article 60 – paragraph 4 – point d
(d) it is provided by a third-party entity without any corporate link with the crypto asset service provider.
2021/06/03
Committee: ECON
Amendment 865 #

2020/0265(COD)

Proposal for a regulation
Article 60 – paragraph 6
6. For the purposes of paragraph 1 point (b), crypto-asset service providers shall calculate their fixed overheads for the preceding year, using figures resulting from the applicable accounting framework, by subtracting the following items from the total expenses after distribution of profits to shareholders in their most recently audited annual financial statements or, where audited statements are not available, in annual financial statements validated by national supervisors: (a) staff bonuses and other remuneration, to the extent that those bonuses and that remuneration depend on a net profit of the crypto-asset service providers in the relevant year; (b) employees', directors' and partners' shares in profits; (c) other appropriations of profits and other variable remuneration, to the extent that they are fully discretionary; (d) non-recurring expenses from non- ordinary activities.deleted
2021/06/03
Committee: ECON
Amendment 866 #

2020/0265(COD)

Proposal for a regulation
Article 60 – paragraph 6 a (new)
6a. For the purposes of paragraph 1 point (b), crypto-asset service providers shall calculate their fixed overheads for the preceding year, using figures resulting from the applicable accounting framework.
2021/06/03
Committee: ECON
Amendment 870 #

2020/0265(COD)

Proposal for a regulation
Article 61 – paragraph 2
2. Natural persons who either own, directly or indirectly, more than 205% of the crypto-asset service provider's share capital or voting rights, or who exercise, by any other means, a power of control over the said crypto-asset service provider shall provide evidence that they have the necessary good repute and competence.
2021/06/03
Committee: ECON
Amendment 876 #

2020/0265(COD)

Proposal for a regulation
Article 61 – paragraph 7 – subparagraph 1
7. Crypto-asset service providers shall have internal control mechanisms and effective procedures for risk assessment, including effective control and safeguard arrangements for managing ICT systems in accordance with Regulation (EU) 2021/xx of the European Parliament and of the Council.65 as well as effective procedures to comply with the obligations in relation to money laundering and terrorist financing under Directive (EU) 2015/849 of the European Parliament and of the Council. They shall monitor and, on a regular basis, evaluate the adequacy and effectiveness of internal control mechanisms and procedures for risk assessment and take appropriate measures to address any deficiencies. _________________ 65 Proposal for a Regulation of the European Parliament and the Council on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014 and (EU) No 909/2014 - COM(2020)595.
2021/06/03
Committee: ECON
Amendment 887 #

2020/0265(COD)

Proposal for a regulation
Article 62
Crypto-asset service providers shall notify, with a period of maximum 5 working days, their competent authority of any changes to their management body and shall provide their competent authority with all the necessary information to assess compliance with Article 61.
2021/06/03
Committee: ECON
Amendment 891 #

2020/0265(COD)

Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1
3. Crypto-asset service providers shall, promptly place any client’s funds, with a central bank or a credit institutionredit institution or, where the relevant eligibility criteria and conditions for opening an account are met, a central bank.
2021/06/03
Committee: ECON
Amendment 894 #

2020/0265(COD)

Proposal for a regulation
Article 64 – paragraph 4
4. Crypto-assets service providers shall investigate all complaints in a timely and fair manner,fair manner and within 3 working days after reception of the complaint. The crypto asset service provider will notify a reference number of the complaint to the client and communicate the outcome of such investigations to their clients within a reasonable period of time not going beyond 25 working days.
2021/06/03
Committee: ECON
Amendment 898 #

2020/0265(COD)

Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
2. Crypto-asset service providers shall disclose to their clients and, potential clients the generaland the competent authority the specific nature and sources of conflicts of interest and the steps taken to mitigate them.
2021/06/03
Committee: ECON
Amendment 900 #

2020/0265(COD)

Proposal for a regulation
Article 65 – paragraph 4
4. Crypto-asset service providers shall assess and at least annually review, their policy on conflicts of interest and take all appropriate measures to address any deficiencies and communicate them to the competent authority.
2021/06/03
Committee: ECON
Amendment 901 #

2020/0265(COD)

Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1 – point e
(e) crypto-asset service providers retain the expertise and resources necessary for evaluating the quality of the services provided, for supervising the outsourced services effectively and for managing the risks associated with the outsourcing on an ongoing basis and shall provide proof of this expertise and resource to the competent authority before the outsourcing starts.;
2021/06/03
Committee: ECON
Amendment 902 #

2020/0265(COD)

Proposal for a regulation
Article 66 – paragraph 3
3. Crypto-asset service providers shall enter into a written agreement with any third parties involved in outsourcing. That written agreement, a copy of which will be transferred to the competent authority of the crypto asset service providers at the beginning of the outsourcing relation, shall specify the rights and obligations of both the crypto-asset service providers and of the third parties concerned, and shall allow the crypto-asset service providers concerned to terminate that agreement.
2021/06/03
Committee: ECON
Amendment 903 #

2020/0265(COD)

Proposal for a regulation
Article 66 – paragraph 4
4. Crypto-asset service providers and third parties shall, upon request, make available to the competent authorities and the relevant authorities all information necessary to enable those authorities to assess compliance of the outsourced activities with the requirements of this Title.
2021/06/03
Committee: ECON
Amendment 915 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 1 – introductory part
1. Crypto-asset service providers will be authorised for the operation of a trading platform for crypto-assets provided they have set up a partnership with a credit institution which has opened real-name bank accounts for their customers. Crypto-asset service providers that are authorised for the operation of a trading platform for crypto-assets shall lay down operating rules for the trading platform. These operating rules shall at least:
2021/06/03
Committee: ECON
Amendment 917 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 2
For the purposes of point (a), the operating rules shall clearly state that a crypto-asset shall not be admitted to trading on the trading platform, where a crypto-asset white paper has not been published, unless such a or where the crypto- asset benefits from the exemption set out in Articles 4(2).provider is not connected to an open real-name bank account
2021/06/03
Committee: ECON
Amendment 918 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 4
The operating rules of the trading platform for crypto-assets shall prevent the admission to trading of crypto-assets which have inbuilt anonymisation function unless the holders of the crypto-assets and their transaction history can be identified by the crypto-asset service providers that are authorised for the operation of a trading platform for crypto-assets or by competent authorities.
2021/06/03
Committee: ECON
Amendment 921 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 2
2. These operating rules referred to in paragraph 1 shall be drafted in one of the official languages of the home Member States orand in another language that is customary in the sphere of finance. Those operating rules shall be made public on the website of the crypto-asset service provider concerned.
2021/06/03
Committee: ECON
Amendment 922 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 4 – point e a (new)
(ea) prevent and detect insider dealing, market manipulation and attempted insider dealing and market manipulation.
2021/06/03
Committee: ECON
Amendment 927 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 10 a (new)
10a. Crypto-asset service providers that are authorised for the operation of a trading platform for crypto-assets whose annual revenue is above a threshold set by the ESMA shall report complete and accurate details of transactions in crypto- assets traded on its platform to the competent authority as quickly as possible, and no later than the close of the following working day.
2021/06/03
Committee: ECON
Amendment 929 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 10 b (new)
10b. Crypto-asset service providers that are authorised for the operation of a trading platform for crypto-assets whose annual revenue is below the threshold mentioned in paragraph 12 shall keep at the disposal of the competent authority, for at least five years, complete and accurate details of transactions in crypto- assets traded on its platform.
2021/06/03
Committee: ECON
Amendment 931 #

2020/0265(COD)

Proposal for a regulation
Article 68 – paragraph 10 c (new)
10c. Crypto-asset service providers that are authorised for the operation of a trading platform for crypto-assets shall keep at the disposal of the competent authority, for at least five years, the relevant data relating to all orders in crypto-assets which are advertised through their systems. The records shall contain the relevant data that constitute the characteristics of the order, including those that link an order with the executed transaction(s) that stems from that order and the details of which shall be reported or kept at the disposal of the competent authority in accordance with paragraphs 11 and 12.
2021/06/03
Committee: ECON
Amendment 935 #

2020/0265(COD)

Proposal for a regulation
Article 70 – paragraph 1
1. Crypto-asset service providers that are authorised to execute orders for crypto- assets on behalf of third parties shall take all necessary steps to obtain, when executing orders, the best possible result for their clients taking into account the best execution factors of price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order, unless the crypto-asset service provider concerned executes orders for crypto-assets following specific instructions given by its clients. Where a crypto-asset service provider executes an order on behalf of a retail client, the best possible result shall be determined in terms of the total consideration, representing the price of the crypto-assets and the costs relating to execution, which shall include all expenses incurred by the client which are directly relating to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order.
2021/06/03
Committee: ECON
Amendment 937 #

2020/0265(COD)

Proposal for a regulation
Article 70 – paragraph 1
1. Crypto-asset service providers that are authorised to execute orders for crypto- assets on behalf of third parties shall take all necessary steps to obtain, when executing orders, the best possible result for their clients taking into account the best execution factors of price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order, unless the crypto-asset service provider concerned executes orders for crypto-assets following specific instructions given by its clients. Where a crypto-asset service provider executes an order on behalf of a retail client, the best possible result shall be determined in terms of the total consideration, representing the price of the crypto-assets and the costs relating to execution, which shall include all expenses incurred by the client which are directly relating to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order.
2021/06/03
Committee: ECON
Amendment 939 #

2020/0265(COD)

Proposal for a regulation
Article 70 – paragraph 3
3. Crypto-asset service providers that are authorised to execute orders for crypto- assets on behalf of third parties shall provide appropriate and clear information to their clients on their order execution policy and any significant change to it.ask the client or potential client to provide information regarding that person’s knowledge and experience in crypto- assets, the client’s objectives, risk tolerance, financial situation including the ability to bear losses, and basic understanding of risks involved in purchasing crypto-assets so as to enable the crypto-asset service provider to assess whether the crypto-asset envisaged is appropriate for the client. Where the crypto-asset service provider considers, on the basis of the information received under the first subparagraph, that the crypto-asset is not appropriate to the client or potential client, it shall warn the client or potential client
2021/06/03
Committee: ECON
Amendment 941 #

2020/0265(COD)

Proposal for a regulation
Article 70 – paragraph 3 a (new)
3a. Crypto-asset service providers that are authorised to execute orders for crypto-assets on behalf of third parties shall ask the client or potential client to provide information regarding that person’s knowledge and experience in crypto-assets, the client’s objectives, risk tolerance, financial situation including the ability to bear losses, and basic understanding of risks involved in purchasing crypto-assets so as to enable the crypto-asset service provider to assess whether the crypto-asset envisaged is appropriate for the client. Where the crypto-asset service provider considers, on the basis of the information received under the first subparagraph, that the crypto-asset is not appropriate to the client or potential client, it shall warn the client or potential client.
2021/06/03
Committee: ECON
Amendment 943 #

2020/0265(COD)

Proposal for a regulation
Article 71 – paragraph 2 – point b a (new)
(ba) c. incentives paid by the issuer to the crypto asset service provider.
2021/06/03
Committee: ECON
Amendment 947 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 1
1. Crypto-asset service providers that are authorised to provide advice on crypto- assets shall assess whether compatibility of such crypto-assets with the needs of the clients and recommend them only when this is in the interest of the clientrypto-asset services or crypto-assets are suitable for the clients, considering the clients’ knowledge and experience in crypto- assets, objectives and ability to bear losses.
2021/06/03
Committee: ECON
Amendment 949 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 1
1. Crypto-asset service providers that are authorised to provide advice on crypto- assets shall assess the compatibility of such crypto-assets with the needs of the clients and recommend them only when this is in the interest of the clientrequirements and preferences of the client or potential client and recommend them only when they are suitable for the client or potential client and, in particular, are in accordance with his or her risk tolerance and ability to bear losses.
2021/06/03
Committee: ECON
Amendment 951 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 1 a (new)
1a. Crypto-asset service providers that are authorised to provide advice on crypto-assets shall in good time before providing advice on crypto-assets inform potential clients: (a) whether or not the advice is provided on an independent basis; (b) whether the advice is based on a broad or on a more restricted analysis of different crypto-assets and, in particular, whether the range is limited to crypto- assets issued or offered by entities having close links with the crypto-asset service provider or any other legal or economic relationships, such as contractual relationships, so close as to pose a risk of impairing the independent basis of the advice provided; Crypto-asset service providers shall also provide potential clients with information on all costs and associated charges, including the cost of advice, where relevant, the cost of crypto-assets recommended or marketed to the client and how the client may pay for it, also encompassing any third-party payments.
2021/06/03
Committee: ECON
Amendment 952 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 1 a (new)
1a. Crypto-asset service providers that are authorised to provide advice on crypto-assets shall in good time before providing advice on crypto-assets inform potential clients: (a) whether or not the advice is provided on an independent basis; (b) whether the advice is based on a broad or on a more restricted analysis of different crypto-assets and, in particular, whether the range is limited to crypto- assets issued or offered by entities having close links with the crypto-asset service provider or any other legal or economic relationships, such as contractual relationships, so close as to pose a risk of impairing the independent basis of the advice provided; Crypto-asset service providers shall also provide potential clients with information on all costs and associated charges, including the cost of advice, where relevant, the cost of crypto-assets recommended or marketed to the client and how the client may pay for it, also encompassing any third-party payments.
2021/06/03
Committee: ECON
Amendment 955 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 3 – subparagraph 1
3. For the purposes of the assessment referred to in paragraph 1, crypto-asset service providers that are authorised to provide advice on crypto-assets shall request information about the client or prospectiveotential client’s knowledge of, and experience in crypto-assets, the clients' objectives, financial situation including risk tolerance, financial situation including the ability to bear losses, and a basic understanding of risks involved in purchasing crypto-assets. Crypto-asset service providers that are authorised to provide advice on crypto-assets shall warn clients that, due to their nature, (a) the crypto-assets may lose their value in part or in full; (b) the crypto-assets may not always be transferable; (c) the crypto-assets may not be liquid; (d) the value of crypto-assets may fluctuate; (e) where applicable, public protection schemes protecting the value of crypto assets and public compensation schemes do not exist and crypto-assets are not covered by public investor compensation or deposit guarantee schemes.
2021/06/03
Committee: ECON
Amendment 957 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 3 a (new)
3a. For the purposes of the assessment referred to in paragraph 1, crypto-asset service providers that are authorised to provide advice on crypto-assets shall request information about the client or potential client’s knowledge of, and experience in crypto-assets, the clients' objectives, financial situation including risk tolerance, financial situation including the ability to bear losses, and basic understanding of risks involved in purchasing crypto-assets. Crypto-asset service providers that are authorised to provide advice on crypto- assets shall warn clients that, due to their nature, (a) the crypto-assets may lose their value in part or in full; (b) the crypto-assets may not always be transferable; (c) the crypto-assets may not be liquid; (d) the value of crypto-assets may fluctuate; (e) where applicable, public protection schemes protecting the value of crypto assets and public compensation schemes do not exist and crypto-assets are not covered by public investor compensation or deposit guarantee schemes.
2021/06/03
Committee: ECON
Amendment 958 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 4
4. Crypto-asset service providers that are authorised to provide advice on crypto- assets shall establish, maintain and implement policies and procedures to enable them to collect and assess all information necessary to conduct this assessment for each client. They shall take reasonable steps to ensure that the information collected about their clients or prospectiveotential clients is reliable.
2021/06/03
Committee: ECON
Amendment 960 #

2020/0265(COD)

Proposal for a regulation
Article 73 – paragraph 5
5. Where clients do not provide the information required pursuant to paragraph 4, or where crypto-asset service providers that are authorised to provide advice on crypto-assets consider, on the basis of the information received under paragraph 4, that the prospectiveotential clients or clients have insufficient knowledge, crypto-asset service providers that are authorised to provide advice on crypto-assets shall inform those clients or prospectiveotential clients that the crypto-assets or crypto-asset services may be inappropriatnot be suitable for them and issue them a warning on the risks associated with crypto-assets. That risk warning shall clearly state the risk of losing the entirety of the money invested or converted into crypto-assets. Clients shall expressly acknowledge that they have received and understood the warning issued by the crypto-asset service provider concerned.
2021/06/03
Committee: ECON
Amendment 961 #

2020/0265(COD)

(a) specify the clients’ demands and needrequirements and preferences;
2021/06/03
Committee: ECON
Amendment 975 #

2020/0265(COD)

Proposal for a regulation
Article 77 – paragraph 2
2. Issuers of crypto-assets may, on their own responsibility, delay disclosure to the public of inside information provided that all of the following conditions are met: (a) immediate disclosure is likely to prejudice the legitimate interests of the issuers; (b) delay of disclosure is not likely to mislead the public; (c) the issuers are able to ensure the confidentiality of that information.deleted
2021/06/03
Committee: ECON
Amendment 1008 #

2020/0265(COD)

Proposal for a regulation
Article 89 – paragraph 2
2. Where, despite the measures taken by the competent authority of the home Member State, the crypto-asset service provider or the issuer of crypto-assets persists in infringing this Regulation, the competent authority of the host Member State, after informing the competent authority of the home Member State, ESMA and where appropriate the EBA, shall take all appropriate measures in order to protect consumers and shall inform tlients of crypto assets service providers and holders of crypto assets in particular retail holders. This includes the possibility to prevent crypto asset service providers and issuers or offerors seeking admission to trading, to continue to conduct their activities. The Commission, ESMA and where appropriate the EBA, will be informed thereof without undue delay.
2021/06/03
Committee: ECON
Amendment 1009 #

2020/0265(COD)

Proposal for a regulation
Article 92 – paragraph 1 – subparagraph 1 – point b
(b) infringements of Articles 15 to 17 and 21, Articles 23 to 367 and Article 42;
2021/06/03
Committee: ECON
Amendment 1010 #

2020/0265(COD)

Proposal for a regulation
Article 92 – paragraph 1 – subparagraph 1 – point d
(d) infringements of Article 53, 56 and Articles 58 to 734;
2021/06/03
Committee: ECON
Amendment 1011 #

2020/0265(COD)

Proposal for a regulation
Article 92 – paragraph 2 – point c
(c) maximum administrative pecuniary sanctionfines of at least twice the amount of the profits gained or losses avoided because of the infringement where those can be determined;
2021/06/03
Committee: ECON
Amendment 1012 #

2020/0265(COD)

Proposal for a regulation
Article 92 – paragraph 3 – point d
(d) in the case of a legal person, maximum administrative pecuniary sanctionfines of at least 125% of the total annual turnover of that legal person according to the last available financial statements approved by the management body;
2021/06/03
Committee: ECON
Amendment 1013 #

2020/0265(COD)

Proposal for a regulation
Article 92 – paragraph 4 – point d
(d) in the case of a legal person, maximum administrative pecuniary sanctions of at least 125% of the total annual turnover of that legal person according to the last available financial statements approved by the management body;
2021/06/03
Committee: ECON
Amendment 1014 #

2020/0265(COD)

Proposal for a regulation
Article 92 – paragraph 6 – point f
(f) in the event of repeated infringements of Articles 78, 79 or 80, a permanent ban of any member of the management body of a crypto-asset service provider or any other natural person who is held responsible for the infringement, from exercising management functions in the sector of crypto-asset service providers;
2021/06/03
Committee: ECON
Amendment 1023 #

2020/0265(COD)

99 Colleges for issuers of significant asset-referenced tokens and significant e- money tokens
2021/06/03
Committee: ECON
Amendment 1130 #

2020/0265(COD)

Proposal for a regulation
Article 122 – paragraph 2 – point j a (new)
(ja) an assessment of the impact of this regulation on decentralised finance applications.
2021/06/03
Committee: ECON
Amendment 1131 #

2020/0265(COD)

Proposal for a regulation
Article 122 – paragraph 2 – point n
(n) a description of developments in business models and technologies in the crypto-asset market with a particular focus on the environmental impact of new technologies;
2021/06/03
Committee: ECON
Amendment 1133 #

2020/0265(COD)

Proposal for a regulation
Article 122 – paragraph 2 – point r
(r) the costs of complying with this Regulation for issuers of crypto-assets, other than asset-referenced tokens and e- money tokens as a percentage of the amount raised through crypto-asset issuances;, as well as the turn over and the total profits generated by issuers through these issuances in the period covered.
2021/06/03
Committee: ECON
Amendment 1134 #

2020/0265(COD)

Proposal for a regulation
Article 122 – paragraph 2 – point s
(s) the costs for crypto-asset service providers to comply with this Regulation as a percentage of their operational costs;, as well as the turn over and the total profits generated by these service providers, generated via these services in the period covered.
2021/06/03
Committee: ECON
Amendment 1135 #

2020/0265(COD)

Proposal for a regulation
Article 122 – paragraph 2 – point t
(t) the costs for issuers of issuers of asset-referenced tokens and issuers of e- money tokens to comply with this Regulation as a percentage of their operational costs; as well as the turn over and the total profits generated by these issuers through the issuances in the period covered.
2021/06/03
Committee: ECON
Amendment 1139 #

2020/0265(COD)

Proposal for a regulation
Article 123
1. Articles 4 to 14 shall not apply to crypto-assets, other than asset-referenced tokens and e-money tokens, which were offered to the public in the Union or admitted to trading on a trading platform for crypto-assets before [please insert date of entry into application]. 2. By way of derogation from this Regulation, crypto-asset service providers which provided their services in accordance with applicable law before [please insert the date of entry into application], may continue to do so until [please insert the date 18 months after the date of application] or until they are granted an authorisation pursuant to Article 55, whichever is sooner. 3. By way of derogation from Articles 54 and 55, Member States may apply a simplified procedure for applications for an authorisation which are submitted between the [please insert the date of application of this Regulation] and [please insert the date 18 months after the date of application] by entities that, at the time of entry into force of this Regulation, were authorised under national law to provide crypto-asset services. The competent authorities shall ensure that the requirements laid down in Chapters 2 and 3 of Title IV are complied with before granting authorisation pursuant to such simplified procedures. 4. The EBA shall exercise its supervisory responsibilities pursuant to Article 98 from the date of the entry into application of the delegated acts referred to in Article 39(6). 123 deleted Transitional measures
2021/06/03
Committee: ECON
Amendment 1148 #

2020/0265(COD)

Proposal for a regulation
Article 126 – paragraph 2
2. This Regulation shall apply from [please insert date 186 months after the date of entry into force].
2021/06/03
Committee: ECON
Amendment 1149 #

2020/0265(COD)

Proposal for a regulation
Article 126 – paragraph 3
3. However, the provisions laid down in Title III and Title IV shall apply from [please insert the date of the entry into force].deleted
2021/06/03
Committee: ECON
Amendment 1151 #

2020/0265(COD)

2. Except for issuers of asset- referenced tokens that are exempted from authorisation in accordance with Article 15(3), dDetails about the authorisation as an issuer of asset-referenced tokens and name of the competent authority which granted such an authorisation.
2021/06/03
Committee: ECON
Amendment 1154 #

2020/0265(COD)

Proposal for a regulation
Annex V – point 12
12. The issuer infringes Article 26(2) by not disclosing as soon as possible and/or, not later than 10 working days of the completing of the audit in a clear, accurate and transparent manner on their website the outcome of the audit of the reserve assets referred to in Article 32.
2021/06/03
Committee: ECON
Amendment 1155 #

2020/0265(COD)

Proposal for a regulation
Annex V – point 18
18. The issuer infringes Article 28(1), by not maintaining and implementing effective policies and procedures to prevent, identify, manage and disclose conflicts of interest between the issuer itself and its shareholders, the members of its management body, its employees, any natural persons who either own, directly or indirectly, more than 205% of the issuer's share capital or voting rights, or who exercise, by any other means, a power of control over the said issuer, the holders of significant asset-referenced tokens, any third party providing one of the functions as referred in Article 30(5), point (h), or any natural or legal person granted with a direct claim or a redemption right in accordance with Article 35(3).
2021/06/03
Committee: ECON
Amendment 1156 #

2020/0265(COD)

Proposal for a regulation
Annex V – point 29
29. Unless it has been permitted to hold a lower amount of own funds in accordance with Article 31(3), tThe issuer infringes Article 31(1) point (a) or 41(4) by not abiding, at all times, to the own funds requirement.
2021/06/03
Committee: ECON
Amendment 1157 #

2020/0265(COD)

Proposal for a regulation
Annex V – point 53
53. Where the issuer do not grant rights as referred to in Article 35(1) to all the holders of significant asset-referenced tokens, such an issuer infringes Article 35(3) by not establishing a policy specifying the natural or legal persons that are provided with such rights, or by not specifying the conditions for exercising such rights, or the obligations imposed on those persons.deleted
2021/06/03
Committee: ECON
Amendment 1158 #

2020/0265(COD)

Proposal for a regulation
Annex V – point 55
55. Where the issuer do not grant rights as referred to in Article 35(1) to all the holders of significant asset-referenced tokens, such an issuer infringes Article 35(4) by not putting in place a mechanism to ensure the liquidity of the significant asset-referenced tokens.deleted
2021/06/03
Committee: ECON
Amendment 1159 #

2020/0265(COD)

Proposal for a regulation
Annex V – point 63
63. The issuer infringes Article 41(3) by not establishing, maintaining or implementing a liquidity management policy and procedures or by not having policy and procedures that ensure that the reserve assets have a resilient liquidity profile that enables the issuer of significant asset-referenced tokens to continue operating normally, including under liquidity stressed scenarios., or by not conducting liquidity stress testing, on a regular basis, or by not complying with the decision following up on the outcome of the liquidity stress testing
2021/06/03
Committee: ECON
Amendment 1160 #

2020/0265(COD)

Proposal for a regulation
Annex VI – point 17
17. Unless it has been permitted to hold a lower amount of own funds in accordance with Article 31(3), tThe issuer infringes Article 41(4) by not abiding, at all times, to the own funds requirement.
2021/06/03
Committee: ECON
Amendment 27 #

2020/0155(COD)

Proposal for a regulation
Recital 2
(2) Regulation (EU) 2017/1129 of the European Parliament and of the Council14 lays down requirements for the drawing up, approval and distribution of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market in the Union. As part of the measures to help issuers to recover from the economic shock resulting from the COVID-19 pandemic, targeted amendments to the prospectus regime are necessary. Such amendments should enable issuers and financial intermediaries to reduce costs and free up resources for the recovery phase in the immediate aftermath of the crisis, while taking full account of how the crisis has affected the present situation and the future prospects of economic and financial entities specifically as a result of the health emergency. _________________ 14Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).
2020/11/03
Committee: ECON
Amendment 33 #

2020/0155(COD)

Proposal for a regulation
Recital 4
(4) In order to swiftly address the severe economic impact of the COVID-19 pandemic, it is important to introduce measures to facilitate investments in the real economy, allow for a rapid recapitalisation of companies in the Union and enable issuers to tap into public markets at an early stage in the recovery process. In order to achieve those objectives, it is appropriate to create a new short-form prospectus (‘EU Recovery prospectus’) that while also addressing the economic and financial issues specifically raised by the COVID-19 pandemic is easy to produce for issuers, easy to understand for investors, especially for retail investors, who want to finance them and easy to scrutinise and approve for competent authorities.
2020/11/03
Committee: ECON
Amendment 37 #

2020/0155(COD)

(5) Companies that have had shares admitted to trading on a regulated market or traded on an SME Growth market continuously for at least the last 18 months before the offer of shares or admission to trading, should have complied with periodic and ongoing disclosure requirements under Regulation (EU) No 596/2014 of the European Parliament and the Council15 , Directive 2004/109/EC of the European Parliament and of the Council16 or Commission Delegated Regulation (EU) 2017/56517 . Hence, many of the required content of a prospectus will already be publicly available and investors will be trading on the basis of that information. Therefore, the EU Recovery prospectus should only be used for secondary issuances and should only focus on essential information that investors need to make informed investment decisions, while also addressing the question regarding how the COVID-19 pandemic has affected the business since the primary issuance was launched and the pandemic’s future anticipated impact on the business activities. _________________ 15Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1). 16 Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38). 17Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ L 87, 31.3.2017, p. 1).
2020/11/03
Committee: ECON
Amendment 39 #

2020/0155(COD)

Proposal for a regulation
Recital 7
(7) The EU Recovery prospectus should include a short-form summary as a useful source of information for investors, in particular retail investors. That summary should be a self-contained part of the EU Recovery prospectus and should focus on key information that would enable investors to decide which offers and admissions to trading of securities to study further by reviewing the EU Recovery prospectus as a whole to take their decision. That key information in the summary should include information covering specifically the economic and financial impact of COVID-19 as well as the anticipated future impact.
2020/11/03
Committee: ECON
Amendment 56 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 7 – paragraph 12a – point b
(b) written in a language and a style that facilitate the understanding of the information, in particular, in a language that is clear, non-technical, concise and comprehensible for investors, especially non-professional investors.
2020/11/03
Committee: ECON
Amendment 59 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 7 – paragraph 12a – point c – subparagraph (ii)
(ii) key information on the issuer, including a specific reference of no less than 400 words to the economic and financial impact of the COVID-19 pandemic;
2020/11/03
Committee: ECON
Amendment 62 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 7 – paragraph 12a – point c – subparagraph (iv)
(iv) key information on the offer of securities to the public or the admission to trading on a regulated market or both, including key information on the past dividend policy.;
2020/11/03
Committee: ECON
Amendment 63 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14a – paragraph 1
1. The following issuers may choose to draw up an EU Recovery prospectus under the simplified regime set out in this Article in case of an offer of sharequity securities to the public or an admission to trading of shares on a regulated market:
2020/11/03
Committee: ECON
Amendment 64 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (UE) 2017/1129
Article 14a – paragraph 1– point a
(a) issuers whose shares have been admitted to trading on a regulated market continuously for at least the last 18 months and who issue sharequity securities fungible with existing shares which have been previously issued;
2020/11/03
Committee: ECON
Amendment 66 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (UE) 2017/1129
Article 14a – paragraph 1 – point b
(b) issuers whose shares have been already traded on an SME Growth market continuously for at least the last 18 months, provided that a prospectus has been published for the offer of those sharequity securities, and who issue sharequity securities fungible with existing sharequity securities which have been previously issued.
2020/11/03
Committee: ECON
Amendment 69 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14a – paragraph 2 – subparapgraph 1 – point (a)
(a) the prospects of the issuer and the significant changes in the financial position of the issuer that have occurred since the end of the last financial year, if any; there shall be included a specific reference of not less than 400 words to the economic and financial impact of COVID-19 on the issuer and a statement regarding the anticipated future impact of same;
2020/11/03
Committee: ECON
Amendment 72 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14a – paragraph 2 – subparapgraph 1 – point (b)
(b) the essential information on the sharequity securities, the reasons for the issuance and its impact on the overall capital structure of the issuer, and the use of proceeds.
2020/11/03
Committee: ECON
Amendment 75 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation 2017/1129
Article 14a – paragraph 2 – subparagraph 2
The information contained in the EU Recovery prospectus shall be written and presented in an easily analysable, concise and comprehensible form and shall enable investors, especially non-professional investors, to make an informed investment decision. The competent authority shall also take into account whether the issuer has disclosed the regulated information to the public pursuant to Directive 2004/109/EC, where applicable, Regulation (EU) No 596/2014 and, where applicable, information referred to in Commission Delegated Regulation (EU) 2017/565.
2020/11/03
Committee: ECON
Amendment 84 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2017/1129
Article 23 – paragraph 3 – subparagraph 2
Where the investors referred to in the first subparagraph of this paragraph have the right of withdrawal referred to in paragraph 2, the financial intermediary shall contact those investors within one working day after the publication of the supplement. To avoid situations where an investor would not qualify to receive information from the financial intermediary, the information on the supplement shall be made available on the issuer’s website.;
2020/11/03
Committee: ECON
Amendment 90 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2017/1129
Article 47a – paragraph 1
The regimes set out in Article 14a and Article 23 (2) and (3) expires on [18 months from the date of application of this Regulation].
2020/11/03
Committee: ECON
Amendment 95 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
(b) an analysis of whether the EU Growth prospectus strikes a proper balance between investor protection and the reduction of administrative burdens for the persons entitled to use it. The analysis shall focus on the way by which references to the present and future financial and economic impact of the COVID-19 pandemic in EU Recovery prospectuses proved to be relevant and useful to investors;
2020/11/03
Committee: ECON
Amendment 98 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (UE) 1129/2017
Article 48 – paragraph 2 – point c
(c) the number of EU Recovery prospectuses approved and an analysis of the evolution of such number as well as an estimate of the actual additional market capitalisation mobilised by such prospectuses at the point of issue;
2020/11/03
Committee: ECON
Amendment 84 #

2020/0106(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) The purpose of the Solvency Support Instrument is to help viable companies to overcome this difficult period so that they are in a position to carry the recovery, to safeguard sustainable employment levels, and to counter-balance the expected distortions in the single market.
2020/08/27
Committee: BUDGECON
Amendment 93 #

2020/0106(COD)

Proposal for a regulation
Recital 4
(4) CViable companies supported under the Solvency Support Instrument should be established and operating in the Union, meaning that they should have their registered office in a Member State and should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. They should pursue activities in support of objectives covered by this Regulation. They should have a viable business model and not have been in difficulty in terms of the State aid framework7 already at end 2019. Support should only be targeted at eligible companies operating in those Member States and sectors which are most impacted by the Covid-19 crisis and/or where the availability of State solvency support is more limited. _________________ 7 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p.1).
2020/08/27
Committee: BUDGECON
Amendment 97 #

2020/0106(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) The Steering Board should set specific geographical concentration limits for the solvency support window, in line with the indicators and methodology established by the Commission, in order to ensure, respectively, that the EU guarantee under the Solvency Support Instrument supports only eligible companies in Member States and sectors which have been economically most adversely affected by the COVID-19 pandemic and that guarantee supports only eligible companies in Member States, where the possibility of State solvency support is most limited.
2020/08/27
Committee: BUDGECON
Amendment 153 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2015/1017
Article 2 – paragraph 1 – point 9
(9) ‘companies’ means for the purposes of the solvency support window companies, project companies, public- private partnerships and other legal structures established in Member States respecting the fundamental values of the Union and the rule of law.
2020/08/27
Committee: BUDGECON
Amendment 168 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/1017
Article 6 – paragraph 1 – point a – subparagraph 1 a (new)
However, support under the solvency support window shall only be granted if it is to the benefit of viable companies that were not in difficulty in State aid terms8 already at the end of 2019 but since then face significant solvency risks due to the crisis caused by the Covid-19 pandemic; _________________ 8As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).
2020/08/27
Committee: BUDGECON
Amendment 173 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new) Regulation (EU) 2015/1017
(7a) In Article 7 paragraph 2 is amended as follows: "2. The EFSI Agreement shall provide that the EFSI is to be governed by a gender balanced composed steering board, which, for the purpose of the use of the EU guarantee, is to determine, in conformity with the general objectives set out in Article 9(2):"
2020/08/27
Committee: BUDGECON
Amendment 208 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new) Regulation (EU) 2015/1017
(14a) in Article 9, the following paragraph is added: ‘7a. Beneficiaries that receive EFSI financing shall not make dividend payments, non-mandatory coupon payments or buy back shares during the period of the guarantee. The remuneration of any member of the management of a beneficiary that receives EFSI financing shall not go beyond the fixed part of that members’ remuneration on 31 December 2019. For a person becoming a member of the management on or after the granting of EFSI financing, the applicable limit shall be the lowest fixed remuneration of any member of the management on 31 December 2019. Bonuses or other variable or comparable remuneration elements shall not be paid under any circumstances.’
2020/08/27
Committee: BUDGECON
Amendment 227 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 29 a (new)
Regulation (EU) 2015/1017
Article 18 – paragraph 3 – point a
(29a) in Article 18(3), point a is amended as follows: "(a) the EIB shall publish a comprehensive report on the functioning of the EFSI, which shall include an evaluation of the impact of the EFSI on sustainable investment in the Union, sustainable employment creation an, solvency of companies and improved access to financing for SMEs and mid-cap companies;"
2020/08/27
Committee: BUDGECON
Amendment 229 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 29 b (new)
Regulation (EU) 2015/1017
Article 18 – paragraph 3 – point b
(29b) in Article 18(3), point b is amended as follows: ‘(b) the Commission shall publish a comprehensive report on the use of the EU guarantee and the functioning of the guarantee fund and its impact on the sustainable recovery of the Union and the sustainable solvency of companies in the Union benefitting of this guarantee.’
2020/08/27
Committee: BUDGECON
Amendment 231 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 29 c (new)
Regulation (EU) 2015/1017
Article 22 a (new)
(29c) the following Article is inserted: ‘Article 22a Tax Good Governance principles 1. Financial intermediaries or approved eligible vehicles carrying out projects under the solvency support window shall not have any reportable arrangements under Council Directive (EU) 2018/822* in relation to reportable cross-border arrangements, unless such entities commit to repeal the reportable arrangements concerned within twelve months from the contract date between the EIB and the beneficiary or financial intermediary. Under the solvency support window, large undertakings in the meaning of Directive 2013/34/EU of the European Parliament and of the Council** on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings that are beneficiaries shall not have any reportable arrangements under Council Directive (EU) 2018/822 in relation to reportable cross-border arrangements unless such undertakings commit to repeal the reportable arrangements concerned within twelve months from the contract date between the EIB and the beneficiary or financial intermediary. 2. Following the Commission Recommendation C(2020) 4885 final*** entities that benefit from the solvency support window shall not: (a) be resident for tax purposes in, or incorporated under the laws of jurisdictions that feature on the EU list of non-cooperative jurisdictions; (b) be controlled, directly or indirectly, by shareholders in jurisdictions that feature on the EU list of non-cooperative jurisdictions, up to the beneficial owner, as defined in Article 3 point (6) of Directive (EU) 2015/849****; (c) control, directly or indirectly, subsidiaries or own permanent jurisdictions; (d) share ownership with companies in jurisdictions that feature on the EU list of non-cooperative jurisdictions.’
2020/08/27
Committee: BUDGECON
Amendment 129 #

2020/0104(COD)

Proposal for a regulation
Recital 3
(3) At Union level, the European Semester of economic policy coordination (‘European Semester’), including the principles of the European Pillar of Social Rights, is the framework to identify national reform priorities and monitor their implementation. As part of the goals of the European Semester, structural reforms based on solidarity, integration and social justice are also addressed, with the aim of creating quality employment and growth, ensuring equality of and access to opportunity and social protection, protecting vulnerable groups and improving the living standards of all. Member States develop their own national multiannual investment strategies in support of those reforms. Those strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding.
2020/09/22
Committee: BUDGECON
Amendment 142 #

2020/0104(COD)

Proposal for a regulation
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Member. The challenges linked to the demographic context have been amplified by COVID-19. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. Reforms and investments to address structural weaknesses of the economies and strengthen their resilience as well as to reduce the dependency on carbon energy will therefore be essential to set the economies back on a sustainable recovery path and avoid further widening of the divergences in the Union.
2020/09/22
Committee: BUDGECON
Amendment 147 #

2020/0104(COD)

Proposal for a regulation
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Member. The challenges linked to the demographic context have been amplified by COVID-19. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial and social welfare systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. Reforms and investments to address structural weaknesses of the economies and strengthen their resilience will therefore be essential to set the economies back on a sustainable recovery path and avoid further widening of the divergences in the Union.
2020/09/22
Committee: BUDGECON
Amendment 166 #

2020/0104(COD)

Proposal for a regulation
Recital 5
(5) The implementation of reforms contributing to achieve a high degree of resilience of deconomiestic econom and societies, strengthening adjustment capacity and unlocking growth potential are among the Union’s policy priorities. They are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
2020/09/22
Committee: BUDGECON
Amendment 238 #

2020/0104(COD)

Proposal for a regulation
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 25 30% of the EU budget expenditures supporting climate objectives. The Facility should only finance projects respecting the “do no significant harm” principle. The do no significant harm principle should be operationalised for all spending through the recovery and resilience facility through a delegated act, taking duly into account Article 2(17) of the EU regulation 2019/2088 on sustainability- related disclosures in the financial services sector and, for environment- related issues, by Article 17 of the regulation 2020/852 on the establishment of a framework to facilitate sustainable investment (EU taxonomy), in order to ensure coherence amongst EU spending priorities.
2020/09/22
Committee: BUDGECON
Amendment 260 #

2020/0104(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) The methodology to determine spending on environmental objectives, including on climate and biodiversity actions should be developed using appropriately the criteria established by the EU framework to facilitate sustainable investment (EU taxonomy).
2020/09/22
Committee: BUDGECON
Amendment 279 #

2020/0104(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) The scope of application of the Facility should refer to policy areas related to economic, social and territorial cohesion, the green and digital transitions, health, competitiveness, entrepreneurship, resilience, productivity, stability of the financial systems, culture, education and skills, children and youth policies, research and innovation, smart, sustainable and inclusive growth, public healthcare systems, policies in line with the European Pillar of Social Rights - such as social protection - high-quality jobs and investment, gender equality, the integration of people with disabilities, social dialogue and strengthening democratic systems, including efficient and independent judicial systems as well as media pluralism and media freedom.
2020/09/22
Committee: BUDGECON
Amendment 280 #

2020/0104(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) It is important that recovery and resilience plans display coherence in their implementation of environmental, social and governance sustainability and are coherent with EU priorities such as the European Green Deal and the European Pillar of Social Rights, and the Sustainable Europe Investment Plan.
2020/09/22
Committee: BUDGECON
Amendment 325 #

2020/0104(COD)

Proposal for a regulation
Recital 14 a (new)
(14a) The RRF provides a way to modernise the EU budget through investments in innovative projects that provide new opportunities for future generations.
2020/09/22
Committee: BUDGECON
Amendment 355 #

2020/0104(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) As local governments and municipalities are the closest to their citizens, and they have a first-hand experience regarding needs and problems of the local communities and economies, they play a crucial role in economic and social recovery. Taking this into consideration municipalities and local governments should be closely involved in the planning and implementation of this Facility, including the preparation of the recovery and resilience plans as well as the management of the projects under the Facility. In order to fully exploit the potential of municipalities and local governments in achieving recovery and resilience, a significant part of resources of the Recovery and Resilience Facility should be dedicated to them, with creating a direct access to those sources for municipalities and local governments.
2020/09/22
Committee: BUDGECON
Amendment 361 #

2020/0104(COD)

Proposal for a regulation
Recital 16 b (new)
(16b) In those Member States, where the EU determines the existence of generalised deficiencies of the rule of law, and subsequently decides to suspend the transfer of Union funds to the government of that Member State, the Recovery and Resilience Fund should be made available via direct management by the Commission, to regional and local governments, enterprises and civil society organisations for projects defined and implemented by them.
2020/09/22
Committee: BUDGECON
Amendment 454 #

2020/0104(COD)

Proposal for a regulation
Recital 26
(26) Provided that the recovery and resilience plan is completed and has satisfactorily addressesd the assessment criteria, the Member State concerned should be allocated the maximum financial contribution where the estimated total costs of the reform and investment included in the recovery and resilience plan is equal to, or higher than, the amount of the maximum financial contribution itself. The Member State concerned should instead be allocated an amount equal to the estimated total cost of the recovery and resilience plan where such estimated total cost is lower than the maximum financial contribution itself. No financial contribution should be awarded to the Member State if the recovery and resilience plan does not satisfactorily address the assessment criteria.
2020/09/22
Committee: BUDGECON
Amendment 500 #

2020/0104(COD)

Proposal for a regulation
Recital 32
(32) For the purpose of sound financial management, specific rules should be laid down for budget commitments, payments, suspension, cancellation and recovery of funds. To ensure predictability, it should be possible for Member States to submit requests for payments on a biannual basis. Payments should be made in instalments and be based on a positive assessment by the Commission of the complete implementation of the recovery and resilience plan by the Member State. Suspension and cancellation of the financial contribution should be possible when the recovery and resilience plan has not been implemented in a satisfactory manner by the Member State. Appropriate contradictory procedures should be established to ensure that the decision by the Commission in relation to suspension, cancellation and recovery of amounts paid respects the right of Member States to provide observations.
2020/09/22
Committee: BUDGECON
Amendment 516 #

2020/0104(COD)

Proposal for a regulation
Recital 34 a (new)
(34a) Member States should ensure that communication activities, in particular with regard to the obligation to make visibility of the support provided within the framework of the Facility, are properly disseminated at the appropriate regional and local level, on multiple outlets in a non-discriminatory manner.
2020/09/22
Committee: BUDGECON
Amendment 521 #

2020/0104(COD)

Proposal for a regulation
Recital 35 a (new)
(35a) All money spent through the RRF should be spent efficiently, having a double positive impact on Europe's recovery from the crisis and on Europe’s transition to a sustainable economy.
2020/09/22
Committee: BUDGECON
Amendment 544 #

2020/0104(COD)

Proposal for a regulation
Recital 39
(39) The recovery and resilience plans to be implemented by the Member States and the corresponding financial contribution allocated to them should be established by the Commission by way of implementing act. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the adoption of the recovery and resilience plans and to the payment of the financial support upon fulfilment of the relevant milestones and targets should be exercised by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council, under the examination procedure thereof13 . After the adoption of an implementing act, it should be possible for the Member State concerned and the Commission to agree on certain operational arrangements of a technical nature, detailing aspects of the implementation with respect to timelines, indicators for the milestones and targets, and access to underlying data. To allow the continuous relevance of the operational arrangements in respect of the prevailing circumstances during the implementation of the recovery and resilience plan, it should be possible that the elements of such technical arrangements may be modified by mutual consent. Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU fundingdelegated act. __________________ 13Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2020/09/22
Committee: BUDGECON
Amendment 552 #

2020/0104(COD)

Proposal for a regulation
Recital 39
(39) The recovery and resilience plans to be implemented by the Member States and the corresponding financial contribution allocated to them should be established by the Commission by way of implementing act. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the adoption of the recovery and resilience plans and to the payment of the financial support upon fulfilment of the relevant milestones and targets should be exercised by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council, under the examination procedure thereof13 . After the adoption of an implementing act, it should be possible for the Member State concerned and the Commission to agree on certain operational arrangements of a technical nature, detailing aspects of the implementation with respect to timelines, indicators for the milestones and targets, and access to underlying data. To allow the continuous relevance of the operational arrangements in respect of the prevailing circumstances during the implementation of the recovery and resilience plan, it should be possible that the elements of such technical arrangements may be modified by mutual consent. Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an, democratic checks and balances, an independent judiciary, media pluralism and media freedom are essential preconditions for sound financial management and effective EU funding and fighting corruption. __________________ 13 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2020/09/22
Committee: BUDGECON
Amendment 1067 #

2020/0104(COD)

Proposal for a regulation
Article 15 a (new)
Article 15 a Regular ongoing budgetary expenditures shall not be considered as eligible for funding under the RRF.
2020/09/25
Committee: BUDGECON
Amendment 1088 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – introductory part
3. The Commission shall assess the importance and coherence of the recovery and resilience plan and its contribution to the green, social and digital transitions, and for that purpose, shall take into account the following criteria:
2020/09/25
Committee: BUDGECON
Amendment 1119 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from them,; whether in particular the plan contains measures aiming at closing the digital gap in EU Member States, and measures boosting the digital literacy;
2020/09/25
Committee: BUDGECON
Amendment 1161 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point d
(d) whether the recovery and resilience plan is expected to effectively contribute to strengthen the growth potential, job creation, social progress and economic and social resilience of the Member State, decrease inequalities, mitigate the economic and social impact of the crisis, and contribute to enhance economic, social and territorial cohesion;
2020/09/25
Committee: BUDGECON
Amendment 1164 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point d
(d) whether the recovery and resilience plan is expected to effectively contribute to strengthen the growth potential, the productivity, job creation, and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis, and contribute to enhance economic, social and territorial cohesion;
2020/09/25
Committee: BUDGECON
Amendment 1198 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point g a (new)
(g a) whether the plan is expected to effectively contribute to the implementation of the commitments of the Union and of its Members States, in particular the Paris Agreement, the Union’s new 2030 climate and energy targets, the UN SDGs, gender mainstreaming and the European Pillar of Social Rights;
2020/09/25
Committee: BUDGECON
Amendment 1201 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point g a (new)
(g a) whether the recovery and resilience plan obeys the ‘do no significant harm’ principle based on the criteria set out by the Commission in accordance with Article 14(1);
2020/09/25
Committee: BUDGECON
Amendment 1207 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point g b (new)
(g b) whether sufficient care is paid to avoid corruption with funding from the plans and to avoid illegitimate use of the funds;
2020/09/25
Committee: BUDGECON
Amendment 1209 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point g c (new)
(g c) whether the consultations held for the preparation of the recovery and resilience plan and dialogues planned, including the relevant milestones and targets, in relation with the implementation of the recovery and resilience plan ensure that the local authorities, social partners, civil society organisations, including environmental NGOs and others, and other relevant stakeholders are given effective opportunities to participate in the preparation and the implementation of the recovery and resilience plan and that the organisation and implementation of partnership was carried out in accordance with Commission Delegated Regulation (EU) No 240/2014;
2020/09/25
Committee: BUDGECON
Amendment 1263 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point a
(a) the financial contribution to be paid in instalments once the Member State has completed and satisfactorily implemented the relevant milestones and targets identified in relation to the implementation of the recovery and resilience plan;
2020/09/25
Committee: BUDGECON
Amendment 1305 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 7 a (new)
7a. On adoption of the delegated acts in accordance with paragraph 7, the plan shall be made publicly available by the Commission.
2020/09/25
Committee: BUDGECON
Amendment 1389 #

2020/0104(COD)

Proposal for a regulation
Article 19 a (new)
Article 19 a Rule of Law Until the moment that a procedure which is launched against a Member State in accordance with Article 7 of the Treaty on the Functioning of the European Union is formally closed, that Member State will only be eligible to receive 20% of the financial contribution determined in accordance with Article 19.
2020/09/25
Committee: BUDGECON
Amendment 1506 #

2020/0104(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the publicthe public, including through the media on a non- discriminatory basis.
2020/09/25
Committee: BUDGECON
Amendment 1510 #

2020/0104(COD)

Proposal for a regulation
Article 26 a (new)
Article 26 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission until 31 December 2028. 3. The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
2020/09/25
Committee: BUDGECON
Amendment 17 #

2020/0101(COD)

Proposal for a regulation
Recital 1
(1) Member States have been affected by the crisis due to the consequences of the COVID-19 pandemic in an unprecedented manner. The crisis hampers growth in Member States, which in turn aggravates the serious liquidity shortages due to the sudden and important increase in public investments needed in their health systems and other sectors of their economies. This has created an exceptional situation which needs to be addressed with specific measures to support a long- lasting recovery and creation of good quality sustainable jobs.
2020/07/20
Committee: BUDG
Amendment 19 #

2020/0101(COD)

Proposal for a regulation
Recital 2
(2) In order to respond to the impact of the crisis, Regulations (EU) No 1303/2013 and (EU) No 1301/2013 were amended on 30 March 2020 to allow more flexibility in the implementation of the operational programmes supported by the European Regional Development Fund ('ERDF'), the European Social Fund ('ESF') and the Cohesion Fund (the 'Funds') and by the European Maritime and Fisheries Fund ('EMFF'). However, as the serious negative effects on Union economies and societies worsened, both Regulations were amended again on 23 April 2020 to provide exceptional additional flexibility to enable the Member States to concentrate on the necessary response to the unprecedented crisis by enhancing the possibility to mobilise non-utilised support from the Funds and by simplifying procedural requirements linked to programme implementation and audits. This flexibility should be temporary in nature and only linked to the corona response;
2020/07/20
Committee: BUDG
Amendment 21 #

2020/0101(COD)

Proposal for a regulation
Recital 5
(5) An additional exceptional amount of EUR 58 272 800 000 (in current prices) for budgetary commitment from the Structural Funds under the Investment for growth and jobs goal, only for the years 2020, 2021 and 2022, should be made available to support Member States and regions most impacted in crisis repair in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of the economy, with a view to deploying resources quickly to the real economy through the existing operational programmes. Resources for 2020 stem from an increase in the resources available for economic, social and territorial cohesion in the multiannual financial framework for 2014-2020 whereas resources for 2021 and 2022 stem from the European Union Recovery Instrument. Part of the additional resources should be allocated to technical assistance at the initiative of the Commission. The Commission should set out the breakdown of the remaining additional resources for each Member State on the basis of an allocation method based on the latest available objective statistical data concerning Member States’ relative prosperity and the extent of the effect of the current crisis on their economies and societies. The allocation method should include a dedicated additional amount for the outermost regions given the specific vulnerability of their economies and societies. In order to reflect the evolving nature of the effects of the crisis, the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 October 2021and on the basis of a Commission evaluation report assessing the effectiveness, efficiency and impact of the instrument in addressing the corona crisis to distribute the 2022 tranche of the additional resources.
2020/07/20
Committee: BUDG
Amendment 39 #

2020/0101(COD)

Proposal for a regulation
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to support job maintenance, including through short-time work schemes and support to self-employed, job creation, in particular for people in vulnerable situations, support to youth employment measures, social inclusion, education and training, skills development and to eradicate poverty including child poverty and enhance access to social services of general interest, including for children. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by national law. Union support to those short-time work schemes should be limited in time.
2020/07/20
Committee: BUDG
Amendment 45 #

2020/0101(COD)

Proposal for a regulation
Recital 13
(13) With a view to alleviating the burden on public budgets regarding crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy, Member States should be given the exceptional possibility for the years 2020 and 2021 to request a co- financing rate of up to 100 % to be applied to the separate priority axes of operational programmes providing support from the additional resources. Normal Member State co- financing rules should apply for 2022.
2020/07/20
Committee: BUDG
Amendment 46 #

2020/0101(COD)

Proposal for a regulation
Recital 14
(14) In order to enable Member States to deploy the additional resources for crisis repair quickly in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy within the current programming period, it is justified to exempt, on an exceptional basis, Member States from the need to comply with ex ante conditionalities and requirements on the performance reserve and application of the performance framework, on thematic concentration, also in relation to the thresholds established for sustainable urban development for the ERDF, and requirements on preparation of a communication strategy for the additional resources. It is neverthelesstherefore justified that evaluations during the programme are strengthened as a result to ensure EU money is spent efficiently and in support of the objectives laid down, namely crisis repair actions in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy. The Commission will carry out an evaluation by 31 December 2021 to assess the effectiveness, efficiency and impact of the additional resources as well as how they contributed to achieving the goals of the new dedicated thematic objective. It is also necessary that Member States carry out at least one evaluation by 31 December 2024 to assess the effectiveness, efficiency and impact of the additional resources as well as how they contributed to achieving the goals of the new dedicated thematic objective. The report should detail support received by sector and region and the final beneficial owners and amount of support received. To facilitate the availability of comparable information at Union level, Member States are encouraged to make use of the programme-specific indicators made available by the Commission. In addition, while carrying out their responsibilities linked to information, communication and visibility, Member States and managing authorities should enhance the visibility of the exceptional measures and resources introduced by the Union, in particular by ensuring that potential beneficiaries, beneficiaries, participants, final recipients of financial instruments and the general public are aware of the existence, volume and additional support stemming from the additional resources.
2020/07/20
Committee: BUDG
Amendment 56 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU) No 1303/2013
Article 4 – paragraph 2 – subparagraph 1 a (new)
-1 In Article 4 paragraph 2 the following subparagraph shall be added: The respect for the rule of law is an essential precondition for EU funding. Rules adopted on the basis of Article 322 TFEU concerning the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States shall apply.
2020/07/20
Committee: BUDG
Amendment 84 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 11 – subparagraph 1
11. By way of derogation from the first and second subparagraphs of Article 120(3), a co-financing rate of up to 100% may be applied to the priority axis or axes supported by the additional resources programmed under the thematic objective referred to in paragraph 10 of this Article for the year 2020 and 2021.
2020/07/20
Committee: BUDG
Amendment 86 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 11 – subparagraph 2
The Commission shall carry out an evaluation by 31 December 2021 as provided in Article 56(4). By way of derogation from Article 56(3) and 114(2), the Member States shall ensure that by 31 December 2024 at least one evaluation on the use of the additional resources is carried out to assess their effectiveness, efficiency, impact and how they contributed to the thematic objective referred to in paragraph 10 of this Article.
2020/07/20
Committee: BUDG
Amendment 32 #

2020/0100(COD)

Proposal for a regulation
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards a new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve climate neutrality in the Union by 2050 in an effective and fair manner, while striving for socio-economic sustainability, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challenge while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. In order to be successful, the transition should reduce inequalities, create a net employment effect with new high quality jobs, and be fair and socially acceptable for all. _________________ 9 COM(2019) 640 final.
2020/09/03
Committee: BUDGECON
Amendment 37 #

2020/0100(COD)

Proposal for a regulation
Recital 2
(2) The Commission adopted a Communication on the European Green Deal Investment Plan10 on 14 January 2020, establishing the Just Transition Mechanism which focuses on the regions and sectors that are most affected by the transition given their dependence on fossil fuels, including coal, peat and oil shale or greenhouse gas-intensive industrial processes but have less capacity to finance the necessary investments. The Just Transition Mechanism consists of three pillars: a Just Transition Fund implemented under shared management, a dedicated just transition scheme under InvestEU, and a public sector loan facility to mobilise additional investments to the regions concerned. All three pillars are to complement each other to support the implementation of the Green Deal and address the economic, social, energy sustainability, energy security, energy affordability and regional challenges and opportunities of the transition to a sustainable, climate-neutral and climate- resilient, resource-efficient, and circular economy by 2050 at the latest. _________________ 10 COM(2020) 21 final.
2020/09/03
Committee: BUDGECON
Amendment 42 #

2020/0100(COD)

Proposal for a regulation
Recital 3
(3) The proposal for establishing the Just Transition Fund was adopted by the Commission on 14 January 202011 . For the better programming and implementation of the Fund, territorial just transition plans are to be adopted, setting out the key steps and timeline of the transition process towards the achievement the Union 2030 climate targets and a climate neutral economy by 2050, in a way that leaves no one behind, and identifying the territories most negatively affected by the transition towards a climate neutral economy and with less capacity to deal with the transition challenges. Only Member States that are committed to the EU 2050 climate neutrality target should benefit from the Facility. _________________ 11 COM(2020) 22 final
2020/09/03
Committee: BUDGECON
Amendment 50 #

2020/0100(COD)

Proposal for a regulation
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the Commission and contribute towards achieving the goals of the Green Deal and the European Pillar of Social Rights. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition Mechanism.
2020/09/03
Committee: BUDGECON
Amendment 57 #

2020/0100(COD)

Proposal for a regulation
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy, but shall not be limited to, energy infrastructure, including clean hydrogen-, biogas- and biomethane- compatible investments, and transport infrastructure, district heating networks, green mobility, investment in green and sustainable research and innovation projects, smart waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, environmental infrastructure (water and sanitation), urban renewal and regeneration, cultural and historical heritage, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used.
2020/09/03
Committee: BUDGECON
Amendment 74 #

2020/0100(COD)

Proposal for a regulation
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. Only Member States that adhere to the fundamental values of the Union, including the rule of law principle, should benefit from the Facility. In case the Commission is of the opinion that the rule of law in a Member State is breached, it should seek to support the transition of concerned regions in other ways or find a way to direct the support strictly to the region, if it obeys the rule of law principles, without involving the national government.
2020/09/03
Committee: BUDGECON
Amendment 91 #

2020/0100(COD)

Proposal for a regulation
Recital 13
(13) In order to ensure that all Member States are granted the possibility to benefit from the grant component to the highest level possible, and understanding that it is transition regions that might be mostly financially and socially hit by the transition, a mechanism should be set up to establish earmarked national shares to be respected during a first stage, based on the distribution key proposed in the Just Transition Fund Regulation. However, in order to reconcile that objective with the need to optimise the economic impact of the Facility and its implementation, such national allocations should not be earmarked after 31 December 2024. Thereafter, the remaining resources available for the grant component should be provided without any pre-allocated national share and on a competitive basis at Union level, while ensuring predictability for investment and following a needs-based and regional convergence approach. An interim evaluation report should be published by 30 June 2024 to provide input into allocating the remaining resources.
2020/09/03
Committee: BUDGECON
Amendment 103 #

2020/0100(COD)

Proposal for a regulation
Recital 14
(14) Specific eligibility conditions and award criteria, which may include relevant criteria established by Regulation (EU)… (Regulation on establishment of a framework to facilitate sustainable investment), should be set out in the work programme and the call for proposals. Those eligibility conditions and award criteria should take into account the relevanceability of the project in the context of theto meet the objectives and development needs described in the territorial just transition plans, the contribution to ensuring the climate transition is achieved in a manner leaving no one behind, the overall objective of promoting regional and territorial convergence and the significancrole of the grant component for the viaffordability of the project. Union Support established by this Regulation should thus only be made available to Member States with at least one territorial just transition plan adopted. The work programme and calls for proposals will also take into account the territorial just transition plans submitted by Member States to ensure that coherence and consistency across the different pillars of the mechanism is ensured.
2020/09/03
Committee: BUDGECON
Amendment 108 #

2020/0100(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) On an ad-hoc basis, the Facility support should be given to regions undergoing an unforeseen business crisis resulting from actions to address climate change, to allow for an adeuqate response to cisis situations that may arise in the context of the transition. This is to ensure, that regions may receive support, even if they are not pre-labeled as impacted regions.
2020/09/03
Committee: BUDGECON
Amendment 120 #

2020/0100(COD)

Proposal for a regulation
Recital 19 a (new)
(19 a) Financial support through the Facility should not be granted to companies registered in the countries placed on the EU list of non-cooperative jurisdictions for tax purposes, unless they prove they have a legitimate business activity there.
2020/09/03
Committee: BUDGECON
Amendment 141 #

2020/0100(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
Only Member States that are committed to achieving the EU 2050 climate neutrality target and adhere to the fundamental values of the Union, including the rule of law principle, may benefit from the Facility. Respect for the rule of law is an essential precondition for sound financial management and effective EU funding.
2020/09/03
Committee: BUDGECON
Amendment 147 #

2020/0100(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
5. 'territorial just transition plan' means a plan established in accordance with Article 7 of Regulation [JTF Regulation], prepared by relevant local and regional authorities and consulted with social partners, regional civil society and the private sector representatives, and approved by the Commission;
2020/09/03
Committee: BUDGECON
Amendment 150 #

2020/0100(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
6 a. 'additionality' means the support for projects that do not generate a sufficient stream of own resources to cover investment costs, and would thus not otherwise materialise in the same timeframe, and that contribute to the general objectives laid down in Article 3.
2020/09/03
Committee: BUDGECON
Amendment 155 #

2020/0100(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation] in line with Paris Agreement objectives and ensuring that the transition reduces inequalities, creates a net employment effect with new high quality jobs, and is fair and socially acceptable for all.
2020/09/03
Committee: BUDGECON
Amendment 170 #

2020/0100(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) assigned revenue as referred to in paragraph 2 up to a maximum amount of EUR 1 2752 170 000 000 in current prices.
2020/09/03
Committee: BUDGECON
Amendment 174 #

2020/0100(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The resources referred to in paragraph 1(b) shall be provided by repayments stemming from financial instruments established under the programmes listed in Annex I to this Regulation up to a maximum amount of EUR 2751 000 000 000 and from the surplus of the provisioning for the EU guarantee established by the EFSI Regulation up to a maximum amount of EUR 1 0700 000 000.
2020/09/03
Committee: BUDGECON
Amendment 207 #

2020/0100(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a climate-neutral economy ensuring that the climate transition is achieved in a just manner leaving no one behind and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
2020/09/03
Committee: BUDGECON
Amendment 225 #

2020/0100(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
(d a) By derogation from paragraph 1(b), it is possible for projects receiving Union support under the Facility to receive advisory and technical assistance support for their preparation, development or implementation from other Union programmes.
2020/09/03
Committee: BUDGECON
Amendment 239 #

2020/0100(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. In addition to the grounds specified in Article 131(4) of the Financial Regulation and after consulting the finance partner, the amount of the grant mayshall be reduced or the grant agreement may be terminated, if within two years from the date of signature of the grant agreement, the economically most significant supply, works or services contract has not been signed, in cases where the conclusion of such contract is envisaged pursuant to the grant agreement.
2020/09/03
Committee: BUDGECON
Amendment 242 #

2020/0100(COD)

Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
In such cases and after consulting the finance partner, the amount of the grant mayshall be reduced or the grant agreement may be terminated, and any related amounts paid may be recovered, in accordance with the conditions set out in the grant agreement.
2020/09/03
Committee: BUDGECON
Amendment 248 #

2020/0100(COD)

Proposal for a regulation
Article 13 – paragraph 1
The Facility shall be implemented by work programmes established in accordance with Article 110 of the Financial Regulation. The work programmes shall specify the eligibility conditions and award criteria for the selection. Such award criteria may include relevant criteria out of those laid down in Regulation (EU)... (Regulation on the establishment of a framework to facilitate sustainable investment), the project's ability to meet the objectives and needs identified in the territorial just transition plans, the contribution to ensuring that the climate transition is achieved in a just manner leaving no one behind, the overall objective of promoting regional and territorial convergence and the grant's contribution to the affordability of projects. The Commission shall ensure that gender equality and the integration of gender perspective are taken into account and promoted in the work programme. The work programmes shall set out the national shares of resources, including any additional resources, for each Member State in accordance with Articles 4(1) and 6(2) of this Regulation.
2020/09/03
Committee: BUDGECON
Amendment 263 #

2020/0100(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The interim evaluation of the Facility shall be performed by 30 June 20254, when sufficient information is expected to be available about the implementation of the Facility. The evaluation shall in particular demonstrate how the Union support provided under the Facility shall have contributed in addressing the needs of territories implementing the territorial just transition plans.
2020/09/03
Committee: BUDGECON
Amendment 264 #

2020/0100(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. At the end of the implementation period and no later than 31 December 2031, a final evaluation report on the results and long-term impact of the Facility shall be established. and submitted by the Commission to the Parliament and the Council. The beneficiaries and the finance partners shall contribute to such evaluation by providing the Commission all relevant information necessary to enable it to perform that evaluation.
2020/09/03
Committee: BUDGECON
Amendment 267 #

2020/0100(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. The evaluation shall present an assessment of the Facility's contribution to meeting the objectives of the European Social Pillar and the EU sustainability policy objectives, in particular the Union's 2030 targets for climate and energy and the transition towards a climate neutral economy in the Union by 2050.
2020/09/03
Committee: BUDGECON
Amendment 272 #

2020/0100(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The beneficiaries and the finance partners shall ensure, to the highest possible level, the visibility and details of the Union support provided under the Facility, in particular when promoting the projects and their results, by providing targeted information to multiple audiences, including the mediapublic and privately-owned media, the social partners and the public.
2020/09/03
Committee: BUDGECON
Amendment 276 #

2020/0100(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1 a. The finance partners shall disclose all relevant financial information on each project co-financed by the Facility on their website.
2020/09/03
Committee: BUDGECON
Amendment 289 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 7
7. Greenhouse gas emission reduced, where relevant for calculation
2020/09/03
Committee: BUDGECON
Amendment 291 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 7 a (new)
7 a. Employment and unemployment rate
2020/09/03
Committee: BUDGECON
Amendment 294 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 7 b (new)
7 b. Depopulation rate
2020/09/03
Committee: BUDGECON
Amendment 295 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 7 c (new)
7 c. Population of regions/territories benefitting from projects carried out under the Facility
2020/09/03
Committee: BUDGECON
Amendment 11 #

2020/0097(COD)

Proposal for a decision
Recital 2
(2) Whilst recognising the primary responsibility of Member States for preventing, preparing for and responding to natural and man-made disasters, the Union Mechanism promotes solidarity between Member States in accordance with Article 3(3) of the Treaty on European Union. It is the Member States themselves that have the primary responsibility for improving their rescue capabilities and preparedness, and the Commission’s actions support and supplement this endeavour. The Commission’s competence should not be extended to apply to tasks connected with national preparedness.
2020/07/22
Committee: BUDG
Amendment 16 #

2020/0097(COD)

Proposal for a decision
Recital 5
(5) In order to be better prepared when confronted with such events in the future, urgent action is required for reinforcing the Union Mechanism. The Mechanism should be there for large-scale cross- border crises such as the current coronavirus pandemic and similar situations, the more likely natural disasters and those having the greater impact due to climate change, other crises resulting from extreme weather conditions and industrial accidents. Solidarity between Member States is essential in large-scale crisis situations where a single Member State’s resources are insufficient.
2020/07/22
Committee: BUDG
Amendment 32 #

2020/0097(COD)

Proposal for a decision
Recital 10
(10) In order to have the operational capacity to respond swiftly to a large-scale emergency or to a low probability event with a high impact such as the COVID-19 pandemic, the Union should have the possibility of acquiring, renting, leasing or contracting rescEU capacities to be able to assist Member States overwhelmed by large-scale emergencies, in line with the supporting competence in the area of civil protection and with a particular attention to vulnerable people. Those capacities are to be pre-positioned in logistical hubs inside the Union or, for strategic reasons, via trusted networks of hubs such as the UN Humanitarian Response Depots. It is important to improve regional capacity. Improvement of capacity should also pay attention to the long-term objective that it should be as flexible as possible and able to respond in a range of ways to many types of crisis and disaster, and not just focus on the current pandemic.
2020/07/22
Committee: BUDG
Amendment 60 #

2020/0066(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 575/2013
Article 450 a (new)
(1a) The following article is inserted: " Article 450a In order to enhance the resilience of the financial sector and to strengthen its capacity to lend to the real economy in the actual crisis situation, credit institutions will suspend any kind of distribution until October 2021. Until this date, credit institutions will also suspend share buy- backs and excessive bonus payments. This paragraph will apply to institutions as defined in points (7), (16), (22) and (23) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17).”
2020/05/27
Committee: ECON
Amendment 27 #

2020/0006(COD)

Proposal for a regulation
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, cohesion policy and the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target and are therefore important in helping to focus cohesion funds towards supporting the EU's climate objectives.
2020/05/06
Committee: BUDG
Amendment 51 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Support should also be available to indirect sectors and jobs that depend on fossil fuel value chains and GHG intensive industrial processes, for example for re-skilling workers. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/05/06
Committee: BUDG
Amendment 57 #

2020/0006(COD)

Proposal for a regulation
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to new employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market. The creation of a net employment effect with new high quality jobs should be an overall goal of the climate transition and the Just Transition Mechanism and the JTF.
2020/05/06
Committee: BUDG
Amendment 63 #

2020/0006(COD)

Proposal for a regulation
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. Productive investment for enterprises should not distort competition between enterprises. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
2020/05/06
Committee: BUDG
Amendment 63 #

2020/0006(COD)

Proposal for a regulation
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives and the objectives of the European Pillar of Social Rights. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptions. __________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
2020/06/02
Committee: ECON
Amendment 81 #

2020/0006(COD)

Proposal for a regulation
Recital 3
(3) In order to be successful, the transition has to reduce inequalities be fair and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard.
2020/06/02
Committee: ECON
Amendment 84 #

2020/0006(COD)

Proposal for a regulation
Recital 14
(14) Respect and adherence to fundamental Union values such as the rule of law principle should be mandatory for receiving any financial support from the EU budget, including the JTF. Member States benefitting from the JTF should be committed to achieving the EU 2050 climate neutrality target .The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
2020/05/06
Committee: BUDG
Amendment 104 #

2020/0006(COD)

Proposal for a regulation
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, cohesion policy and the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target and are therefore important in helping to focus cohesion funds towards supporting the EU's climate objectives.
2020/06/02
Committee: ECON
Amendment 124 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Only Member States that are committed to achieving the EU 2050 climate neutrality target and adhere to the fundamental values of the Union may benefit from the JTF. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of the territorial just transition plans established in accordance with Article 7.
2020/05/06
Committee: BUDG
Amendment 129 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable and viable in the long- term, taking into account all the objectives of the Green Deal and the European Pillar of Social Rights. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation and negative impact on level playing field. Support should be available only for companies which are viable in the long- term. Support should also be available to indirect sectors and jobs that depend on fossil fuel value chains and greenhouse gas intensive industrial processes, for example for re-skilling workers. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/06/02
Committee: ECON
Amendment 134 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in research and innovation activities and fostering the transfer and adoption of advanced technologies;
2020/05/06
Committee: BUDG
Amendment 138 #

2020/0006(COD)

Proposal for a regulation
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to new employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market. Creating a net employment effect with new high quality jobs should be an overall goal of the climate transition and the Just Transition Mechanism, including the Just Transition Fund.
2020/06/02
Committee: ECON
Amendment 147 #

2020/0006(COD)

Proposal for a regulation
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. Productive investment for enterprises should not distort competition between enterprises. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
2020/06/02
Committee: ECON
Amendment 159 #

2020/0006(COD)

Proposal for a regulation
Recital 14
(14) Respect and adherence to fundamental Union values such as the rule of law principle should be mandatory for receiving any financial support from the EU budget, including the JTF. Member States benefitting from the JTF should be committed to achieving the EU 2050 climate neutrality target. The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. All territories facing challenges with the transition to a climate neutral economy should be eligible for support. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
2020/06/02
Committee: ECON
Amendment 162 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the decommissioning or the construction of nuclear power stations;deleted
2020/05/06
Committee: BUDG
Amendment 231 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Only Member States that are committed to achieving the EU 2050 climate neutrality target and adhere to the fundamental values of the Union including the rule of law principle may benefit from the JTF. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of the territorial just transition plans established in accordance with Article 7.
2020/06/02
Committee: ECON
Amendment 244 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in viable SMEs, including start-ups, leading to economic diversification and reconversion;
2020/06/02
Committee: ECON
Amendment 257 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in research and innovation activities and fostering the transfer and adoption of advanced technologies;
2020/06/02
Committee: ECON
Amendment 276 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, especially in remote regions;
2020/06/02
Committee: ECON
Amendment 330 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the decommissioning or the construction of nuclear power stations;deleted
2020/06/02
Committee: ECON
Amendment 36 #

2019/2213(BUD)

Motion for a resolution
Paragraph 1
1. Insists that the EU budget is vital to respond to the challenges the Union is facing and reflects the degree of ambition of the Member States and the institutions; insists that the EU budget is an investment budget that should support competitiveness, sustainable growth, jobs and fundamental research and innovation; along with ensuring that the EU budget can respond to new challenges, adequate resources for the continuity of established EU policies, such as common agricultural policy and common fisheries policy and sustainability of rural regions, must be ensured; calls for an efficient use of the EU budget, with a focus on EU added value;
2020/03/04
Committee: BUDG
Amendment 45 #

2019/2213(BUD)

Motion for a resolution
Paragraph 2
2. Deplores the lack of attention given to the call by IPCC scientists, in their latest report, for radical action to catch up with the ecological transition, in the light of their warning that CO2 concentration increased three times faster in 2018-2019 than in the 1960s; underlines the fact that there are only a few years left to prevent climate change from getting irreversibly out of control; notes that climate change is advancing at a rapid pace especially in the polar regions, causing unknown and unpredictable changes to world ecosystems;
2020/03/04
Committee: BUDG
Amendment 73 #

2019/2213(BUD)

Motion for a resolution
Paragraph 4 a (new)
4 a. Emphasises in this regard the need to deliver on the European Pillar of Social Rights;
2020/03/04
Committee: BUDG
Amendment 75 #

2019/2213(BUD)

Motion for a resolution
Paragraph 4 b (new)
4 b. Believes that in order to enhance a sustainable financial system in the EU, it is key that the EU budget is equipped with appropriate tools to tackle money laundering and terrorism financing;
2020/03/04
Committee: BUDG
Amendment 115 #

2019/2213(BUD)

Motion for a resolution
Paragraph 7
7. Considers, therefore, that the whole 2021 budget must comply with the 55 % GHG emissions reduction target, as requested in its resolution of 15 January 2020 on the European Green Deal, and with the social commitments made by the President of the Commission, in order to send the right signals to EU citizens and businesses; expects also support for climate related research and innovation;
2020/03/04
Committee: BUDG
Amendment 118 #

2019/2213(BUD)

Motion for a resolution
Paragraph 7 a (new)
7 a. Notes that EU is diverse with many different regions. Arctic region has huge potential and Arctic policy represents an instrument for achieving wider goals in EU climate policy and external relations as well as in the promotion of a sustainable economy and innovations, which should be reflected in EU funding;
2020/03/04
Committee: BUDG
Amendment 182 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 a (new)
11 a. Expects a strong EU mechanism on democracy, the rule of law and fundamental rights (DRF) to be in place for 2021;
2020/03/04
Committee: BUDG
Amendment 193 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 b (new)
11 b. Highlights the importance of investing in better infrastructure such as new and better roads, railways and airports;
2020/03/04
Committee: BUDG
Amendment 30 #

2019/2211(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Recalls, for instance, the importante role of the Cohesion Funds in the implementation of the SDGs, as well as the European Pilar of Social Rights, in the Member States;
2020/01/29
Committee: BUDG
Amendment 48 #

2019/2211(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Considers that the transition to this new growth model requires a significant amount of investment and some of the instruments envisaged in the next MFF 2021-2027 can play an important role in supporting the green transition;
2020/01/29
Committee: BUDG
Amendment 52 #

2019/2211(INI)

Draft opinion
Paragraph 6
6. Considers that the Member States and regions have different starting points when it comes to the transition and the efforts already made shall not be neglected; considers that the Just Transition Mechanism should ensure an adequate, inclusive and fair transition for all affected by environmental and climate transformation towards a neutral carbon economy;
2020/01/29
Committee: BUDG
Amendment 56 #

2019/2211(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Welcomes the initiative of the Commission to present a Sustainable Europe Investment Plan as a real catalyser to the necessary investments to deliver on the European Green Deal;
2020/01/29
Committee: BUDG
Amendment 58 #

2019/2211(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Underlines the importance, for the budgetary resources of the EU and its Member States, of fighting tax evasion, tax avoidance and aggressive tax planning; recalls that investment in this fight brings back financing power to national budgets much more easily and systematically than any saving performed on the back of the EU budget; considers that digital technologies will impact the way value added is created in the economy and that the European taxation system should be reformed to cope with this transformation;
2020/01/29
Committee: BUDG
Amendment 63 #

2019/2211(INI)

Draft opinion
Paragraph 7
7. Invites the Commission to continue to enhance the democratic accountability of the European Semester. and invites Member States to involve national parliaments, social partners and relevant stakeholders to collaborate more closely with the European Parliament in the context of the European Semester on the macroeconomic policy coordination;
2020/01/29
Committee: BUDG
Amendment 36 #

2019/2131(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission to develop the influence of competition policy in the world, in particular by stepping up cooperation with the USA and China; calls on the Commission to ensure that every trade agreement it negociates is based on a mutual respect for fair competition;
2020/01/10
Committee: ECON
Amendment 47 #

2019/2131(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to monitor foreign direct investment and not to limit itself to the screening mechanism; calls on the Commission to report on this monitoring exercise on a regular basis towards the EP;
2020/01/10
Committee: ECON
Amendment 86 #

2019/2131(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission to adopt a more favourable approach to industrial cooperation in order to foster the emergence of European leaders that are globally competitive, whilst fully taking into account what is best for the European end customer;
2020/01/10
Committee: ECON
Amendment 102 #

2019/2131(INI)

Motion for a resolution
Paragraph 7
7. Calls for aWelcomes the recent announcement by VP Vestager to review of the definition of the relevant market so as to move towards a longer-term vision encompassing the global dimension and potential future competition; calls the Commission to involve the EP fully in this review process;
2020/01/10
Committee: ECON
Amendment 266 #

2019/2131(INI)

Motion for a resolution
Paragraph 20
20. Reiterates that taxation is sometimesfar too often used to grant indirect State aid, creating an uneven playing field in the internal market;
2020/01/10
Committee: ECON
Amendment 274 #

2019/2131(INI)

21. Calls on the Commission to fully mobilise the state aid modernisation strategy, in particular for the energy transition; calls further on the Commission to follow the example of the UK Competition and market authority to investigate thoroughly and to propose further measures to address the quasi monopoly of the big four accountancy companies auditing the largest listed companies; highlights in this respect the recommendations of the UK Competition and market authority recommending for the separation of audit from consulting services, as well as the set up of mandatory ‘joint audit’ to enable firms outside the Big 4 to develop the capacity needed to review the biggest companies;
2020/01/10
Committee: ECON
Amendment 292 #

2019/2131(INI)

Motion for a resolution
Paragraph 22
22. CIn order to enhance coherence with existing legislation calls on the Commission to examine urgently the discrepancies between the rules on State aid in the area of liquidation aid and the resolution regime under the Bank Recovery and Resolution Directive, and following that to revise urgently its 2013 Banking Communication accordingly to ensure that tax payers do not have to pick up the bill of failing banks;
2020/01/10
Committee: ECON
Amendment 42 #

2019/2130(INI)

Motion for a resolution
Recital D
D. whereas the development of the Single Resolution Mechanism (SRM) whas efficientbeen successful but there is still work to do to ensure efficient application of the regulation;
2019/12/18
Committee: ECON
Amendment 47 #

2019/2130(INI)

Motion for a resolution
Recital D b (new)
D b. whereas recent large-scale money laundering scandals involving financial institutions in the EU demonstrate that prudential and anti-money laundering supervision cannot be treated separately and that a proper system of supervision and enforcement of EU legislation is lacking;
2019/12/18
Committee: ECON
Amendment 89 #

2019/2130(INI)

Motion for a resolution
Paragraph 4
4. Notes that bank profitability has increased steadily since 2012, with return on equity surpassing 6 % since 2017; unotes however that this still falls short of their cost of capital, which is estimated at around 8-10% for most banks, as underlined by the ECB and that Euro- area banks’ ROE also remains below that of some of their international peers, for instance US and Nordic banks. Underlines that the low risk and low interest rate environment has resulted in lower costs for provisions and losses; recalls the need to continuously evaluate the levels of financing to the economy and particularly to SMEs;
2019/12/18
Committee: ECON
Amendment 101 #

2019/2130(INI)

Motion for a resolution
Paragraph 5
5. Underlines the crucial role of the banking sector in channelling funding into sustainable investments and enabling the transition to a climate-neutral economy, while not endangering financial stability; underlines in this respect the importance of an adequate disclosure and risk assessment;
2019/12/18
Committee: ECON
Amendment 118 #

2019/2130(INI)

Motion for a resolution
Paragraph 6
6. Restates the importance of a safe asset in the euro area as a way to help stabilise financial markets and allow banks to reduce the exposure of their balance sheets to national sovereign debt; calls on the Commission to submit a legislative proposal for the creation of a true European safe asset and at the same time to look into a reform of measures related to the risk weight of sovereign debt exposures;
2019/12/18
Committee: ECON
Amendment 156 #

2019/2130(INI)

Motion for a resolution
Paragraph 9
9. Notes that the ratio of non- performing loans (NPLs) held by significant institutions has fallen by more than half from the start of ECB banking supervision, in November 2014, to June 2019; unotes that the ratio of NPL in certain Ms still remains high. Underlines the need to protect customers’ rights in the context of NPL transactions;
2019/12/18
Committee: ECON
Amendment 201 #

2019/2130(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the agreement on the exchange of information between the ECB and the AML/CFT supervisors; recalls its serious concern about regulatory and supervisory fragmentation in the AML/CFT area, which is ill-suited to supervise the increasing cross-border activity in the EU; welcomes, in this regard, the Council Conclusions of 5 December 2019, which give a mandate to the Commission to explore ways of ensuring better cooperation between authorities and conferring AML tasks to a Union body, and to turn certain parts of the Anti-money Laundering Directive into a Regulation, to ensure a single rulebook; calls on the Commission to start working on the overhaul of the EU AML framework and legislation to effectively address the risks posed by cross-border illegal activity to the integrity of the EU financial system and the security of EU citizens;
2019/12/18
Committee: ECON
Amendment 204 #

2019/2130(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the agreement on the exchange of information between the ECB and the AML/CFT supervisors; recalls its serious concern about regulatory and supervisory fragmentation in the AML/CFT area, which is ill-suited to supervise the increasing cross-border activity in the EU; calls on the Commission to start working asap on the overhaul of the EU AML framework and legislation to effectively address the risks posed by cross-border illegal activity to the integrity of the EU financial system and the security of EU citizens by turning the existing AML directives into regulations and by delegating more AML supervisory powers towards the EU level;
2019/12/18
Committee: ECON
Amendment 226 #

2019/2130(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the fact that the Single Resolution Board has not been required to take resolution action in 2019; urges the Commission to review whether the legislation is adequate to ensure that all banks could, if needed, be resolved without the need for taxpayers’ money; invites the Single Resolution Board to apply the legislation to all cases threatening financial stability; invites the Commission to follow up on the Financial Stability Board review of the ‘too big to fail’ legislation and consider if legislation to separate deposit-taking and investment banking should once again be considered; invites the Commission to revisit the Banking Communication of 2013 to take into account the developments after the post-crisis times and to ensure consistency with the crisis management framework; stresses the importance of further build- up of bail-inable own funds and debt in the banks’ balance sheets;
2019/12/18
Committee: ECON
Amendment 79 #

2019/2129(INI)

Motion for a resolution
Paragraph 3
3. Stresses that more fiscal policy is a necessary component for enhancing the impact of monetary policy and reducing possible side effects;
2019/11/15
Committee: ECON
Amendment 91 #

2019/2129(INI)

Motion for a resolution
Paragraph 4
4. Underlines the findings of the ESCB expert group on low wage growth1 , which analysed the disconnect between wage growth and labour market recovery, namely that low wage growth over recent years can be explained mainly by technology and wage bargaining shocks, the latter being impacted by changes in wage bargaining structure – reducing the bargaining power of employees – and labour market regulations – mainly in countries most affected by the global economic and financial crisis and the combination of labour underutilisation, low inflation readings and subdued productivity growth; and believes this is a regrettable trend. _________________ 1ECB Occasional Paper Series No 232 / September 2019: Understanding low wage growth in the euro area and European countries. https://www.ecb.europa.eu/pub/pdf/scpops/ ecb.op232~4b89088255.en.pdf
2019/11/15
Committee: ECON
Amendment 127 #

2019/2129(INI)

Motion for a resolution
Paragraph 5 – indent 4
- The creation of a safe asset guaranteed by euro-area Member States to foster the integration of bond markets;, provided the right conditions are fulfilled.
2019/11/15
Committee: ECON
Amendment 173 #

2019/2129(INI)

Motion for a resolution
Paragraph 9
9. Underlines that very low or negative interest rates offer opportunities to consumers, workers and borrowers, who can benefit from stronger economic momentum, lower unemployment and lower borrowing costs; notes that in the long term this could be a problem for savers and pensioners.
2019/11/15
Committee: ECON
Amendment 249 #

2019/2129(INI)

Motion for a resolution
Paragraph 15
15. Calls for the capital markets union (CMU) project to be accelerated in order to deepen financial integration and to improve the access of SME's to finance, with a view to improving resilience to shocks and making the transmission of monetary policy across the monetary union more effective;
2019/11/15
Committee: ECON
Amendment 275 #

2019/2129(INI)

Motion for a resolution
Paragraph 18
18. Agrees with Christine Lagarde that a review of the ECB’s monetary policy framework is timely and warranted in order to ensure that the ECB has the right tools to deliver on its price stability mandate in the future; calls on the ECB to organise a public consultation as part of this process in order to ensure that the review is open to input and feedback from a broad range of diverse civil society stakeholders; agrees further with Christine Lagarde that the ECB has to enhance its communication of the impact of its policies towards the European citizens.
2019/11/15
Committee: ECON
Amendment 5 #

2019/2126(INI)

Motion for a resolution
Citation 14 a (new)
- having regard to the Commission communication on the Sustainable Investment Plan, European Green Deal Investment Plan,
2020/01/29
Committee: BUDG
Amendment 8 #

2019/2126(INI)

Motion for a resolution
Citation 14 b (new)
- having regard to the Commission communication The European Green Deal,
2020/01/29
Committee: BUDG
Amendment 9 #

2019/2126(INI)

Motion for a resolution
Citation 14 c (new)
- having regard to the Commission proposal for a Regulation establishing the Just Transition Fund,
2020/01/29
Committee: BUDG
Amendment 10 #

2019/2126(INI)

Motion for a resolution
Citation 14 d (new)
- having regard to the report by the High-Level Group of Wise Persons on the European financial architecture for development,
2020/01/29
Committee: BUDG
Amendment 11 #

2019/2126(INI)

Motion for a resolution
Citation 14 e (new)
- having regard to the Commission evaluation Decision No 466/2014/EU of the European Parliament and the Council of 16 April 2014 granting an EU guarantee to the European Investment Bank against losses under financing operations supporting investment projects outside the Union,
2020/01/29
Committee: BUDG
Amendment 13 #

2019/2126(INI)

Motion for a resolution
Recital B
B. whereas the main credit rating agencies have given EIB bonds a AAA rating due, inter alia, to the fact that it belongs to the Member States and to its prudent risk management; whereas the EIB should maintain its high credit rating, in order to be able to secure the most preferential financial conditions in the capital markets;
2020/01/29
Committee: BUDG
Amendment 14 #

2019/2126(INI)

C. whereas EIB maintained profitability in 2018, with a net surplus of EUR 2.3 bn; whereas the EIB Group should maintain its high level of creditworthiness as well as a portfolio of solid and good- quality assets;
2020/01/29
Committee: BUDG
Amendment 15 #

2019/2126(INI)

Motion for a resolution
Recital D
D. whereas the EIB, being the world’s largest multilateral borrower and lender, and jointly owned by EU Member States, is the EU’s natural partner for the implementation of financial instruments, in close cooperation with national and multilateral financial institutions;
2020/01/29
Committee: BUDG
Amendment 16 #

2019/2126(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the Green Deal is one of the key policies of EU; whereas the European Investment Bank (EIB) plays an important role in financing the shift to a carbon-neutral, sustainable economy;
2020/01/29
Committee: BUDG
Amendment 17 #

2019/2126(INI)

Motion for a resolution
Recital D b (new)
D b. whereas the EIB Group is treaty- bound to contribute to EU integration, economic and social cohesion and regional development through various investment instruments such as loans, equities, guarantees, risk-sharing facilities and advisory services;
2020/01/29
Committee: BUDG
Amendment 18 #

2019/2126(INI)

Motion for a resolution
Recital E
E. whereas the Commission estimates the annual investment needed to achieve the EU’s 2030 targets at EUR 1 115 billion2 ; whereas the Commission Sustainable Investment Plan aims to unlock EUR 1 trillion investment in the next decade; _________________ 2 European Commission, SWD(2016) 405 final/2 of 6.12.2016, table 22 (scenario EUCO30, source: Primes model).
2020/01/29
Committee: BUDG
Amendment 21 #

2019/2126(INI)

Motion for a resolution
Recital E a (new)
E a. whereas ensuring additionality of EIB lending is important for the EIB leverage of public investments and support to sectors and regions attracting less investment;
2020/01/29
Committee: BUDG
Amendment 23 #

2019/2126(INI)

Motion for a resolution
Recital E b (new)
E b. whereas continuous attention should be focused on the development of best practices related to the EIB Group's performance policy and management, governance and transparency;
2020/01/29
Committee: BUDG
Amendment 27 #

2019/2126(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Notes the worsening world economic climate, where real GDP growth has slowed and global challenges are contributing to uncertainty; notes the weak levels of investment in the EU in the past decade; calls for more public and private investment in the EU at national, regional and local levels;
2020/01/29
Committee: BUDG
Amendment 28 #

2019/2126(INI)

Motion for a resolution
Paragraph -1 a (new)
-1 a. Notes the EIB's investment report 2019-2020, which highlights the challenges that the EU is facing in terms of competitiveness, such as, rising inequalities and insufficient levels of investment, especially in climate related R&D and digitalisation, which threaten Europe's economic future; urges the EIB to do its utmost to address these issues in its activities;
2020/01/29
Committee: BUDG
Amendment 29 #

2019/2126(INI)

Motion for a resolution
Paragraph -1 b (new)
-1 b. Welcomes the EIB Group's willingness to enhance EU competitiveness and provide support for growth and job creation, through support for innovation, SMEs, infrastructure, social cohesion and the climate and environment;
2020/01/29
Committee: BUDG
Amendment 30 #

2019/2126(INI)

Motion for a resolution
Paragraph -1 c (new)
-1 c. Supports the plans for a Sustainable Investment Plan to help close the investment gap and finance the transition to a carbon-neutral economy and ensure a just transition across the EU; underlines that the plan should take account of the experiences of previous programmes (the ‘Juncker Plan’) and place a special emphasis on truly additional investments of European added value; calls for coordinated actions to tackle the investment gap across the EU, including through the EU budget, financing from the EIB and other financial institutions and EU programmes, for example through InvestEU;
2020/01/29
Committee: BUDG
Amendment 31 #

2019/2126(INI)

Motion for a resolution
Paragraph -1 d (new)
-1 d. Considers that the EIB as the 'EU bank' incorporated and governed by the Treaties and the relevant Protocol annexed thereto, must live up to this unique status, which brings with it unique rights and responsibilities; notes that the role of the EIB in implementing EU policies is increasing with new responsibilities foreseen in the next MFF 2021-2027, for example in financing the Green Deal through involvement in InvestEU and the Just Transition Mechanism; underlines that increased responsibilities should mean increased accountability and external scrutiny, such as expanding the mandate of the Court of Auditors in assessing EIB activities, working closely with OLAF and EPPO, and increasing dialogue with the European Parliament;
2020/01/29
Committee: BUDG
Amendment 32 #

2019/2126(INI)

Motion for a resolution
Paragraph -1 e (new)
-1 e. Calls on the EIB to prioritise support through its lending activities to the achievement of the UN Sustainable Development Goals;
2020/01/29
Committee: BUDG
Amendment 33 #

2019/2126(INI)

Motion for a resolution
Paragraph 1
1. Notes that in 2018 the EIB invested EUR 64 billion in 854 projects; notes that the EIB adheres to the prudential principle with only 0.3% non-performing loans;
2020/01/29
Committee: BUDG
Amendment 41 #

2019/2126(INI)

Motion for a resolution
Paragraph 3
3. Calls on the EIB to greatly strengthen the arrangements for providing technical assistance and, financial expertise and capacity-building to local and regional authorities before project approval, in order to improve accessibility and; calls on the EIB to involve all Member States, and address systemic shortcomings that prevent some regions or countries from taking full advantage of the EIB's financial activities; calls for intensified cooperation with national promotional banks and institutions;
2020/01/29
Committee: BUDG
Amendment 49 #

2019/2126(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Welcomes that the EIB in 2009- 2018 supported cohesion objectives within the EU for more than EUR 200 billion;
2020/01/29
Committee: BUDG
Amendment 50 #

2019/2126(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Considers that innovation and skills are fundamental elements for ensuring sustainable growth and creating high-quality jobs and driving long-term competitiveness. Welcomes that in 2018, the EIB supported innovation and skills with EUR 13.5 billion; expects continuing support by the EIB in innovation and skills;
2020/01/29
Committee: BUDG
Amendment 52 #

2019/2126(INI)

Motion for a resolution
Paragraph 3 c (new)
3 c. Welcomes the EIB Group's Strategy on Gender Equality and the Gender Action Plan and looks forward to the Action Plan's second phase of implementation;
2020/01/29
Committee: BUDG
Amendment 53 #

2019/2126(INI)

Motion for a resolution
Paragraph 3 d (new)
3 d. Considers that Europe needs to accelerate the adoption of digital technologies and investment in digital infrastructure and skills to stay competitive; calls on the EIB to address the technological transition with enhanced support for digitalisation;
2020/01/29
Committee: BUDG
Amendment 55 #

2019/2126(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Regards that social projects' evaluation criteria should take into account the principles of the European Pillar of Social Rights; underlines, in this context, the importance of carrying out ex-ante and ex-post evaluations on the sustainability, competitiveness and economic, social and environmental impacts of projects;
2020/01/29
Committee: BUDG
Amendment 58 #

2019/2126(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Welcomes the steps the EIB has taken so far; calls on the EIB to improve reporting and evaluation of actual results achieved and analysis of actual economic, social and environmental impacts of its investments;
2020/01/29
Committee: BUDG
Amendment 59 #

2019/2126(INI)

Motion for a resolution
Paragraph 4 c (new)
4 c. Recalls that EIB funding should provide additionality to projects that would otherwise not be financed and support projects in line with EU goals in areas where markets fail to invest, to provide long-term financing as well as to encourage investments especially in regions and sectors where it is most needed;
2020/01/29
Committee: BUDG
Amendment 60 #

2019/2126(INI)

Motion for a resolution
Paragraph 4 d (new)
4 d. Calls on the EIB to follow up on the conclusions of the Court of Auditors special report 03/2019, which assessed whether EFSI was effective in raising finance to support additional investments within the whole EU; notes that the report concluded that some EFSI operations simply replaced other EIB operations and that part of the finance went to projects that could have used other sources of public or private finance, and in some cases, overstated the extent to which EFSI support actually induced additional investments;
2020/01/29
Committee: BUDG
Amendment 61 #

2019/2126(INI)

Motion for a resolution
Paragraph 4 e (new)
4 e. Considers that further external evaluation of the additional nature of the EIB lending policy is needed, and that the results of the evaluation should be made available to the public;
2020/01/29
Committee: BUDG
Amendment 62 #

2019/2126(INI)

Motion for a resolution
Paragraph 4 f (new)
4 f. Is of the opinion that following the publication of results of the external evaluation, it should be considered whether there is a need for a general increase of the EIB's capitalisation to allow for more long-term loans and innovative instruments in the financing of projects, with substantial potential for sustainability, social and innovation gains, including projects creating sustainable growth and reducing inequalities;
2020/01/29
Committee: BUDG
Amendment 63 #

2019/2126(INI)

Motion for a resolution
Paragraph 4 g (new)
4 g. Calls for the EIB to ensure good coordination, coherence and consistency between EU policies, funding instruments and investments, with a view to avoiding overlaps and enhancing synergies of their funding;
2020/01/29
Committee: BUDG
Amendment 64 #

2019/2126(INI)

Motion for a resolution
Subheading 2
A more climate- and just transition focused EIB
2020/01/29
Committee: BUDG
Amendment 66 #

2019/2126(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the decisions taken on 14 November 2019 by the EIB’s Management Board to align the EIB’s policies with the goal of limiting global warming to a maximum of 1.5°C above pre-industrial levels; welcomes the new energy lending policy and the new strategy for climate action and environmental sustainability adopted as a positive contribution towards the achievement of the European Green Deal; welcomes the fact that the EIB is to be transformed into the EU’s new Climate Bank with 50 % of its operations to be dedicated to climate action and environmental sustainability by 2025, with an end to its support for fossil fuel projects by 2021, and with all its financing activities aligned with the principles and goals of the Paris Agreement by 2020;
2020/01/29
Committee: BUDG
Amendment 75 #

2019/2126(INI)

Motion for a resolution
Paragraph 8
8. Calls for a detailed roadmap to be drawn up in 2020 to reach the overall target of 50% climate lending by 2025, as well as guarantees regarding the climate neutrality of the remaining loans, following an open and transparent public consultation process, and without compromising on other priorities, such as cohesion and competitiveness of the EU;
2020/01/29
Committee: BUDG
Amendment 79 #

2019/2126(INI)

Motion for a resolution
Paragraph 9
9. Calls for a strengthening of the eligibility criteria for climate action in order to avert the risk of investments not resulting in significant reductions in greenhouse gases (GHG), in particular with regard to bioenergy, low-carbon gases, carbon capture and storage and compensation programmes by ensuring coherence with relevant EU legislation and aligning EIB activities with the new taxonomy framework; considers that a general anti-abuse provision should support all EIB operations and be included in its declaration on environmental and social standards, which needs to be reviewed in 2020 and aligned with the 1.5°C global warming objective;
2020/01/29
Committee: BUDG
Amendment 82 #

2019/2126(INI)

Motion for a resolution
Paragraph 10
10. Is alarmed that of the 20 largest energy lending projects in 2017, only six included their carbon footprint in their environmental and social data sheets;deleted
2020/01/29
Committee: BUDG
Amendment 96 #

2019/2126(INI)

Motion for a resolution
Paragraph 13
13. INotes the decision by the EIB in 2013 to end support to the coal sector; is of the opinion that, in line with best practices in the commercial banking sector3 , EIB financing should be subject to ambitious scientific objectives and commitments, with a view to phasing out its support to clients whose activitiesprojects which lead to significant GHG emissions; _________________ 3 Crédit Agricole has undertaken to end support for undertakings which develop or plan to develop their activities in the coal sector. Crédit Agricole’s zero tolerance policy applies to all enterprises which develop or plan to develop their activities in the coal sector, ranging from extraction and energy production, to trade and transport.
2020/01/29
Committee: BUDG
Amendment 115 #

2019/2126(INI)

Motion for a resolution
Paragraph 17
17. Calls for rigorous policies to be implemented in carbon-intensive industrial sectors in which the EIB is active, such as cement, petrochemicals and steel, with a view to phasing out all ‘brown’ loans and aligning all sectoral loans, focusing on the promotion of a circular economyfocusing on the promotion of a circular economy, and with a view to aligning all sectoral loans to achieving climate neutrality by 2050, at the latest;
2020/01/29
Committee: BUDG
Amendment 117 #

2019/2126(INI)

Motion for a resolution
Paragraph 18
18. Reminds the EIB that biodiversity protection is a key element of adaptation to climate change and that the restoration of ecosystems is the only proven technology when it comes to negative emissions; calls on the EIB to include biodiversity- proofing components in their financial instruments in order to avoid adverse effects on biodiversity; invites the EIB to update its environmental and social standards; calls on the EIB to commit to ending the financing of projects which contribute to the loss and degradation of biodiversity and ecosystems, and to increase substantially its funding to achieve the EU’s objectives in this area, in particular the objective of zero net deforestation and the objectives of marine and coastal protection;
2020/01/29
Committee: BUDG
Amendment 123 #

2019/2126(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Urges the EIB and Member States to ensure a just transition towards a climate neutral economy; encourages the EIB to play an active role in supporting projects that contribute to a just transition, such as research, innovation and digitalisation, SMEs’ access to finance, and social investment and skills; calls for the EIB investment policy to provide targeted financing for European Green Deal initiatives as a matter of priority, while taking into account the additionality that EIB financing can provide in combination with other sources; stresses that coordination with other financing instruments is crucial given that the EIB alone cannot finance all of the European Green Deal initiatives;
2020/01/29
Committee: BUDG
Amendment 125 #

2019/2126(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Stresses the need for an anticipatory and participatory approach to ensure that all parts of society benefit from the transition; calls for support to regions, such as coal mining regions and carbon intensive regions, communities and workforces of sectors most affected by decarbonisation, also fostering the development of new joint projects and technologies for and with those communities and regions;
2020/01/29
Committee: BUDG
Amendment 128 #

2019/2126(INI)

Motion for a resolution
Paragraph 19 c (new)
19 c. Considers that for the EIB to become the EU's climate bank and play a role in the just transition, it needs to advance mechanisms to better incorporate the input from various stakeholders, such as local and regional authorities, trade unions, NGOs and relevant experts in its investment strategy;
2020/01/29
Committee: BUDG
Amendment 129 #

2019/2126(INI)

Motion for a resolution
Paragraph 19 d (new)
19 d. Notes that the EIB was a pioneer in launching the successful green bonds, which have raised more than EUR 23 billion over 11 years, with the global green bond market now worth more than EUR 400 billion; notes that a major challenge has been to set common standards so as to avoid green-washing; welcomes the EIB's new Sustainability Awareness Bonds, launched in 2018, designed to support investment in the UN Sustainable Development Goals; underlines the importance of setting common standards regarding these new bonds to ensure that projects are transparent, verifiable and measurable;
2020/01/29
Committee: BUDG
Amendment 131 #

2019/2126(INI)

Motion for a resolution
Paragraph 19 e (new)
19 e. Notes that as the associated risks tend to be higher, sustainable investments normally have higher yields than standard ones and volumes therefore tend to be subdued; considers that the liquidity of sustainable financial products' markets must be deepened and this can only be done by increasing the number of products on the market; highlights that the private sector alone cannot be expected to reach the critical mass and the public sector must be more present in the sustainable financial assets' markets and increase its market share hence allowing for lower risks, lower yields, higher market participation and higher liquidity; calls on the EIB to further help develop the green bonds market, using the forthcoming EU taxonomy framework for sustainable financing;
2020/01/29
Committee: BUDG
Amendment 133 #

2019/2126(INI)

Motion for a resolution
Paragraph 20
20. Welcomes the strong financial support of the EIB for SMEs with a total investment, in 2018, of EUR 23.27 billion, which has benefitted 374 000 companies employing 5 million people;
2020/01/29
Committee: BUDG
Amendment 137 #

2019/2126(INI)

Motion for a resolution
Paragraph 21
21. Considers that, given the strategic role of SMEs, the EIB should continue its financial support and reinforce its administrative and advisory capacities to provide information and technical support to SMEs with a view to facilitating their access to finance; considers that financing directed to innovative enterprises is especially needed;
2020/01/29
Committee: BUDG
Amendment 144 #

2019/2126(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Suggests that the EIB further green its SME portfolio, for example, by earmarking higher shares to greener projects and by providing support to intermediary banks for setting up products that incentivise energy efficiency or renewable energy investments;
2020/01/29
Committee: BUDG
Amendment 147 #

2019/2126(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Suggests that the EIB support SME digitalisation to close the digital divide, which is growing between larger and younger firms and smaller and older firms in Europe;
2020/01/29
Committee: BUDG
Amendment 149 #

2019/2126(INI)

Motion for a resolution
Subheading 4
The External Lending Mandate (ELM)Lending outside the EU
2020/01/29
Committee: BUDG
Amendment 158 #

2019/2126(INI)

Motion for a resolution
Paragraph 23
23. Urges the EIB, the largest multilateral lender in the world, to maintain its leading role in future EU financing mechanisms for third countries; opposnotes the recent initiatives to encourage the EIB to be more active in defence and security, migration management and border control;
2020/01/29
Committee: BUDG
Amendment 160 #

2019/2126(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Notes that around 10% of EIB lending goes to external countries; notes that most support is allocated in Upper Middle Income Countries with only a few operations financed by the EIB in the Least Developed Countries;
2020/01/29
Committee: BUDG
Amendment 161 #

2019/2126(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Notes the recent statements by the EIB President Werner Hoyer on the EIB's focus on development; notes that the EIB has proposed a dedicated development subsidiary, the European Bank for Sustainable Development;
2020/01/29
Committee: BUDG
Amendment 162 #

2019/2126(INI)

Motion for a resolution
Paragraph 23 c (new)
23 c. Notes the Commission evaluation of the EU guarantee to the EIB against losses under financing operations supporting investment projects outside the Union; considers that the EIB should improve coherence and alignment of itse external lending with EU foreign and development policy goals and Member States' interventions, to best support EU policy objectives;
2020/01/29
Committee: BUDG
Amendment 163 #

2019/2126(INI)

Motion for a resolution
Paragraph 23 d (new)
23 d. Encourages the EIB to improve its expertise on development projects, particularly projects involving direct loans to the private sector;
2020/01/29
Committee: BUDG
Amendment 164 #

2019/2126(INI)

Motion for a resolution
Paragraph 23 e (new)
23 e. Encourages the EIB to enhance local cooperation, including before and during the implementation of projects, and to improve cooperation with EU delegations;
2020/01/29
Committee: BUDG
Amendment 165 #

2019/2126(INI)

23 f. Considers that the EIB should enhance monitoring of projects and improve reporting and evaluation of actual results achieved and analysis of actual economic, social and environmental impacts; suggests therefore an increase of numbers of its local staff in partner countries;
2020/01/29
Committee: BUDG
Amendment 166 #

2019/2126(INI)

Motion for a resolution
Paragraph 23 g (new)
23 g. Notes that climate related financing signed in 2014-2018 is above the ELM target of 25%;
2020/01/29
Committee: BUDG
Amendment 167 #

2019/2126(INI)

Motion for a resolution
Paragraph 23 h (new)
23 h. Asks the EIB to make full use of contractual clauses enabling it to suspend disbursements in cases of projects' non- compliance with environmental, social, human rights, tax and transparency standards;
2020/01/29
Committee: BUDG
Amendment 174 #

2019/2126(INI)

Motion for a resolution
Paragraph 26
26. Urges the EIB to adopt a comprehensive and coherent human rights strategy, which, in the context of the forthcoming revision of its environmental social standards policy, to strengthen human rights principles, includesing the risk of reprisals against human rights defenders; recommends that this strategy include thee revised policy considers systematic assessment of human rights risks, including an ex-ante evaluation, and continuous monitoring on the ground; calls on the EIB to include in its contracts clauses allowing for the suspension of disbursements in the case of serious violations of human rights or environmental and social standards;
2020/01/29
Committee: BUDG
Amendment 179 #

2019/2126(INI)

Motion for a resolution
Paragraph 27
27. Recommends that the EIB recruit human rights specialists in local partner countries so that it has a better understanding of local situations and can monitor any abuses;
2020/01/29
Committee: BUDG
Amendment 193 #

2019/2126(INI)

Motion for a resolution
Paragraph 30
30. Asks the EIB, whilst respecting applicable EU legislation, to publish all information relating to direct loans subject to the approval of the Management Board, including by publishing for each project the opinion of the Commission and that of the Member State in which the project is located;
2020/01/29
Committee: BUDG
Amendment 203 #

2019/2126(INI)

Motion for a resolution
Paragraph 33
33. Calls for the regulatory framework governing the EIB’s duty of care obligations to be revised, in particular to strengthen the contractual terms with its clients, for example, regarding fraud and corruption;
2020/01/29
Committee: BUDG
Amendment 205 #

2019/2126(INI)

Motion for a resolution
Paragraph 33 a (new)
33 a. Calls on the EIB to strengthen its anti-fraud and anti-corruption policies and ensure adequate resources to better protect EU financial interests;
2020/01/29
Committee: BUDG
Amendment 206 #

2019/2126(INI)

33 b. Calls on the EIB to step up its due diligence obligations in line with the EU Anti-Money Laundering legislation, and provide a complete regulatory framework to allow the Bank to effectively prevent involvement in illegal activity and ensure a proper sanctioning regime for failure to comply with EU law;
2020/01/29
Committee: BUDG
Amendment 207 #

2019/2126(INI)

Motion for a resolution
Paragraph 34
34. Expects the EIB to adapt its internal policies to take account of the new legal framework put in place to combat not only tax fraud but also tax evasion; Encourages the EIB to work with the European Anti- Fraud Office (OLAF) and national authorities to prevent fraud and money laundering, and to ensure that the European Public Prosecutor (EPPO) takes a proactive interest in the EIB’s activities; takes the view that EPPO should in the future have a mandate to prosecute criminal activity with regards to EIB funds in the EU Member States, which are members of EPPO; calls for adequate financial resources to be allocated for such a new task;
2020/01/29
Committee: BUDG
Amendment 210 #

2019/2126(INI)

Motion for a resolution
Paragraph 35
35. Welcomes the adoption of the revised EIB Group policy towards weakly regulated, non-transparent and non- cooperative jurisdictions8 ; expects the EIB to adopt detailed operational procedures and due diligence measures to implement the new NCJ policy; stresses the importance of ensuring the good quality of information on final beneficiaries and calls on the EIB to publish on its website the beneficial ownership of its clients; calls on the EIB to adopt more stringent tax transparency standards, namely subjecting the granting of direct and indirect loans to country by country publication of tax and accounting data; _________________ 8 EIB, ‘EIB Group Policy towards weakly regulated, non-transparent and non- cooperative jurisdictions and tax good governance’, March 2019.
2020/01/29
Committee: BUDG
Amendment 217 #

2019/2126(INI)

Motion for a resolution
Paragraph 37
37. Calls foron the Commission, the European Court of Auditors to be fully empowered to audit all EIB operations(ECA) and the EIB to enhance the role of the ECA, in the upcoming renewal of the tripartite Agreement governing the rules of engagement; calls for the ECA to be fully empowered to audit all EIB operations, including evaluating the cost-effectiveness of he EIB's investment efforts and the additionality of its projects, and for it to draw up an annual report on the results of its external lending activities;
2020/01/29
Committee: BUDG
Amendment 44 #

2018/0135(CNS)

Proposal for a decision
Recital 3
(3) In June 2017 the Commission adopted a Reflection Paper on the Future of EU Finances18 . The Commission proposes a range of options linking Own Resources more visibly to Union policies, in particular the single market and sustainable growth. According to the paper, in introducing new Own Resources, it is necessary to pay attention to their transparency, simplicity and stability, their consistency with Union policy objectives, their impact on competitiveness and sustainable growth and their equitable breakdown among Member States. Equity and fairness are important principles and necessary conditions for the system of EU own resources. The Commission should present a thorough impact assessment evaluating the impact of each proposed new own resource on the competitiveness of the EU and on Member States to ensure an equal impact on equivalent taxpayers across the EU. _________________ 18 COM(2017)358 final of 28 June 2017. Or. en (NOTE: the text comes from COM(2018)0325)
2020/07/20
Committee: BUDG
Amendment 28 #

2015/0270(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) To progress towards a fair and equitable joint EU deposit insurance scheme with loss coverage, it is important that a comprehensive, independent and system-wide asset quality review is conducted in each of the participating Member States to ensure that the risk levels in the respective banking systems are at comparable levels.
2024/03/13
Committee: ECON