1546 Amendments of Eero HEINÄLUOMA
Amendment 132 #
2023/2119(INI)
Motion for a resolution
Recital B i (new)
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;
Amendment 136 #
2023/2119(INI)
Motion for a resolution
Recital B j (new)
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;
Amendment 244 #
2023/2119(INI)
Motion for a resolution
Paragraph 10 a (new)
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;
Amendment 329 #
2023/2119(INI)
Motion for a resolution
Paragraph 17 a (new)
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;
Amendment 463 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
Amendment 469 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 c (new)
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;
Amendment 474 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 e (new)
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;
Amendment 494 #
2023/2119(INI)
Motion for a resolution
Paragraph 27 a (new)
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;
Amendment 499 #
2023/2119(INI)
Motion for a resolution
Paragraph 27 b (new)
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;
Amendment 119 #
2023/2106(INI)
Motion for a resolution
Paragraph 13 b (new)
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;
Amendment 28 #
2023/0237(COD)
Proposal for a regulation
Citation 3 a (new)
Citation 3 a (new)
Having regard to the opinion of the European Central Bank.
Amendment 30 #
2023/0237(COD)
Proposal for a regulation
Recital 3
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.
Amendment 31 #
2023/0237(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
Amendment 32 #
2023/0237(COD)
Proposal for a regulation
Recital 6
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).
Amendment 47 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009)
Article 16 a – title
Article 16 a – title
Statistical response to crisis and urgent policy needs.
Amendment 48 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 223/2009
Article 16 a – paragraph 1
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:
Amendment 58 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 c – paragraph 2 – point b
Article 17 c – paragraph 2 – point b
(b) concern, insofar as possible, non- personal data.
Amendment 64 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 e – paragraph 1 – point c
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.
Amendment 65 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009)
Article 17 e – paragraph 1 a (new)
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.
Amendment 67 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 f – title
Article 17 f – title
Data sharing in the ESS and between the ESS and the ESCB.
Amendment 71 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 223/2009
Article 17 f – paragraph 2 a (new)
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.
Amendment 75 #
2023/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 223/2009
Article 25 – paragraph 1
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.
Amendment 109 #
2023/0167(COD)
Proposal for a directive
Recital 3
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.
Amendment 115 #
2023/0167(COD)
Proposal for a directive
Recital 4
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.
Amendment 116 #
2023/0167(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 124 #
2023/0167(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 129 #
2023/0167(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 161 #
2023/0167(COD)
Proposal for a directive
Recital 20
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.
Amendment 165 #
2023/0167(COD)
Proposal for a directive
Recital 21 a (new)
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.
Amendment 166 #
2023/0167(COD)
Proposal for a directive
Recital 21 b (new)
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.
Amendment 167 #
2023/0167(COD)
Proposal for a directive
Recital 22
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.
Amendment 173 #
2023/0167(COD)
Proposal for a directive
Recital 27
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.
Amendment 175 #
2023/0167(COD)
Proposal for a directive
Recital 28
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.
Amendment 186 #
2023/0167(COD)
Proposal for a directive
Recital 36
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.
Amendment 216 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point c a (new)
Article 1 – paragraph 1 – point 8 – point c a (new)
Directive 2014/65/EU
Article 16 – paragraph 6 a (new)
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.
Amendment 219 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point d
Article 1 – paragraph 1 – point 8 – point d
Directive 2014/65/EU
Article 16 – paragraph 7 a – subparagraph 2
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.
Amendment 259 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 1 – subparagraph 4
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´.
Amendment 271 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 2 – point a
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;.
Amendment 316 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 5 – subparagraph 1
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.
Amendment 326 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 6 – subparagraph 1 – point a
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;.
Amendment 336 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 7 – introductory part
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:
Amendment 347 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 7 a (new)
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.
Amendment 399 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 13 (new)
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.
Amendment 402 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2014/65/EU
Article 23 – paragraph 1
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.
Amendment 406 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2014/65/EU
Article 24 – paragraph 1 a
Article 24 – paragraph 1 a
Amendment 442 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e – point i – indent 2 – introductory part
Article 1 – paragraph 1 – point 12 – point e – point i – indent 2 – introductory part
Directive 2014/65/EU
Article 24 – paragraph 4 – point a
Article 24 – paragraph 4 – point a
– in point (a), the point (ii) is deleted and the following points (iv) and (v) are added:
Amendment 452 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5 c – subparagraph 2
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.
Amendment 468 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point j – point ii
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.;
Amendment 478 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 1
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.
Amendment 496 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 3
Article 24a – paragraph 3
Amendment 521 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24a – paragraph 7
Article 24a – paragraph 7
Amendment 529 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24a – paragraph 8
Article 24a – paragraph 8
Amendment 538 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – title
Article 24b – title
Information on costs, and associated charges and third-party payments
Amendment 539 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 1
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.
Amendment 541 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – introductory part
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:
Amendment 542 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – point a
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;
Amendment 544 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – point c
Article 24b – paragraph 1 – subparagraph 2 – point c
Amendment 547 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 2 – point d a (new)
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.
Amendment 549 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 3
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.
Amendment 552 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 4
Article 24b – paragraph 1 – subparagraph 4
Amendment 559 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 1 – subparagraph 5
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.
Amendment 569 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point a
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;
Amendment 571 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point aa (new)
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.
Amendment 572 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point b
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.
Amendment 575 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 2 – subparagraph 1 – point b a (new)
Article 24b – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the methodology for the calculation of costs.
Amendment 591 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 4 – subparagraph 4
Article 24b – paragraph 4 – subparagraph 4
Amendment 592 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 4 – subparagraph 4 a (new)
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."
Amendment 593 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 4 – subparagraph 5
Article 24b – paragraph 4 – subparagraph 5
Amendment 595 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24b – paragraph 5
Article 24b – paragraph 5
Amendment 607 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24c – paragraph 2 – subparagraph 3
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.
Amendment 626 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24c – paragraph 8 – point b
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.
Amendment 629 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65
Article 24d – paragraph 2 – subparagraph 1
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.
Amendment 680 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2014/65
Article 88 a
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.
Amendment 695 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Directive (EU) 2016/97
Article 2 – paragraph 1 – point 22
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;
Amendment 707 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b – point i
Article 2 – paragraph 1 – point 5 – point b – point i
Directive (EU) 2016/97
Article 10 – paragraph 2 – subparagraph 2
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.
Amendment 711 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Directive (EU) 2016/97
Article 12 – paragraph 2a (new)
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.
Amendment 713 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2016/97
Article 12b – paragraph 1
Article 12b – paragraph 1
Amendment 716 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2016/97
Article 14
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.
Amendment 718 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Directive 2016/97
Article 16 a
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.
Amendment 723 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12 – point b – point iii
Article 2 – paragraph 1 – point 12 – point b – point iii
Directive 2016/97
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 763 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 2
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.
Amendment 771 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 4 – subparagraph 1 – point a
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.
Amendment 799 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 6
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.
Amendment 803 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 7 – introductory part
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:
Amendment 809 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph – 7 a (new)
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.
Amendment 826 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
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.
Amendment 849 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive 2016/97
Article 25 – paragraph 12 a (new)
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.
Amendment 856 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
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.
Amendment 868 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 8 – subparagraph 1 – point b
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.;
Amendment 893 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 1 – point d
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;
Amendment 896 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 2
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.
Amendment 899 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 3
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.
Amendment 904 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
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.
Amendment 909 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 2 – subparagraph 5
Article 29 – paragraph 2 – subparagraph 5
Amendment 913 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 3 – point a
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;
Amendment 921 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 3 a (new)
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.
Amendment 927 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 5 – subparagraph 2
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.
Amendment 946 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 1 – subparagraph 1
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.
Amendment 950 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 2
Article 29 a – paragraph 2
Amendment 957 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 4 – subparagraph 1
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.
Amendment 967 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 5 – point b
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.
Amendment 968 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 6
Article 29 a – paragraph 6
Amendment 983 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 1 – point a
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;
Amendment 1009 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 1 – point d
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.
Amendment 1012 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 1 a (new)
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.
Amendment 1044 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 – point d
Article 2 – paragraph 1 – point 22 – point d
Directive 2016/97
Article 30 – paragraph 5 a – subparagraph 1
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.
Amendment 1079 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65
Article 14 – paragraph 1 e – subparagraph 1
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.
Amendment 1083 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65
Article 14 – paragraph 1 e – subparagraph 2
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.
Amendment 1090 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 f a (new)
Article 14 – paragraph 1 f a (new)
Amendment 1091 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 f b (new)
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.
Amendment 1105 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a – introductory part
Article 5 – paragraph 1 – point 1 – point a – introductory part
(a) the following paragraphs 1a to 1fg are inserted:
Amendment 1122 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61
Article 12 – paragraph 1 e – subparagraph 1
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.
Amendment 1126 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
directive 2011/61
Article 12 – paragraph 1 e – subparagraph 2
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.
Amendment 1132 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 f a (new)
Article 12 – paragraph 1 f a (new)
Amendment 1133 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 f b (new)
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.
Amendment 39 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1286/2014
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 40 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 1286/2014
Article 6 – paragraph 3 – introductory part
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.
Amendment 58 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1286/2014
Article 6 – paragraph 4 a (new)
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.”
Amendment 59 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) No 1286/2014
Article 6 – paragraph 5 a (new)
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.”
Amendment 82 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point f – subparagraph 1
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."
Amendment 90 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga – point ii a (new)
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;
Amendment 91 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga – point ii b (new)
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;
Amendment 101 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 1286/2014
Article 13 – paragraph 1 a (new)
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.”
Amendment 120 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 1286/2014
Article 16 – paragraph 2
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.”
Amendment 118 #
2023/0115(COD)
Proposal for a directive
Recital 26
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
Amendment 254 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 1
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.
Amendment 255 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 2
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.
Amendment 258 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 3
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.
Amendment 275 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11c – paragraph 1
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.
Amendment 281 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11c – paragraph 4
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.
Amendment 312 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Directive 2014/49/EU
Article 14 – paragraph 2a
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.
Amendment 27 #
2023/0113(COD)
Proposal for a directive
Recital 8
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.
Amendment 41 #
2023/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/59/EU
Article – 45c – paragraph 2a – subparagraph 2 – introductory part
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:
Amendment 57 #
2023/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2014/59/EU
Article 45f – paragraph 1 – subparagraph 3a – point b
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.;
Amendment 39 #
2023/0112(COD)
Proposal for a directive
Recital 2
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.
Amendment 53 #
2023/0112(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 69 #
2023/0112(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 88 #
2023/0112(COD)
Proposal for a directive
Recital 26
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.
Amendment 92 #
2023/0112(COD)
Proposal for a directive
Recital 29
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.
Amendment 110 #
2023/0112(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 129 #
2023/0112(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 135 #
2023/0112(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 238 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2014/59/EU
Article 31– paragraph 2 – point c
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;
Amendment 273 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2014/59/EU
Article 32 – paragraph 5 – subparagraph 2
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.
Amendment 299 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 1 – point a – introductory part
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:
Amendment 325 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 2 – subparagraph 3
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.
Amendment 430 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point a
Article 1 – paragraph 1 – point 55 – point a
Directive 2014/59/EU
Article 108 – paragraph 1 – introductory part
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:
Amendment 463 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Directive 2014/59/EU
Article 109
Article 109
Amendment 60 #
2023/0111(COD)
Proposal for a regulation
Recital 2
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.
Amendment 69 #
2023/0111(COD)
Proposal for a regulation
Recital 10
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.
Amendment 87 #
2023/0111(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 106 #
2023/0111(COD)
Proposal for a regulation
Recital 31
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.
Amendment 190 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) No 806/2014
Article 13c – paragraph 7
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.
Amendment 191 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
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:
Amendment 193 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EU) No 806/2014
Article 14 – paragraph 2 – point c
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;
Amendment 199 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EU) No 806/2014
Article 14 – paragraph 2 – point d
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;;
Amendment 224 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 806/2014
Article 18 – paragraph 5 – subparagraph 2
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.
Amendment 231 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 1 – introductory part
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:
Amendment 235 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 1 – point a – introductory part
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:
Amendment 243 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 1 – point d
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.
Amendment 249 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 3
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 inspectitution’s 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.
Amendment 261 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Article 1 – paragraph 1 – point 21 – point b
Regulation (EU) No 806/2014
Article 19 – paragraph 3 – subparagraph 7
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.;
Amendment 272 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Regulation (EU) No 806/2014
Article 27 – paragraph 7 – point a
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;
Amendment 278 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point b
Article 1 – paragraph 1 – point 24 – point b
Regulation (EU) No 806/2014
Article 27 – paragraph 9 – point b
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.
Amendment 1 #
2022/2196(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the Council conclusions on women, peace and security of 14 November 2022,
Amendment 2 #
2022/2196(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the fourth and final Annual Review Conference of the Civilian CSDP Compact on 16 November 2022,
Amendment 33 #
2022/2196(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas Member States are responsible for providing missions’ capability requirements, pursuant to art 42 TEU;
Amendment 34 #
2022/2196(INI)
Motion for a resolution
Recital D b (new)
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;
Amendment 47 #
2022/2196(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 52 #
2022/2196(INI)
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 67 #
2022/2196(INI)
Motion for a resolution
Paragraph 4 – point g
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,
Amendment 69 #
2022/2196(INI)
Motion for a resolution
Paragraph 4 – point h
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;
Amendment 81 #
2022/2196(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 86 #
2022/2196(INI)
Motion for a resolution
Paragraph 5 b (new)
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;
Amendment 92 #
2022/2196(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 115 #
2022/2196(INI)
Motion for a resolution
Paragraph 10 a (new)
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;
Amendment 121 #
2022/2196(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 124 #
2022/2196(INI)
Motion for a resolution
Paragraph 12 a (new)
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;
Amendment 134 #
2022/2196(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 136 #
2022/2196(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 143 #
2022/2196(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 158 #
2022/2196(INI)
Motion for a resolution
Paragraph 19 a (new)
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;
Amendment 162 #
2022/2196(INI)
Motion for a resolution
Paragraph 19 b (new)
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;
Amendment 164 #
2022/2196(INI)
Motion for a resolution
Paragraph 19 c (new)
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;
Amendment 165 #
2022/2196(INI)
Motion for a resolution
Paragraph 19 d (new)
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;
Amendment 176 #
2022/2196(INI)
Motion for a resolution
Paragraph 21 a (new)
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;
Amendment 9 #
2022/2150(INI)
Motion for a resolution
Recital B
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
Amendment 19 #
2022/2150(INI)
Motion for a resolution
Recital C a (new)
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;
Amendment 26 #
2022/2150(INI)
Motion for a resolution
Recital D a (new)
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;
Amendment 46 #
2022/2150(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 64 #
2022/2150(INI)
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 67 #
2022/2150(INI)
Motion for a resolution
Paragraph 2 b (new)
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;
Amendment 105 #
2022/2150(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 168 #
2022/2150(INI)
Motion for a resolution
Paragraph 11 b (new)
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;
Amendment 1 #
2022/2145(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the Council conclusions of 19 November 2018 on the establishment of a Civilian CSDP Compact,
Amendment 17 #
2022/2145(INI)
Motion for a resolution
Recital A
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;
Amendment 32 #
2022/2145(INI)
Motion for a resolution
Recital B
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;
Amendment 41 #
2022/2145(INI)
Motion for a resolution
Recital C
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;
Amendment 49 #
2022/2145(INI)
Motion for a resolution
Recital D
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;
Amendment 60 #
2022/2145(INI)
Motion for a resolution
Recital G
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;
Amendment 97 #
2022/2145(INI)
Motion for a resolution
Recital K
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;
Amendment 122 #
2022/2145(INI)
Motion for a resolution
Recital N
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;
Amendment 131 #
2022/2145(INI)
Motion for a resolution
Recital P
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;
Amendment 151 #
2022/2145(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 183 #
2022/2145(INI)
Motion for a resolution
Paragraph 2 – point b
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;
Amendment 206 #
2022/2145(INI)
Motion for a resolution
Paragraph 2 – point d
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;
Amendment 253 #
2022/2145(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 285 #
2022/2145(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 293 #
2022/2145(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 10 #
2022/2079(INI)
Draft opinion
Paragraph 1
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;
Amendment 18 #
2022/2079(INI)
Draft opinion
Paragraph 2
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;
Amendment 25 #
2022/2079(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 26 #
2022/2079(INI)
Draft opinion
Paragraph 2 b (new)
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;
Amendment 30 #
2022/2079(INI)
Draft opinion
Paragraph 3
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;
Amendment 41 #
2022/2079(INI)
Draft opinion
Paragraph 4
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;
Amendment 42 #
2022/2079(INI)
Draft opinion
Paragraph 4 a (new)
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;
Amendment 43 #
2022/2079(INI)
Draft opinion
Paragraph 4 b (new)
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;
Amendment 44 #
2022/2079(INI)
Draft opinion
Paragraph 5
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;
Amendment 52 #
2022/2079(INI)
Draft opinion
Paragraph 5 a (new)
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;
Amendment 56 #
2022/2079(INI)
Draft opinion
Paragraph 5 b (new)
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;
Amendment 58 #
2022/2079(INI)
Draft opinion
Paragraph 5 c (new)
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;
Amendment 59 #
2022/2079(INI)
Draft opinion
Paragraph 5 d (new)
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;
Amendment 62 #
2022/2079(INI)
Draft opinion
Paragraph 6
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;
Amendment 67 #
2022/2079(INI)
Draft opinion
Paragraph 7
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;
Amendment 79 #
2022/2079(INI)
Draft opinion
Paragraph 8
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;
Amendment 80 #
2022/2079(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 81 #
2022/2079(INI)
Draft opinion
Paragraph 8 b (new)
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;
Amendment 82 #
2022/2079(INI)
Draft opinion
Paragraph 8 c (new)
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;
Amendment 84 #
2022/2079(INI)
Draft opinion
Paragraph 9
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;
Amendment 90 #
2022/2079(INI)
Draft opinion
Paragraph 9 a (new)
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;
Amendment 91 #
2022/2079(INI)
Draft opinion
Paragraph 9 b (new)
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;
Amendment 100 #
2022/2079(INI)
Draft opinion
Paragraph 11
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.;
Amendment 4 #
2022/2062(INI)
Draft opinion
Paragraph 1
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;
Amendment 9 #
2022/2062(INI)
Draft opinion
Paragraph 2
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;
Amendment 13 #
2022/2062(INI)
Draft opinion
Paragraph 2 a (new)
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;
Amendment 13 #
2022/2062(INI)
Motion for a resolution
Recital C c (new)
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;
Amendment 16 #
2022/2062(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 18 #
2022/2062(INI)
Motion for a resolution
Recital C a (new)
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;
Amendment 19 #
2022/2062(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 20 #
2022/2062(INI)
Motion for a resolution
Recital C d (new)
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;
Amendment 22 #
2022/2062(INI)
Draft opinion
Paragraph 3
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;
Amendment 22 #
2022/2062(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 23 #
2022/2062(INI)
Motion for a resolution
Paragraph 1 b (new)
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;
Amendment 24 #
2022/2062(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 26 #
2022/2062(INI)
Draft opinion
Paragraph 4
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.
Amendment 32 #
2022/2062(INI)
Draft opinion
Paragraph 5
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;
Amendment 32 #
2022/2062(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
Amendment 36 #
2022/2062(INI)
Draft opinion
Paragraph 5 a (new)
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;
Amendment 44 #
2022/2062(INI)
Motion for a resolution
Paragraph 8 b (new)
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;
Amendment 45 #
2022/2062(INI)
Motion for a resolution
Paragraph 8 a (new)
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;
Amendment 48 #
2022/2062(INI)
Draft opinion
Paragraph 6
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;
Amendment 50 #
2022/2062(INI)
Motion for a resolution
Paragraph 8 c (new)
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;
Amendment 51 #
2022/2062(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 56 #
2022/2062(INI)
Draft opinion
Paragraph 7
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;
Amendment 72 #
2022/2062(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 73 #
2022/2062(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 77 #
2022/2062(INI)
Motion for a resolution
Paragraph 17
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;
Amendment 83 #
2022/2062(INI)
Motion for a resolution
Paragraph 18 a (new)
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;
Amendment 103 #
2022/2062(INI)
Motion for a resolution
Paragraph 23
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;
Amendment 105 #
2022/2062(INI)
Motion for a resolution
Paragraph 23 a (new)
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;
Amendment 107 #
Amendment 108 #
2022/2062(INI)
Motion for a resolution
Paragraph 23 b (new)
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;
Amendment 109 #
2022/2062(INI)
Motion for a resolution
Paragraph 23 c (new)
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;
Amendment 110 #
2022/2062(INI)
Motion for a resolution
Paragraph 23 d (new)
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;
Amendment 127 #
2022/2062(INI)
Motion for a resolution
Paragraph 26
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;
Amendment 128 #
2022/2062(INI)
Motion for a resolution
Paragraph 26 a (new)
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;
Amendment 132 #
2022/2062(INI)
Motion for a resolution
Paragraph 27 a (new)
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;
Amendment 136 #
2022/2062(INI)
Motion for a resolution
Paragraph 29
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;
Amendment 137 #
2022/2062(INI)
Motion for a resolution
Paragraph 30
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;
Amendment 140 #
2022/2062(INI)
Motion for a resolution
Paragraph 31 a (new)
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;
Amendment 141 #
2022/2062(INI)
Motion for a resolution
Paragraph 32
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;
Amendment 143 #
2022/2062(INI)
Motion for a resolution
Paragraph 33
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;
Amendment 11 #
2022/0405(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 12 #
2022/0405(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 14 #
2022/0405(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 37 #
2022/0405(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/65/EC
Article 24 – paragraph 9 a – point c
Article 24 – paragraph 9 a – point c
Amendment 45 #
2022/0405(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/65/EC
Article 24 – paragraph 9 a – subparagraph 2 (new)
Article 24 – paragraph 9 a – subparagraph 2 (new)
Amendment 49 #
2022/0405(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 2014/65/EC
Article 24 – paragraph 9 b (new)
Article 24 – paragraph 9 b (new)
Amendment 110 #
2022/0219(COD)
Proposal for a regulation
Recital 15
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.
Amendment 146 #
2022/0219(COD)
Proposal for a regulation
Recital 21
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.
Amendment 19 #
2022/0212(BUD)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
Amendment 27 #
2022/0212(BUD)
Motion for a resolution
Paragraph 2
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;
Amendment 55 #
2022/0212(BUD)
Motion for a resolution
Paragraph 7 a (new)
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;
Amendment 68 #
2022/0212(BUD)
Motion for a resolution
Paragraph 11
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;
Amendment 71 #
2022/0212(BUD)
Motion for a resolution
Paragraph 12
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;
Amendment 105 #
2022/0212(BUD)
Motion for a resolution
Paragraph 25
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;
Amendment 108 #
2022/0212(BUD)
Motion for a resolution
Paragraph 27
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;
Amendment 130 #
2022/0212(BUD)
Motion for a resolution
Paragraph 39
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;
Amendment 133 #
2022/0212(BUD)
Motion for a resolution
Paragraph 40
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;
Amendment 152 #
2022/0212(BUD)
Motion for a resolution
Paragraph 49 a (new)
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;
Amendment 163 #
2022/0212(BUD)
Motion for a resolution
Paragraph 55 a (new)
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;
Amendment 164 #
2022/0212(BUD)
Motion for a resolution
Paragraph 55 a (new)
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;
Amendment 176 #
2022/0212(BUD)
Motion for a resolution
Paragraph 58 – point f
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;
Amendment 635 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
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;
Amendment 662 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
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.)
Amendment 664 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 665 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
Amendment 669 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
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;
Amendment 706 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
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.
Amendment 770 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
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.
Amendment 795 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
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.
Amendment 807 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
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.
Amendment 1169 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 1
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 .
Amendment 1183 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
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:
Amendment 1192 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
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
Amendment 1209 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
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.
Amendment 1210 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
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).
Amendment 1218 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3 (new)
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;
Amendment 1287 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1
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).
Amendment 1490 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
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:
Amendment 1616 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
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;
Amendment 1798 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
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);
Amendment 1806 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d
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);
Amendment 2009 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
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;
Amendment 2294 #
2022/0195(COD)
Proposal for a regulation
Annex VI – row 4Text proposed by the Commission
Annex VI – row 4Text proposed by the Commission
Amendment 61 #
2022/0167(COD)
Proposal for a directive
Recital 3
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.
Amendment 62 #
2022/0167(COD)
Proposal for a directive
Recital 5
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.
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.
Amendment 70 #
2022/0167(COD)
Proposal for a directive
Recital 7
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.
Amendment 72 #
2022/0167(COD)
Proposal for a directive
Recital 11
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].
Amendment 73 #
2022/0167(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
Amendment 83 #
2022/0167(COD)
Proposal for a directive
Recital 47 a (new)
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.
Amendment 84 #
2022/0167(COD)
Proposal for a directive
Recital 47 b (new)
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.
Amendment 92 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2
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.
Amendment 93 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1 (new)
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.
Amendment 96 #
2022/0167(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
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.
Amendment 27 #
2022/0164(COD)
Proposal for a regulation
Recital 1
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).
Amendment 44 #
2022/0164(COD)
Proposal for a regulation
Recital 3
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.
Amendment 281 #
2022/0164(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
Regulation (EU) 2021/2115
Article 81a – paragraph 1
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.
Amendment 1 #
2021/2252(INI)
Draft opinion
Paragraph 1
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;
Amendment 3 #
2021/2252(INI)
Draft opinion
Paragraph 1 a (new)
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;
Amendment 4 #
2021/2252(INI)
Draft opinion
Paragraph 2
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;
Amendment 8 #
2021/2252(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 10 #
2021/2252(INI)
Draft opinion
Paragraph 4
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;
Amendment 14 #
2021/2252(INI)
Draft opinion
Paragraph 4 a (new)
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;
Amendment 15 #
2021/2252(INI)
Draft opinion
Paragraph 4 b (new)
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;
Amendment 16 #
2021/2252(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
Amendment 17 #
2021/2252(INI)
Draft opinion
Paragraph 4 d (new)
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;
Amendment 19 #
2021/2252(INI)
Draft opinion
Paragraph 5
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;
Amendment 21 #
2021/2252(INI)
Draft opinion
Paragraph 6
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;
Amendment 22 #
2021/2252(INI)
Draft opinion
Paragraph 6 a (new)
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;
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;
Amendment 25 #
2021/2252(INI)
Draft opinion
Paragraph 6 c (new)
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;
Amendment 26 #
2021/2252(INI)
Draft opinion
Paragraph 7
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;
Amendment 30 #
2021/2252(INI)
Draft opinion
Paragraph 8
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;
Amendment 31 #
2021/2252(INI)
Draft opinion
Paragraph 8 a (new)
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;
Amendment 35 #
2021/2252(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 116 #
2021/2251(INI)
Motion for a resolution
Paragraph 9
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.
Amendment 2 #
2021/2203(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
— having regard to the EIB Group Operational Plan 2022- 2024, published on 27 January 2022,
Amendment 3 #
2021/2203(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
— having regard to the EIB's Ukraine Solidarity Urgent Response, adopted on 4 March 2022,
Amendment 4 #
2021/2203(INI)
Motion for a resolution
Citation 30 a (new)
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),
Amendment 14 #
2021/2203(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the coronavirus pandemic was a severe global economic shock; whereas the EU recovery was underway;
Amendment 16 #
2021/2203(INI)
Motion for a resolution
Recital A b (new)
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;
Amendment 20 #
2021/2203(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 24 #
2021/2203(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
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;
Amendment 28 #
2021/2203(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 35 #
2021/2203(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 42 #
Amendment 46 #
2021/2203(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 48 #
2021/2203(INI)
Motion for a resolution
Paragraph 5 b (new)
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;
Amendment 55 #
2021/2203(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 70 #
2021/2203(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 79 #
2021/2203(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 86 #
2021/2203(INI)
Motion for a resolution
Paragraph 12
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;
Amendment 88 #
2021/2203(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 94 #
2021/2203(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 99 #
Amendment 100 #
2021/2203(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 107 #
2021/2203(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 109 #
2021/2203(INI)
Motion for a resolution
Paragraph 16 a (new)
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;
Amendment 111 #
2021/2203(INI)
Motion for a resolution
Paragraph 16 b (new)
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;
Amendment 112 #
2021/2203(INI)
Motion for a resolution
Paragraph 16 c (new)
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;
Amendment 113 #
2021/2203(INI)
Motion for a resolution
Paragraph 16 d (new)
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;
Amendment 114 #
2021/2203(INI)
Motion for a resolution
Paragraph 16 e (new)
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;
Amendment 115 #
2021/2203(INI)
Motion for a resolution
Paragraph 16 f (new)
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;
Amendment 116 #
2021/2203(INI)
Motion for a resolution
Paragraph 16 g (new)
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;
Amendment 121 #
2021/2203(INI)
Motion for a resolution
Paragraph 17
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;
Amendment 123 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 a (new)
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;
Amendment 128 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 b (new)
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;
Amendment 129 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
Amendment 130 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 d (new)
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;
Amendment 131 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 e (new)
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;
Amendment 132 #
2021/2203(INI)
Motion for a resolution
Paragraph 17 f (new)
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;
Amendment 135 #
2021/2203(INI)
Motion for a resolution
Paragraph 18
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;
Amendment 148 #
2021/2203(INI)
Motion for a resolution
Paragraph 19
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;
Amendment 152 #
2021/2203(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 161 #
2021/2203(INI)
Motion for a resolution
Paragraph 22 a (new)
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;
Amendment 163 #
2021/2203(INI)
Motion for a resolution
Paragraph 22 b (new)
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;
Amendment 164 #
2021/2203(INI)
Motion for a resolution
Paragraph 23
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;
Amendment 167 #
2021/2203(INI)
Motion for a resolution
Paragraph 23 a (new)
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;
Amendment 169 #
2021/2203(INI)
Motion for a resolution
Paragraph 23 b (new)
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;
Amendment 175 #
2021/2203(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 185 #
2021/2203(INI)
Motion for a resolution
Paragraph 27
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;
Amendment 187 #
2021/2203(INI)
Motion for a resolution
Paragraph 28
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);
Amendment 189 #
2021/2203(INI)
Motion for a resolution
Paragraph 28 a (new)
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;
Amendment 191 #
2021/2203(INI)
Motion for a resolution
Paragraph 28 b (new)
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;
Amendment 192 #
2021/2203(INI)
Motion for a resolution
Paragraph 28 c (new)
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;
Amendment 193 #
2021/2203(INI)
Motion for a resolution
Paragraph 28 d (new)
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;
Amendment 194 #
2021/2203(INI)
Motion for a resolution
Paragraph 28 e (new)
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;
Amendment 195 #
2021/2203(INI)
Motion for a resolution
Paragraph 28 f (new)
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;
Amendment 19 #
2021/2162(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 26 #
2021/2162(INI)
Motion for a resolution
Paragraph 3
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;
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;
Amendment 106 #
2021/2162(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 108 #
Amendment 109 #
2021/2162(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 5 #
2021/2097(INI)
Motion for a resolution
Citation 27 a (new)
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"
Amendment 6 #
2021/2097(INI)
Motion for a resolution
Citation 27 b (new)
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,
Amendment 14 #
2021/2097(INI)
Motion for a resolution
Recital B
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;
Amendment 18 #
2021/2097(INI)
Motion for a resolution
Recital C a (new)
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;
Amendment 26 #
2021/2097(INI)
Motion for a resolution
Recital E
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;
Amendment 30 #
2021/2097(INI)
Motion for a resolution
Recital E a (new)
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;
Amendment 39 #
2021/2097(INI)
Motion for a resolution
Recital F a (new)
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"
Amendment 40 #
2021/2097(INI)
Motion for a resolution
Recital F b (new)
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
Amendment 43 #
2021/2097(INI)
Motion for a resolution
Recital F c (new)
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;
Amendment 47 #
2021/2097(INI)
Motion for a resolution
Recital G
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;
Amendment 66 #
2021/2097(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 71 #
2021/2097(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 72 #
2021/2097(INI)
Motion for a resolution
Paragraph 4 a (new)
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;
Amendment 78 #
2021/2097(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
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
Amendment 93 #
2021/2097(INI)
Motion for a resolution
Paragraph 7
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;
Amendment 101 #
2021/2097(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 106 #
2021/2097(INI)
Motion for a resolution
Paragraph 8 a (new)
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;
Amendment 110 #
2021/2097(INI)
Motion for a resolution
Paragraph 8 b (new)
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;
Amendment 114 #
2021/2097(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 117 #
2021/2097(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 124 #
2021/2097(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 126 #
2021/2097(INI)
Motion for a resolution
Paragraph 11 a (new)
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;
Amendment 133 #
2021/2097(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 136 #
2021/2097(INI)
Motion for a resolution
Paragraph 13 a (new)
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;
Amendment 145 #
2021/2097(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 152 #
2021/2097(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 153 #
2021/2097(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 158 #
2021/2097(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 162 #
2021/2097(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 167 #
2021/2097(INI)
Motion for a resolution
Paragraph 17
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;
Amendment 169 #
2021/2097(INI)
Motion for a resolution
Paragraph 17 a (new)
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;
Amendment 14 #
2021/2010(INI)
Motion for a resolution
Citation 18 a (new)
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,
Amendment 23 #
2021/2010(INI)
Motion for a resolution
Recital C
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;
Amendment 29 #
2021/2010(INI)
Motion for a resolution
Recital E
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;
Amendment 41 #
2021/2010(INI)
Motion for a resolution
Recital I a (new)
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;
Amendment 44 #
2021/2010(INI)
Motion for a resolution
Recital I b (new)
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;
Amendment 47 #
2021/2010(INI)
Motion for a resolution
Recital I c (new)
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;
Amendment 50 #
2021/2010(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 77 #
2021/2010(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 83 #
2021/2010(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 98 #
2021/2010(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 101 #
2021/2010(INI)
Motion for a resolution
Paragraph 6
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
Amendment 114 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 a (new)
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;
Amendment 117 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 b (new)
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;
Amendment 121 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. A limited recourse to carry forward regimes for losses, as those could undermine the impact of the reform;
Amendment 122 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 f (new)
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;
Amendment 123 #
2021/2010(INI)
Motion for a resolution
Paragraph 7 g (new)
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;
Amendment 124 #
2021/2010(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 131 #
2021/2010(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 147 #
2021/2010(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 153 #
2021/2010(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 183 #
2021/2010(INI)
Motion for a resolution
Paragraph 12
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;
Amendment 199 #
2021/2010(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 207 #
2021/2010(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 209 #
2021/2010(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 216 #
2021/2010(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 232 #
2021/2010(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 233 #
2021/2010(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 1638 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 5/23
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)
Amendment 1639 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 5/23
Annex 1 – part 5/23
Add the following to the core network: - Tampere-Helsinki high-speed railway passenger line
Amendment 1773 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section FI (new)
Annex 2 - table - section FI (new)
Node name: Kaskinen Maritime port: Comprehensive
Amendment 1774 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section FI
Annex 2 - table - section FI
Node name: Kokkola Maritime port: Comprehensivre
Amendment 1775 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section FI
Annex 2 - table - section FI
Node name: Oulu / Uleåborg Maritime port: Comprehensivre (Oulu)
Amendment 1776 #
2021/0420(COD)
Node name: Pietarsaari Maritime port: Comprehensive
Amendment 112 #
2021/0385(COD)
Proposal for a regulation
Recital 7
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.
Amendment 126 #
2021/0385(COD)
Proposal for a regulation
Recital 11
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.
Amendment 130 #
2021/0385(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 160 #
2021/0385(COD)
Proposal for a regulation
Recital 22
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.
Amendment 229 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Regulation (EU) No 600/2014
Article 2 – paragraph 1 – point 36c a (new)
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.
Amendment 236 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point b
Article 1 – paragraph 4 – point b
Regulation (EU) No 600/2014
Article 5 – paragraph 1
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.;
Amendment 242 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point d
Article 1 – paragraph 4 – point d
Regulation (EU) No 600/2014
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 243 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point d
Article 1 – paragraph 4 – point d
Regulation (EU) No 600/2014
Article 5 – paragraph 4
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).
Amendment 250 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point f
Article 1 – paragraph 4 – point f
Regulation (EU) No 600/2014
Article 5 – Paragraph 7
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.
Amendment 254 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
Article 1 – paragraph 5 – point b a (new)
Regulation (EU) No 600/2014
Article 9 – paragraph 5
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.
Amendment 284 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 – point a
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 2
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.
Amendment 289 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 – point a
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 3
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.’;
Amendment 293 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 – point b b (new)
Article 1 – paragraph 8 – point b b (new)
Regulation (EU) No 600/2014
Article 14 – Paragraph 7 - first subparagraph
Article 14 – Paragraph 7 - first subparagraph
Amendment 298 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 e (new)
Article 1 – paragraph 8 e (new)
Regulation (EU) No 600/2014
Article 15 – Paragraph 1
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.
Amendment 300 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 a (new)
Article 1 – paragraph 8 a (new)
Regulation (EU) No 600/2014
Article 15 – Paragraph 4
Article 15 – Paragraph 4
(b) In Article 15, paragraph 4 is deleted.;
Amendment 302 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 a (new)
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.
Amendment 305 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 g (new)
Article 1 – paragraph 8 g (new)
Regulation (EU) No 600/2014
Article 16 – Paragraph 1
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). "
Amendment 326 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 1 a (new)
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;
Amendment 332 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22 a – paragraph 2 a (new)
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.
Amendment 336 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 2 b (new)
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.
Amendment 337 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 2 c (new)
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.
Amendment 338 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 10
Article 1 – paragraph 10
Regulation (EU) No 600/2014
Article 22a – paragraph 3
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.
Amendment 35 #
2021/0384(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2014/65/EU
Article 16 – paragraph 3
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
Amendment 36 #
2021/0384(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2014/65/EU
Article 23
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. "
Amendment 37 #
2021/0384(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Directive 2014/65/EU
Article 24
Article 24
Amendment 40 #
2021/0384(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point –a 2 (new)
Article 1 – paragraph 1 – point 4 – point –a 2 (new)
Directive 2014/65/EU
Article 27 – paragraph 1 – third suparagraph
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. "
Amendment 178 #
2021/0376(COD)
Proposal for a directive
Recital 31 b (new)
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.
Amendment 239 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2011/61/EU
Article 7 – paragraph 5 – subparagraph 4 – point d c (new)
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;
Amendment 259 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2011/61/EU
Article 13 – paragraph 1
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'.
Amendment 262 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive 2011/61/EU
Article 14a
Article 14a
Amendment 356 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)
Article 1 – paragraph 1 – point 10 b (new)
Directive 2011/61/EU
Article 30 – paragraph 3 a (new)
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. '
Amendment 360 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2011/61/EU
Article 35 – paragraph 2 – point c
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.
Amendment 363 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2011/61/EU
Article 36 – paragraph 1 – point d
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.;
Amendment 368 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/61/EU
Article 37 – paragraph 7 – point f
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.;
Amendment 378 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2011/61/EU
Article 40 – paragraph 2 – point c
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.;
Amendment 382 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2011/61/EU
Article 42 – paragraph 1 – point d
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.;
Amendment 449 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 3 – subparagraph 2 – point d c (new)
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
Amendment 470 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
Directive 2009/65/EC
Article 14a – paragraph 1
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.
Amendment 471 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Article 2 – paragraph 1 – point 3 c (new)
Directive 2009/65/EC
Article 14b – paragraph 1
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'
Amendment 533 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
Directive 2009/65/EC
Article 89a (new)
Article 89a (new)
Amendment 534 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
Directive 2009/65/EC
Article 90a (new)
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.'
Amendment 558 #
2021/0376(COD)
Proposal for a directive
Annex I a (new)
Annex I a (new)
Direcitve 2011/61/EU
Annex II – paragraph 1
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.'
Amendment 36 #
2021/0366(COD)
Proposal for a regulation
Recital 18
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.
Amendment 59 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) reducing the European Union’s contribution to greenhouse gas emissions and global biodiversity loss caused by deforestation.
Amendment 62 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
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.
Amendment 71 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
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.
Amendment 77 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 84 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
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
Amendment 88 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
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;
Amendment 96 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘produced’ means grown, harvested, raised, fed from or obtained on relevant plot of lan or fed;
Amendment 97 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
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;
Amendment 99 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 113 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 6
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.
Amendment 128 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) quantity (expressed in net mass and volume, or number of units) of the relevant commodities andor products;
Amendment 130 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
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;
Amendment 142 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3
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.
Amendment 147 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 154 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
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;
Amendment 160 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 182 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 9
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.
Amendment 227 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 1
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.
Amendment 228 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 2
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.
Amendment 233 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. The substantiated concern system shall not cause excessive administrative burden for the competent authority.
Amendment 246 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3
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;
Amendment 291 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
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;
Amendment 320 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
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;
Amendment 141 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 2013/36/EU
Article 3 – paragraph 1 – point 9a
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];
Amendment 196 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27b – paragraph 3 – subparagraph 2
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.
Amendment 200 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27b – paragraph 7 – subparagraph 1 – point b
Article 27b – paragraph 7 – subparagraph 1 – point b
Amendment 201 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27b – paragraph 7a (new)
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].
Amendment 209 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27g – paragraph 3 – subparagraph 2
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.
Amendment 232 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/36/EU
Article 27l – paragraph 3 – subparagraph 2
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.
Amendment 312 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48o – paragraph 6 – subparagraph 1 – point b
Article 48o – paragraph 6 – subparagraph 1 – point b
Amendment 313 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2013/36/EU
Article 48oa (new)
Article 48oa (new)
Amendment 391 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2013/36/EU
Article 91 – paragraph 1 – subparagraph 1
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.
Amendment 396 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2013/36/EU
Article 91 – paragraph 12 – subparagraph 1 – point e a (new)
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;
Amendment 397 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2013/36/EU
Article 91 – paragraph 12 – subparagraph 1 a (new)
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.
Amendment 417 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 2
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.
Amendment 430 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 1
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.
Amendment 432 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 1 a (new)
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].
Amendment 446 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
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.
Amendment 461 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 6
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.
Amendment 465 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 7 – point b
Article 91 b – paragraph 7 – point b
(b) suspend or remove such members from the management body;
Amendment 477 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 8 – subparagraph 2
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.
Amendment 480 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 10 – subparagraph 1
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.
Amendment 487 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 3 – subparagraph 1
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.
Amendment 489 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 3 – subparagraph 1 a (new)
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].
Amendment 492 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 4
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.
Amendment 497 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 5
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.
Amendment 498 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 6 – point b
Article 91 d – paragraph 6 – point b
(b) suspend or remove such heads or officer;
Amendment 500 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
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.
Amendment 502 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 d – paragraph 8 a (new)
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].
Amendment 46 #
2021/0296(COD)
Proposal for a directive
Recital 14 a (new)
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.