Activities of Pervenche BERÈS related to 2013/0314(COD)
Plenary speeches (1)
Indices used as benchmarks in financial instruments and financial contracts (debate) FR
Amendments (9)
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not apply to administrators in respect of their noncritical benchmarks with respect to Articles 8(1), 8(2), 11(2a), 11(2b), 17(1).
Amendment 578 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. TheA natural or legal person located in the Union that intends to act as an administrator shall submit an application for authorisation to the competent authority of the Member State in which the administrator is locatedit is located, in order to receive: (i) an authorisation if it provides indices which are used or intended to be used in the meaning of this Regulation, (ii) a registration if it is a supervised entity, other than an administrator, that provides indices which are used or intended to be used in the meaning of this Regulation, on condition that the activity of provision of a benchmark is not prevented by the sectoral discipline applying to the supervised entity and that none of the indices provided is a critical benchmark in the meaning of this Regulation.
Amendment 581 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The application for authorisation in accordance with paragraph 1 shall be made:
Amendment 588 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The applicant administrator shall provide all information necessary to satisfy the competent authority that the applicant administrator has established, at the time of authorisation or registration, all the necessary arrangements to meet the requirements laid down in this Regulation.
Amendment 595 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Within 45 working days of receipt of a complete application for authorisation, the relevant competent authority shall, examine the application and adopt a decision to authorise or refuse authorisation of the applicant administrator. Within five working days of the adoption of a decision whether to authorise or refuse authorisation, the competent authority shall notify it to the administrator concerned. Where the competent authority refuses to authorise the applicant administrator, it shall give reasons for its decision.
Amendment 596 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. Within 45 working days of receipt of a complete application for registration, the relevant competent authority shall register the applicant.
Amendment 598 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The competent authority shall notify ESMA of any decision to authorise an applicant administrator or refuse authorisation or any registration and ESMA shall publish a list of administrators authorised or registered in accordance with this Regulation. That list shall be updated within 7 working days of any notification referred to in this paragraph.
Amendment 600 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning measures to further specify information to be provided in the application for authorisation or registration taking into account the principle of proportionality and the costs to the administrators and competent authorities.
Amendment 718 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. An administrator providing a benchmark on [the date of entry into force of this Regulation] shall apply for authorisation or registration under Article 23 within [24 months after the date of application].