BETA

10 Amendments of Pervenche BERÈS related to 2017/0359(COD)

Amendment 58 #
Proposal for a regulation
Recital 42 a (new)
(42a) With the aim of guaranteeing a level playing field and promote the transparency of the European market structure, Regulation (EU) No 600/2014 should be amended in order to subject systemic internalisers' quotes and execution prices to the tick size regime when dealing in all sizes.
2018/06/05
Committee: ECON
Amendment 274 #
Proposal for a regulation
Article 60 – paragraph 1 – point 1 a (new)
1a. In Article 1, the following paragraph is added : ‘This Regulation shall apply to any undertaking which carries out any of the activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU and, while not being a credit institution, a commodity and emission allowance dealer, a collective investment undertaking or an insurance undertaking, where one of the following applies: (i) the total value of its assets exceeds EUR 5 billion for three consecutive quarters, or (ii) the gross revenues stemming from its activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU exceeds EUR 500 million for two consecutive years.’
2018/06/05
Committee: ECON
Amendment 293 #
Proposal for a regulation
Article 61 – paragraph 1 – point -1 a (new)
Regulation (EU) No 600/2014
Article 17 a (new)
(-1a) The following Article is inserted: "Article 17a Systemic internalisers' quotes, price improvements on those quotes and execution prices shall comply with tick sizes set in accordance with Article 49 of Directive 2014/65/EU."
2018/06/05
Committee: ECON
Amendment 298 #
Proposal for a regulation
Article 61 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 600/2014
Article 46 – paragraph 4 a (new)
(aa) the following paragraph is inserted: “4a. The third-country firm shall comply with the obligations laid down in paragraphs 3 and 6 to 10 of Article 16, in Articles 17, 23, 24, 25, 27, 28 and 30 of Directive 2014/65/EU and in Articles 14 to 28 of this Regulation. ESMA shall supervise the measures adopted pursuant thereto. In case the registered third-country firm chooses to establish a branch within the EU, ESMA shall examine the branch arrangements and, where appropriate, require the firm to adopt the changes needed to enforce the obligations and measures referred to in the first subparagraph with respect to the services and/or activities provided by the branch in the EU.”
2018/06/05
Committee: ECON
Amendment 303 #
Proposal for a regulation
Article 61 – paragraph 1 – point 1 – point a b (new)
Regulation (EU) No 600/2014
Article 46 – paragraph 5
(ab) paragraph 5 is replaced by the following: ‘5. Third-country firms providing services in accordance with this Article shall inform clients established in the Union, before the provision of any investment services, that they are not allowed to provide services to clients other than eligible counterparties and professional clients within the meaning of Section I of Annex II to Directive 2014/65/EU and that they are not subject to supervision by ESMA in the Union as regards the requirements referred to in paragraph 4a. They shall indicate the name and the address of the competent authority responsible for supervisionwhich authorised the third- country firm in the third country. The information laid down in the first subparagraph shall be provided in writing and in a prominent way. Member States shall ensure that where an eligible counterparty or professional client within the meaning of Section I of Annex II to Directive 2014/65/EU established or situated in the Union initiates at its own exclusive initiative the provision of an investment service or activity by a third-country firm, this Article does not apply to the provision of that service or activity by the third- country firm to that person including a relationship specifically related to the provision of that service or activity. An initiative by such clients shall not entitle the third-country firm to market new categories of investment product or investment service to that individual.” clear, concise and prominent way.’ Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0600&from=FR)
2018/06/05
Committee: ECON
Amendment 308 #
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point a
Regulation (EU) No 600/2014
Article 47 – paragraph 1 – subparagraph 1 – point a
(a) that firms authorised in that third country comply with legally binding prudential and, business conduct and organisational requirements which have equivalent effect to the requirements set out in this Regulation, in Directive 2013/36/EU, in Regulation (EU) No 575/2013, in Directive (EU) ----/--[IFD] and in Regulation (EU)--- -/---[IFR] and in Articles 5 to 13, 15 an in paragraphs 2, 4 and 5 of Directive 2014/65/EU and in the corresponding implementing measures adopted under those Regulations and Directives;
2018/06/05
Committee: ECON
Amendment 312 #
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point a
(b) that firms authorised in that third country are subject to effective supervision and enforcement ensuring compliance with the applicable legally binding prudential and, business conduct and organisational requirements; and
2018/06/05
Committee: ECON
Amendment 321 #
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 600/2014
Article 47 – paragraph 1 – subparagraph 2 – introductory part and point c
(aa) in the second subparagraph of paragraph 1, the introductory part and point c are replaced by the following: “The prudential and business conductorganisational framework of a third country may be considered to have equivalent effect where that framework fulfils all the following conditions: (a) firms providing investment services and activities in that third country are subject to authorisation and to effective supervision and enforcement on an ongoing basis; (b) firms providing investment services and activities in that third country are subject to sufficient capital requirements and appropriate requirements applicable to shareholders and members of their management body; (c) firms providing investment services and activities are subject to adequate organisational requirements in the areas of internal control functions; and outsourcing. Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0600&from=FR)
2018/06/05
Committee: ECON
Amendment 328 #
Proposal for a regulation
Article 61 – paragraph 1 – point 2 a (new)
Regulation (EU) No 600/2014
Article 48 – paragraph 1
(2a) In Article 48, paragraph 1 is replaced with the following: “ESMA shall keep a register of the third- country firms allowed to provide investment services or perform investment activities in the Union in accordance with Article 46. The register shall be publicly accessible on the website of ESMA and shall contain information on the services or activities which the third-country firms are permitted to provide or perform and the reference of the competent authorityies responsible for their authorisation and supervision in the third country.” Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0600&from=FR)
2018/06/05
Committee: ECON
Amendment 337 #
Proposal for a regulation
Article 63 – paragraph 2 a (new)
2a. Article 61(-1) shall apply from ... [the date of entry into force of this Regulation].
2018/06/05
Committee: ECON