Activities of Arlene McCARTHY
Plenary speeches (168)
Vote
Vote
Vote
Vote
Third report on economic and social cohesion
Consumer protection
Intellectual property
Recognition of professional qualifications
Vote
Better lawmaking
Vote
Patentability of computer-implemented inventions
Patentability of computer-implemented inventions
Consumer Policy Strategy 2002-2006
2002 review of the Internal Market Strategy
Sales promotions in the internal market
Green Paper on consumer protection/Contamination of food by nitrofen
Protection of minors and human dignity
Community patent
Security at international football matches
Vote
Economic and social cohesion
Vertical agreements and concerted practices in the automobile industry
Procurement
Vote
Vote
Electronic communications networks and services
European Council meeting (Ghent, 19 October 2001)
Data protection in electronic communications
Safety and air transport
VOTE
VOTE
Takeover bids
Implementation of the Internet Top Level Domain ".EU"
Out-of-court settlement of consumer disputes
Final agreement on the reform of the system for international transfers of footballers
VOTE
VOTE
Copyright and related rights in the Information Society
Economic and social cohesion
VOTE
VOTE
Takeover bids
Takeover bids
Resale right
Vote (continuation)
Discrimination and equal treatment in the workplace
Enforcement of civil and commercial judgments
Human rights
Use of certain dangerous substances and preparations
Vote
Question Time (Commission)
Vote
Equal treatment
Legal aspects of electronic commerce
VOTE
Vote
Environmental legislation
Sustainable urban development – rural development – EQUAL initiative
Structural Funds – Cohesion Fund coordination
Question Time (Commission)
Tribute
European Council of 3 and 4 June/ German Presidency
Trade in seal products (debate)
Consumer rights (debate)
Explanations of vote
Explanations of vote
Collective redress (debate)
Toys Directive (debate)
Protection of consumers in respect of certain aspects of timeshares (debate)
Social package (Second part: Cross-border healthcare) (debate)
Type-approval of hydrogen powered motor vehicles (debate)
Explanations of vote
Electronic communications networks and services - European Electronic Communications Market Authority - Common approach to the use of the spectrum released by the digital switchover - Electronic communications networks and services, protection of privacy and consumer protection (debate)
Internal market in electricity - Conditions for access to the network for cross-border exchanges in electricity - Agency for the Cooperation of Energy Regulators - Towards a European Charter on the Rights of Energy Consumers (debate)
1 July 2008, 40 years of Customs Union
Misleading 'Directory companies' (e.g. 'European City Guides') (debate)
Misleading 'Directory companies' (e.g. 'European City Guides') (debate)
Mediation in civil and commercial matters (A6-0150/2008, Arlene McCarthy) (vote)
Accreditation and market surveillance relating to the marketing of products - Common framework for the marketing of products - Application of certain national technical rules to products lawfully marketed in another Member State - Safety marking on consumer products (debate)
(A6-0502/2007, Doris Pack) Adult learning: It is never too late to learn (vote)
Consumer credit (debate)
Toy Safety (debate)
Fire safety in hotels (debate)
Control of the acquisition and possession of weapons (vote)
Control of the acquisition and possession of weapons (debate)
Control of the acquisition and possession of weapons (debate)
Review of the consumer acquis (debate)
The Single Market Review (debate)
The transposition and implementation of public procurement legislation (debate)
Derogations from internal market rules for defence procurement on the basis of Article 296 TEC (debate)
Cat and dog fur (debate)
Roaming on public mobile networks (debate)
Commission Question Time
Explanations of vote
Mediation in civil and commercial matters (vote)
Public works contracts (vote)
Services in the internal market (debate)
Gambling and sports betting in the Internal Market (debate)
European order for payment procedure (vote)
European order for payment procedure (debate)
Progress report on the accession of Bulgaria and Romania (debate)
Monitoring the application of Community law (2003-2004) - Better lawmaking 2004: application of the principle of subsidiarity - The implementation consequences and impact of the internal market legislation in force - Strategy for the simplification of the regulatory environment (debate)
Explanations of vote
Services (continuation of the debate)
SOLVIT (debate)
European order for payment procedure (vote)
Commission Question Time
One-minute speeches on matters of political importance
Statutory audit of annual accounts and consolidated accounts
Patentability of computer-implemented inventions
Unfair business-to-consumer commercial practices
Explanations of vote
One-minute speeches on matters of political importance
Information accompanying transfers of funds - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (debate)
Criminal sanctions for insider dealing and market manipulation (debate)
Criminal sanctions for insider dealing and market manipulation (debate)
EU regulatory fitness and subsidiarity and proportionality - better lawmaking (A7-0056/2014 - Sajjad Karim)
Insider dealing and market manipulation (market abuse) (debate)
Insider dealing and market manipulation (market abuse) (debate)
Staff Regulations of officials and Conditions of employment of other servants of the EU (A7-0156/2012 - Dagmar Roth-Behrendt)
Laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (debate)
Reforming the structure of the EU banking sector (debate)
Reforming the structure of the EU banking sector (debate)
Transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (A7-0292/2012 - Arlene McCarthy) (vote)
Financial statements and related reports of certain types of undertakings - Transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (debate)
Financial statements and related reports of certain types of undertakings - Transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (debate)
Annual report on competition policy (debate)
Credit institutions and prudential supervision - Prudential requirements for credit institutions and investment firms (debate)
Mediation in civil and commercial matters (debate)
Mediation in civil and commercial matters (debate)
Explanations of vote
Markets in financial instruments and repeal of Directive 2004/39/EC - Markets in financial instruments and amendment of the EMIR Regulation on OTC derivatives, central counterparties and trade repositories (debate)
Explanations of vote
Common system for taxing financial transactions (debate)
Common system for taxing financial transactions (debate)
Common system for taxing financial transactions (debate)
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Directive on mediation in the Member States (debate)
Directive on mediation in the Member States (debate)
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Freezing and disclosure of debtors' assets in cross-border cases (A7-0147/2011, Arlene McCarthy) (vote)
Explanations of vote
Innovative financing at a global and European level (debate)
Explanations of vote
Explanations of vote
Explanations of vote
Iceland’s application for membership of the European Union (debate)
Capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies - Remuneration of directors of listed companies and remuneration policies in the financial services sector (debate)
Capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies - Remuneration of directors of listed companies and remuneration policies in the financial services sector (debate)
Explanations of vote
Explanations of vote
Explanations of vote
Administrative cooperation in the field of taxation - Mutual assistance for the recovery of claims relating to taxes, duties and other measures - Reverse charge mechanism: goods and services susceptible to fraud - Promoting Good Governance in Tax Matters (debate)
Democratisation in Turkey (debate)
Explanations of vote
One-minute speeches on matters of political importance
Restructuring of the European car industry, in particular the Opel case (debate)
Reports (23)
Recommendation on the draft Council Regulation laying down general provisions on the Structural Funds - Committee on Regional Policy PDF (50 KB)
Report on a proposal for a Council Regulation laying down general provisions on the Structural Funds - (*Procedure Hughes) - Committee on Regional Policy PDF (194 KB)
PDF (75 KB)
Report on the proposal for a directive of the European Parliament and of the Council on the patentability of computer-implemented inventions - Committee on Legal Affairs and the Internal Market PDF (287 KB) DOC (183 KB)
PDF (200 KB) DOC (169 KB)
REPORT Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement PDF (129 KB) DOC (62 KB)
REPORT Proposal for a directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters PDF (123 KB) DOC (58 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council repealing Council Directive 84/539/EEC on the approximation of the laws of the Member States relating to electro-medical equipment used in veterinary medicine PDF (118 KB) DOC (52 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council amending Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement PDF (126 KB) DOC (59 KB)
REPORT Report on specific problems in the Transposition and Implementation of Public Procurement Legislation and its relation to the Lisbon Agenda PDF (173 KB) DOC (118 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters PDF (251 KB) DOC (224 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council repealing Council Directive 71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches PDF (119 KB) DOC (55 KB)
REPORT Report on the proposal for a decision of the European Parliament and of the Council repealing Council Directive 68/89/EEC on the approximation of the laws of the Member States concerning the classification of wood in the rough PDF (119 KB) DOC (54 KB)
REPORT Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council creating a European order for payment procedure PDF (141 KB) DOC (89 KB)
REPORT Report on the Implementation, Consequences and Impact of the Internal Market Legislation in Force PDF (155 KB) DOC (107 KB)
REPORT Proposal for a Regulation of the European Parliament and of the Council creating a European order for payment procedure PDF (227 KB) DOC (203 KB)
REPORT on reforming the structure of the EU banking sector PDF (197 KB) DOC (112 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on insider dealing and market manipulation (market abuse) PDF (701 KB) DOC (586 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation PDF (329 KB) DOC (287 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and Commission Directive 2007/14/EC PDF (437 KB) DOC (599 KB)
REPORT on the implementation of the directive on mediation in the Member States, its impact on mediation and its take-up by the courts PDF (137 KB) DOC (70 KB)
REPORT with recommendations to the Commission on proposed interim measures for the freezing and disclosure of debtors' assets in cross-border cases PDF (181 KB) DOC (109 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies PDF (619 KB) DOC (970 KB)
Shadow reports (5)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, remuneration policies and sanctions PDF (318 KB) DOC (183 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings PDF (649 KB) DOC (1 MB)
REPORT with recommendations to the Commission on the amendment of Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) PDF (165 KB) DOC (82 KB)
REPORT on alternative dispute resolution in civil, commercial and family matters PDF (211 KB) DOC (121 KB)
REPORT on guaranteeing independent impact assessments PDF (232 KB) DOC (162 KB)
Opinions (1)
OPINION Draft opinion on Transatlantic relations
Shadow opinions (4)
OPINION on the implementation of the Consumer Credit Directive 2008/48/EC
OPINION on the proposal for a directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime
OPINION on the proposal for a directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest
OPINION on the European dimension in sport
Written declarations (5)
Amendments (752)
Amendment 129 #
2013/2021(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that while current proposals for reforms of EU banking sector rules (including the Capital Requirements Directive and Regulation, the Recovery and Resolution Directive, the Single Supervisory Mechanism, the Deposit Guarantee Schemes Directive and shadow banking initiatives) are vital, a more fundamental reform of the banking structure is essential, and complementary to the other proposals, as it would further address issues such as risk-taking incentives, complexity, intra-group subsidies, resolvability and systemic risk;
Amendment 200 #
2013/2021(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that an effective banking system must deliver a change in banking culture and practice in order to reduce complexity, enhance competition, limit interconnectedness between risky market- related activities and commercial activities, improve corporate governance, create a responsible remuneration system, allow effective bank resolution and recovery, reinforce bank capital and deliver credit to the real economy;
Amendment 257 #
2013/2021(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to come forward with a proposal for such mandatory separation through the establishment of a thorough, transparent and credible ‘cring fence’ aroundteria for the protection of bank activities that are vital for the real economy, such as those relating to credit functions, payment systems and deposits; takes the view that in the event of a bank failure, the ring fence must ensure that the retail entity must continues business unaffected by operational problems, financial losses, funding shortages or reputational damage resulting from the resolution or insolvency of the investment entity;
Amendment 262 #
2013/2021(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Encourages the Commission to explore bank models that increase transparency, improve competition, facilitate supervision and regulatory intervention and reduce contagion risk in case of a crisis.
Amendment 278 #
2013/2021(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. In the case where there is no separate investment banking entity, it might be possible for a deposit-taking bank to conduct limited trading activities to the benefit of its non-financial clients proving that: i) These trading activities are limited to simple financial instruments undertaken with / on behalf of non-financial clients, ii) The amount of trading activities within the deposit-taking bank is capped as a % of total balance sheet. The amount of the threshold should be precisely assessed in the impact assessment.
Amendment 283 #
2013/2021(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to ensure that where banks undertake trading activities, to be understood as but not limited to market making, underwriting, proprietary trading and credit to leveraged investment funds, the risks and costs associated with those activities are borne by their trading arm and not by their ring-fenced retail armdeposit-taking activities;
Amendment 316 #
2013/2021(INI)
Motion for a resolution
Paragraph 12 – point b
Paragraph 12 – point b
(b) limits on the extent to which the two entities are reliant on each other for funding and/or resources; in particular, there should be no legal basis for shifting capital and liquidity from ring-fenced entities to otherbetween deposit- taking and investment banking entities inof the group;
Amendment 329 #
2013/2021(INI)
Motion for a resolution
Paragraph 12 – point d
Paragraph 12 – point d
(d) net and gross large exposure limits for intra-group transactions between ring- fenced and non-ring-fenceddeposit taking activities and investment/trading activities, which are at least as strict as those for third-party exposure, including strict limits on the exposure of ring-fenceddeposit taking activities to the investment entity's riskier activities;
Amendment 388 #
2013/2021(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Urges the Commission to assist in reaching an agreement on the proposed Deposit Guarantee Scheme Directive and to increase consumer protection by introducing depositor preference.
Amendment 108 #
2013/0185(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States shall ensure that injured parties can effectively exercise their claims for damages and shall make collective redress procedures available for private damages claims.
Amendment 156 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Member States shall ensure that for the purposes of facilitating amicable negotiations, potential claimants are able to obtain evidence regarding quantum of loss from the competition authority and the defendant without any obligation to undertake judicial action.
Amendment 163 #
2013/0185(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) leniency corporate statements (not including the annexes) of the first leniency applicant ; and
Amendment 522 #
2013/0139(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that consumers legally resident in the Union are not discriminated against by reason of their nationality or place of residence or any other ground, including sex, ethnic or social origin, religion or belief, disability, age, or sexual orientation, when applying for or accessing a payment account within the Union.
Amendment 531 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least onell payment service providers in their territory offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 637 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Member States shall ensure that payment service providers provide all consumers with accessible information, premises, ATM and online facilities, and offer alternatives to digital services.
Amendment 642 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge, notably for people with low income receiving social benefits, or for a reasonable fee.
Amendment 694 #
2013/0139(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that payment service providers make available to consumers informationaccessible information and adequate assistance about the specific features of the payment account with basic features on offer, their associated fees and their conditions of use. Member States shall also ensure that the consumer is informed that the purchase of additional services is not compulsory to access a payment account with basic features.
Amendment 701 #
2013/0139(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The authorities referred to in paragraph 1 shall regularly consult relevant stakeholders, including consumers' representatives, to ensure and monitor effective compliance with this Directive, without prejudice to the independence clause referred to in paragraph 1.
Amendment 51 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employeement-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should refer to the company's supply chains, subcontractors and business relationships. The statement should include a description of the policies, and results, and the as well as an assessment of all current and potential risks related to those matters.
Amendment 62 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companlarge undertakings and public-interest entities should be required to include in their mannualagement report a non-financial statement containing information on undertakings' activity impact on society relating to at least environmental matters, social, gender and employee-related matters,ment matters, including social dialogue and respect of trade unions' rights, and respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the riskssignificant incidents occurred during the reporting period as well as an assessment of all current and potential risks to the undertaking and society related to those matters.
Amendment 67 #
2013/0110(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In providing thisnon-financial information, companies mayshall rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and international frameworks such as the United Nations (UN) Global Compact, the Guiding Principles on Business and Human Rights implementing the UN ‘Protect, Respect and Remedy’ Framework, the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, the International Organisation for Standardisation (ISO) 26000, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative. Companies shall specify which frameworks they have relied on.
Amendment 67 #
2013/0110(COD)
Proposal for a directive
Recital 6 e (new)
Recital 6 e (new)
(6e) The undertakings' activity impact on society should include the impacts generated by the activities of the undertaking as well as by other undertakings' activities that are linked to the reporting company by business relationships, such as joint venture initiatives and the supply and subcontracting chains.
Amendment 96 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 millionlarge undertakings and public-interest entities.
Amendment 97 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) The annual report shall include a fair review of the development and performance of the company's business and of its position, together with a description of the principal risks and uncertainties that it faceidentified in the due diligence process.
Amendment 101 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b– subparagraph 1
Article 46 – paragraph 1 – point b– subparagraph 1
(b) For companies whose average number of employees during the financial year exceeds 2500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also includtegrate a non-financial statement containing information regarding companies' activity and impact on society relating to at least environmental, social, gender and employeement matters, respect for human rights, anti- corruption and bribery matters. The review shall make particular reference to the companies' supply chains, subcontractors and business relationships, including:
Amendment 108 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint i
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint i
(i) a description of the policy, including medium and long term targets, pursued by the company in relation to these matters;
Amendment 108 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to gender and other aspects such as age, genderdisability, geographical diversity, educational and professional background should only apply to large listed companies. Therefore small and medium-sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligation. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a20 of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case2013/34/EU.
Amendment 112 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(iii) the riskscurrent and potential risks for the company and society related to these matters and how the company manages those risks.
Amendment 114 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii b (new)
Article 46 – paragraph 1 – point b – subparagraph 1 – subpoint iii b (new)
(iiib) an analysis of resource use, including at least land use, water use, greenhouse gas emissions and use of materials;
Amendment 119 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation to one or more of these matters, it shall provide an explanation for not doing so. The explanation shall contain a clear and reasoned justification for non- compliance including an assessment of the associated risks of non-compliance.
Amendment 124 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 3
Article 46 – paragraph 1 – point b – subparagraph 3
In providing such information the company mayshall rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon.
Amendment 125 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c
Article 46 – paragraph 1 – point c
c) To the extent necessary for an understanding of the company's development, performance or position and impact on society, as well as its impact on human rights, social, employment and environmental matters, the analysis shall include both financial and non-financial key performance indicators relevant to the particular business.
Amendment 131 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – point iii a (new)
Article 46 – paragraph 1 – point b – subparagraph 1 – point iii a (new)
(iiia) an analysis of resource use, including at least land use, water use, greenhouse gas emissions and use of materials;
Amendment 135 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
Article 46a – paragraph 1 – point g
(g) a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, disability, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the company has no such policy, the statement shall contain a clear and reasoned explanation as to why this is the case.
Amendment 138 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 78/660/EEC
Article 53a – paragraph 1a (new)
Article 53a – paragraph 1a (new)
1a. Enforcement Member States shall ensure that effective national procedures are in place to ensure compliance with the obligations of this Directive. These procedures shall be accessible to all persons and legal entities having a legitimate interest in ensuring the full and accurate disclosure of non- financial information.
Amendment 141 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 a (new) – point a
Article 1 – point 3 a (new) – point a
Directive 2013/34/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
(3a)Article 18 is amended as follows: (a) The following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.’
Amendment 157 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
1. The consolidated annual report shall include a fair review of the development and performance of the business and of the position of the undertakings included in the consolidation taken as a whole, together with a description of the principal risks and uncertainties that they faceidentified in the due diligence process.
Amendment 158 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 2500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information regarding companies' activity and impact on society, relating to at least environmental, social, gender and employeement matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 167 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint i
Article 36 – paragraph 1 – subparagraph 3 – subpoint i
(i) a description of the policy, including medium and long term targets, pursued by the company in relation to these matters;
Amendment 171 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
Article 36 – paragraph 1 – subparagraph 3 – subpoint iii
(iii) the riskscurrent and potential risks for the company and society related to these matters and how the company manages those risks.
Amendment 177 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point b
Article 2 a (new) – point b
Directive 2013/34/EU
Article 5 a (new)
Article 5 a (new)
(b) The following Article is inserted: Article 5a Enforcement Member States shall ensure that effective and adequate mechanisms are in place in order to ensure correct disclosure of non- financial information by companies, in accordance with the provisions of this Directive. Member States shall ensure that effective national procedures are in place to enforce compliance with the obligations of this Directive and that these procedures are available for all persons and legal entities having a legitimate interest, in accordance with national law, in ensuring that the provisions of this Directive are respected.
Amendment 178 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point c
Article 2 a (new) – point c
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(c) In Article 18, the following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
Amendment 180 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 5
Article 36 – paragraph 1 – subparagraph 5
In providing such information the consolidated annual report mayshall rely on national, EU-based or international frameworks and if so,. The company shall specify which frameworks it has relied upon.
Amendment 182 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 6
Article 36 – paragraph 1 – subparagraph 6
To the extent necessary for an understanding of such development, performance or position and impact on society, as well as its impact on human rights, social, employment and environmental matters, the analysis shall include both financial and non- financial key performance indicators relevant to the particular business.
Amendment 185 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point d
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraphs 1 a – 1e (new)
Article 19 – paragraphs 1 a – 1e (new)
Amendment 191 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point e
Article 2 a (new) – point e
Directive 2013/34/EU
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(e) In Article 20(1), the following point is added: (fa) a description of the undertaking's diversity policy for its administrative, management and supervisory bodies with regard to gender and other aspects such as age, geographical diversity, disability, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period.'
Amendment 200 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point f
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraphs 1a – 1 e (new)
Article 29 – paragraphs 1a – 1 e (new)
Amendment 207 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point k
Article 2 a (new) – point k
Directive 2013/34/EU
Article 51 a (new)
Article 51 a (new)
Amendment 38 #
2013/0025(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities. In addition, trustees should declare their status to obliged entitbeneficial ownership information on companies and trusts is available through public registries.
Amendment 60 #
2013/0025(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) The European Investment Bank has adopted in 2008 an overarching internal "Policy on preventing and deterring prohibited conduct in European Investment Bank activities", including money laundering, on the legal basis of Article 325 TFEU; Article 18 of the EIB Statute; and Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002. Since the adoption of its policy the EIB refers suspicions or alleged cases of money laundering affecting projects, operations and transactions financed by the EIB to the Luxembourg Financial Intelligence Unit.
Amendment 73 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) the European Investment Bank;
Amendment 75 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) national central banks
Amendment 77 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
(2c) the Single Supervisory Mechanism
Amendment 93 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Amendment 119 #
2013/0025(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinion available to the public to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.
Amendment 121 #
2013/0025(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities. In addition, trustees should declare their status to obliged entitbeneficial ownership information on companies and trusts is available through public registries.
Amendment 163 #
2013/0025(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) The European Investment Bank (EIB) has adopted in 2008 an overarching internal "Policy on preventing and deterring prohibited conduct in European Investment Bank activities", including money laundering, on the legal basis of Article 325 TFEU, Article 18 of the EIB Statute, and Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002. Since the adoption of its policy the EIB refers suspicions or alleged cases of money laundering affecting projects, operations and transactions financed by the EIB to the Luxembourg Financial Intelligence Unit.
Amendment 168 #
2013/0025(COD)
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Obliged entities must identify the customer and the beneficial owner(s) of their customers in accordance with Article 11(a) and (b) before identifying a business relationship as lower risk.
Amendment 180 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) The European Investment Bank;
Amendment 182 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) national central banks;
Amendment 183 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities established within their territory obtain and hold adequate, accurate and current information on their beneficial ownershipinformation on the following: (a) basic information: the company name, company number, proof of incorporation, legal form and status, the address of the registered office (and the of the principle place of business if different from the registered office), the basic regulating powers (e.g. memorandum & articles of association), a list of directors (including their nationality and date of birth). (b) a list of its shareholders or members, containing the names of the shareholders and members, and number of shares held by each shareholder, and categories of shares (including the nature of the associated voting rights). For shareholders who are natural persons the list shall include their name, date of birth and nationality. For shareholders who are corporate or legal entities, the list shall include their name, company number and jurisdiction of incorporation. (c) if a company's beneficial owner is different from its shareholders, a list of the beneficial owner(s), including their name, date of birth, nationality and country of residence. If relevant, this list should include their proportion of shareholding or control.
Amendment 184 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
(2c) the Single Supervisory Mechanism;
Amendment 189 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member Sstates shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entitiescompany registers are accessible online to the public, in open data format.
Amendment 195 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member states shall ensure that the information referred to in paragraph 1 is adequate, accurate and up-to-date. If any of the information changes, the corporate or legal entity must update the registry within 30 days. There should be appropriate administrative sanctions for natural and legal persons who provide fraudulent information in line with Section 4 of this Directive.
Amendment 203 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. The information held should include the date of birth and nationality of all individuals.
Amendment 206 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member Sstates shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10all express trusts governed under their law are listed in a registry of trusts.
Amendment 208 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member Sstates shall ensure that the information referred tocollected in paragraph 1 of this Articlis submitted to the register by the trustee can be accessed in a timely manner by competent authorities and by obliged entitiesd that it is adequate, accurate and up-to- date. There should be appropriate administrative sanctions for individuals who provide fraudulent information in line with Section 4 of this Directive.
Amendment 210 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Member states shall ensure that trust registers are accessible online to the public, in open data format.
Amendment 211 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 b (new)
Article 30 – paragraph 4 b (new)
4b. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.
Amendment 212 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 c (new)
Article 30 – paragraph 4 c (new)
4c. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts
Amendment 214 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
A percentage of 2510% plus one share shall be evidence of ownership or control through shareholding and applies to every level of direct and indirect ownership;
Amendment 228 #
2013/0025(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
These measures shall include participation of their relevant employees in special ongoing training programmes to help them recognise operations which may be related to money laundering or terrorist financing and to instruct them as to how to proceed in such cases. Member states shall ensure that obliged entities designate a senior executive to be ultimately responsible for the entity's anti- money laundering policies and procedures.
Amendment 236 #
2013/0025(COD)
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
Member States shall ensure that their FIUs co-operate with each other and with FIUs from non-Member States, to the greatest extent possible irrespective of whether they are administrative, law enforcement or judicial or hybrid authorities.
Amendment 242 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point d
Article 56 – paragraph 2 – point d
(d) a temporary or permanent ban against any member of the obliged entity's management body, who is held responsible, to exercise functions in institutions;
Amendment 243 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point e
Article 56 – paragraph 2 – point e
(e) in case of a legal person, administrative pecuniary sanctions of up to 120% of the total annual turnover of that legal person in the preceding business year;
Amendment 244 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point f
Article 56 – paragraph 2 – point f
(f) in case of a natural person, administrative pecuniary sanctions of up to EUR 5 000 000, or in the Member States where the euro is not the official currency, the corresponding value in the national currency on the date of entry into force of this Directivean unlimited amount;
Amendment 245 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point g
Article 56 – paragraph 2 – point g
(g) administrative pecuniary sanctions of up to twiceen times the amount of the profits gained or losses avoided because of the breach where those can be determined.
Amendment 246 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point g a (new)
Article 56 – paragraph 2 – point g a (new)
(ga) request the freezing or sequestration of assets;
Amendment 248 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Member States shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this Directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets. Where publication would cause a disproportionate damage to the parties involved, competent authorities shall publish the sanctions on an anonymous basis.
Amendment 249 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 2 – point b a (new)
Article 57 – paragraph 2 – point b a (new)
(ba) where applicable, the extent to which an employee has been encouraged or pressured to act in a certain way by the internal rules, instructions or practices of the relevant institution;
Amendment 251 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. In order to ensure their consistent application and dissuasive effect across the Union, EBA, EIOPA, and ESMA shall issue guidelines addressed to competent authorities in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010 on types of administrative measures and sanctions and level of administrative pecuniary sanctions applicable to obliged entities referred to in Article 2(1)(1) and (2). These guidelines shall be issued within 2 years of the date of entry into force of this Directive.
Amendment 253 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Member States shall ensure that competent authorities establish effective mechanisms to encourage reporting of breaches of the national provisions implementing this Directive to competent authorities. Such procedures shall ensure that the following principles are complied with:
Amendment 254 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
(b) appropriate protection for employees of institutions who report breaches committed within the institution, including full anonymity, for persons who report potential or actual breaches, in particular and without prejudice to national provisions regulating judicial proceedings, the confidentiality of the identity of those persons during all stages of the procedure;
Amendment 255 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b a (new)
Article 58 – paragraph 2 – point b a (new)
(ba) appropriate protection for the accused person;
Amendment 256 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b b (new)
Article 58 – paragraph 2 – point b b (new)
(bb) appropriate protection from adverse treatment at work for, and provision of legal assistance to, both the person who reports and the accused person;
Amendment 263 #
2013/0025(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinion available to the public to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing.
Amendment 331 #
2013/0025(COD)
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Obliged entities must identify the customer and the beneficial owner(s) of their customers in accordance with Article 11(a) and (b) before identifying a business relationship as lower risk.
Amendment 362 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities established within their territory obtain and hold adequate, accurate and current information on their beneficial ownershipinformation on the following: (a) basic information: the company name, company number, proof of incorporation, legal form and status, the address of the registered office (and of the principle place of business if different from the registered office), the basic regulating powers (e.g. memorandum & articles of association), a list of directors (including their nationality and date of birth). (b) a list of its shareholders or members, containing the names of the shareholders and members, and number of shares held by each shareholder, and categories of shares (including the nature of the associated voting rights). For shareholders who are natural persons the list shall include their name, date of birth and nationality. For shareholders who are corporate or legal entities, the list shall include their name, company number and jurisdiction of incorporation. (c) if a company's beneficial owner is different from its shareholders, a list of the beneficial owner(s), including their name, date of birth, nationality and country of residence. If relevant, this list should include their proportion of shareholding or control.
Amendment 381 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member states shall ensure that the information referred to in paragraph 1 is adequate, accurate and up-to-date. If any of the information changes, the corporate or legal entity must update the registry within 30 days. There should be appropriate administrative sanctions for natural and legal persons who provide fraudulent information in line with Section 4 of this Directive.
Amendment 390 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member Sstates shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entitiescompany registers are accessible online to the public, in open data format.
Amendment 397 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. The information held should include the date of birth and nationality of all individuals.
Amendment 400 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member Sstates shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10all express trusts governed under their law are listed in a registry of trusts.
Amendment 403 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member Sstates shall ensure that the information referred tocollected in paragraph 1 of this Articlis submitted to the register by the trustee can be accessed in a timely manner by competent authorities and by obliged entitiesd that it is adequate, accurate and up-to- date. There should be appropriate administrative sanctions for individuals who provide fraudulent information in line with Section 4 of this Directive.
Amendment 407 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Member states shall ensure that trust registers are accessible online to the public, in open data format.
Amendment 408 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 b (new)
Article 30 – paragraph 4 b (new)
4b. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.
Amendment 410 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4 c (new)
Article 30 – paragraph 4 c (new)
4c. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts.
Amendment 458 #
2013/0025(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
These measures shall include participation of their relevant employees in special ongoing training programmes to help them recognise operations which may be related to money laundering or terrorist financing and to instruct them as to how to proceed in such cases. Member states shall ensure that obliged entities designate a senior executive to be ultimately responsible for the entity's anti- money laundering policies and procedures.
Amendment 479 #
2013/0025(COD)
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
Member States shall ensure that their FIUs co-operate with each other and with FIUs from non-Member States, to the greatest extent possible irrespective of whether they are administrative, law enforcement or judicial or hybrid authorities.
Amendment 500 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point d
Article 56 – paragraph 2 – point d
(d) a temporary or permanent ban against any member of the obliged entity's management body, who is held responsible, to exercise functions in institutions;
Amendment 502 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point e
Article 56 – paragraph 2 – point e
(e) in case of a legal person, administrative pecuniary sanctions of up to 120% of the total annual turnover of that legal person in the preceding business year;
Amendment 503 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point f
Article 56 – paragraph 2 – point f
(f) in case of a natural person, administrative pecuniary sanctions of up to EUR 5 000 000, or in the Member States where the euro is not the official currency, the corresponding value in the national currency on the date of entry into force of this Directivean unlimited amount;
Amendment 504 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point g
Article 56 – paragraph 2 – point g
(g) administrative pecuniary sanctions of up to twiceen times the amount of the profits gained or losses avoided because of the breach where those can be determined.
Amendment 505 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point g a (new)
Article 56 – paragraph 2 – point g a (new)
(ga) request the freezing or sequestration of assets;
Amendment 506 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Member States shall ensure that competent authorities publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this Directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets. Where publication would cause a disproportionate damage to the parties involved, competent authorities shall publish the sanctions on an anonymous basis.
Amendment 511 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 2 – point b a (new)
Article 57 – paragraph 2 – point b a (new)
(ba) where applicable, the extent to which an employee has been encouraged or pressured to act in a certain way by the internal rules, instructions or practices of the relevant institution;
Amendment 512 #
2013/0025(COD)
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. In order to ensure their consistent application and dissuasive effect across the Union, EBA, EIOPA, and ESMA shall issue guidelines addressed to competent authorities in accordance with Article 16 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010 on types of administrative measures and sanctions and level of administrative pecuniary sanctions applicable to obliged entities referred to in Article 2(1)(1) and (2). These guidelines shall be issued within 2 years of the date of entry into force of this Directive.
Amendment 515 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
(b) appropriate protection for employees of institutions who report breaches committed within the institution, including full anonymity, for persons who report potential or actual breaches, in particular and without prejudice to national provisions regulating judicial proceedings, the confidentiality of the identity of those persons during all stages of the procedure;
Amendment 516 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b a (new)
Article 58 – paragraph 2 – point b a (new)
(ba) appropriate protection for the accused person;
Amendment 517 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b b (new)
Article 58 – paragraph 2 – point b b (new)
(bb) appropriate protection from adverse treatment at work for, and provision of legal assistance to, both the person who reports and the accused person;
Amendment 48 #
2013/0000(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas transfer pricing resulting in tax avoidance negatively affects the budgets of developing countries with an estimated loss of circa 125 billion euros in tax revenues annually which represents almost twice the amount developing countries receive in international aid;
Amendment 62 #
2013/0000(INI)
-4. Urges Member States to take strong action on a global level, through the G8, G20 and other international fora, to tackle tax fraud, tax evasion and to close tax havens;
Amendment 103 #
2013/0000(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to urgently develop a comprehensive strategy based on concrete legislative actions to close the EU tax gap and ensure all companies that have operations in the EU fulfil their tax obligations in all the member states in which they are operating;
Amendment 118 #
2013/0000(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges Member States to allocate adequate resources, staff, expertise and budget to their national tax administrations and tax audit staff;
Amendment 122 #
2013/0000(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to take immediate action with regard to transparency of companies tax payments by obliging all multinational companies to publish a simple, single figure for the amount of tax paid in each member state in which they are operating;
Amendment 157 #
2013/0000(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Urges Member States to take action to tackle tax avoidance and fraud in dependencies and overseas territories;
Amendment 175 #
2013/0000(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges Member States to take immediate action on so-called "transfer pricing" i.e. the shifting of profits of tax havens to avoid tax in both developed and developing countries;
Amendment 195 #
2013/0000(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Urges the Commission to take action on companies' aggressive tax planning units, in particular in the financial services sector;
Amendment 11 #
2012/2098(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Insists that any enterprise that is found to be blacklisting workers or breaching human rights and labour standards should be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level;
Amendment 12 #
2012/2098(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls for CSR policies to include specific measures to tackle the unlawful practice of blacklisting workers and denying them access to employment, often due to their trade union membership and activities or role as health and safety representative;
Amendment 13 #
2012/2098(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls for mechanisms to be put in place whereby CSR principles must be respected not only by the main company but also by the supply chain and any subcontractors which it may use, whether in the supply of goods, workers or services;
Amendment 14 #
2012/2098(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Asks that CSR policies include provisions relating to migrant, agency and posted workers;
Amendment 16 #
2012/2098(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges the importance of businesses divulging social and environmental information, with a view to identifying sustainability risks and increasing investor and consumer trust; points to the substantial progress being made in this respect to date and the EU’s position of global leadership in this areaand calls on the Commission to firmly root European initiatives in this area toward the objective of the International Integrated Reporting Council (IIRC) to make IR the global norm within the next decade;
Amendment 19 #
2012/2098(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is closely monitoring the current discussions on the legislative proposal on the transparency of the social and environmental information provided by companies; advocates the adoption of an approach allowing the greatest possible flexibility of action to be maintained, matched by a sufficient level of comparability to meet the needs of investors and other stakeholders, in order to take account of CSR’s multi- dimensional nature and the diversity of the CSR policies implemented by businesses;
Amendment 20 #
2012/2098(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to give further consideration tof binding and non- binding measures to facilitate the recognition and promotion of efforts by businesses in connection with transparency and the disclosure of non-financial information;
Amendment 22 #
2012/2098(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is firmly opposed to the introduction of specific parameters, such as EU-wide performance indicators, which could give rise to unnecessary red tape and inefficient operational strictures; believes that the best safeguard against this is to promote globally accepted methodologies such as those of the Global Reporting Initiative and the Integrated Reporting Council;
Amendment 24 #
2012/2098(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for full and active consultation and involvement of representative organisations, including trade unions, in the development, operation and monitoring of companies’ CSR processes and structures, working with employers in a genuine partnership approach;
Amendment 27 #
2012/2098(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Endorses the Commission’s Directive on minimum standards for victims; calls for the CSR policies of companies in the relevant sectors (such as travel, insurance, accommodation and telecommunications) to include positive and practical strategies and structures to support victims of crime and their families during a crisis, and to set up specific policies for any employee who becomes a victim of crime, whether in the workplace or outside;
Amendment 28 #
2012/2098(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Asks the Commission to introduce a more open and clear procedure for filing and considering complaints of non- compliance with CSR principles, including enforcement mechanisms and the initiation of investigations where necessary;
Amendment 38 #
2012/2098(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reaffirms the belief that the development of CSR should be driven primarily by businesses themselves,through the multi-stakeholder approach in which businesses themselves are at the forefront; and which must be able to develop an approach tailored to their own specific situation; stresses the need for targeted measures and approaches for the development of CSR among SMEs;
Amendment 40 #
2012/2098(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes that the current Commission strategy for CSR covers the period 2011- 2014; calls on the Commission to ensure that an ambitious strategy is adopted in good time for the period after 2014;
Amendment 4 #
2012/2097(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 4 #
2012/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for financial institutions to be required to provide consumers with adequatfull and easily understandable information regarding the risks involved in foreign currency lending and the impact on instalments of a severe depreciation of the legal tender of the Member State in which a consumer is domiciled and of an increase of the foreign interest rate; considers that this information should be included in any advertising concerning consumer credit agreements in foreign currency, in pre- contractual information, and in consumer credit agreements;
Amendment 30 #
2012/2037(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to present to the European Parliament and the Council an assessment report on the implementation of the Directive and a full assessment of its impact regarding consumer protection taking into account the consequences from the financial crisis and the new EU legal framework for financial services;
Amendment 104 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 7580 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 120 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 136 #
2012/0366(COD)
Proposal for a directive
Article 16 – title
Article 16 – title
Amendment 137 #
2012/0366(COD)
Article 16 a Point-of-sale displays of tobacco 1. Member States shall prohibit point-of- sale displays of tobacco in their territory. 2. Tobacco products shall be completely concealed from the customer except during the purchase or sale of tobacco products, or stocktaking, restocking, staff training or maintenance of the storage unit. 3. Display of tobacco products for those reasons listed in paragraph 2 may only last as long as is necessary to complete those tasks. 4. Prices of tobacco products shall be listed in a standardised format. No package deals or special discounts shall be displayed.
Amendment 183 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 g (new)
Article 1 – paragraph 1 – point 1 g (new)
Regulation (EU) No 1093/2010
Article 8 – paragraph 2 – subparagraph 2 a (new)
Article 8 – paragraph 2 – subparagraph 2 a (new)
1 g. In Article 8(2) the following paragraph shall be added: "When exercising the powers referred to in this paragraph and undertaking the tasks referred to in paragraph 1, the Authority shall have due regard to the principles of good regulation, including to the results of the analysis of costs and benefits produced in compliance with the requirements of this Regulation."
Amendment 221 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and two membersat least five appropriately qualified experts. The panel members shall be fully independent of EBA and of national competent authorities. Members of the panel shall be appointed by the Board of Supervisors among its voting members. At least one member of the independent panel shall be f and shall include a proportional representation of eurom a Member State which is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]rea and non-euro area Member States."
Amendment 234 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
"1. Decisions of the Board of Supervisors shall be taken by a simple majority of its members which shall include: (i) a simple majority of those Member States which are participating Member States in accordance with Regulation (EU) No .../...[127(6) TFEU Council Regulation] and those Member States which have entered into close cooperation with the ECB in accordance with that Regulation, and (ii) a simple majority of Member States not included in point (i). Each member shall have one vote."
Amendment 239 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions. The qualified majority according to this subparagraph shall include at least the simple majorities as required by points (i) and (ii) of the first subparagraph."
Amendment 245 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"With regard to decisions in accordance with Articles 17 and 19, the decision proposed by the panel shall be considered as adopted unless it is rejected by a simple majority which shall include at least three votes from members of participating Member States and three votes from member. For the purposes of this subparagraph the Member of the board that is the head of the competent authority of the Member State that is subject to the decision of the panel shall not vote. For the purposes of this subparagraph, where the decision relates to a decision of the ECB in accordance with its competence under Regulation (EU) No .../...[127(6) TFEU Council Regulation], Members of the board that are heads of the competent authorities of Member States which are neither participating Member States in accordance with Regulation (EU) No …/….../...[127(6) TFEU Council Regulation] norand Member States which have entered into close cooperation with the ECB in accordance with that Regulation shall not vote."
Amendment 248 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 4
Article 44 – paragraph 1 – subparagraph 4
Amendment 251 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5
Article 44 –paragraph 1 – subparagraph 5
Amendment 255 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 –paragraph 1 – subparagraph 6
Article 44 –paragraph 1 – subparagraph 6
"With regard to the composition of the panel in accordance with Article 41(2), the Board of Supervisors shall strive for consensus. In the absence of consensus, decisions of the Board of Supervisors shall be taken by a majority of three quarters of its members, including at least the simple majorities as required by points (i) and (ii) of the first subparagraph. Each member shall have one vote."
Amendment 777 #
2012/0242(CNS)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The ECB shall allow EU citizens to monitor the independence of policy- making and supervisory functions from private interests by participating in the inter-institutional Transparency Register, together with the European Parliament and Commission.
Amendment 929 #
2012/0242(CNS)
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The ECB shall create a standing ethics committee to assess possible conflicts of interest resulting from post- office employment of ECB staff members engaged in supervisory activities. The committee will be responsible for elaborating comprehensive and formal procedures for assessment. The results of such assessments shall be publicly disclosed.
Amendment 930 #
2012/0242(CNS)
Proposal for a regulation
Article 25 – paragraph 2 b (new)
Article 25 – paragraph 2 b (new)
2b. Former ECB staff members who have been engaged in supervisory activities, and who intend to engage in an occupation during the two years after they have ceased to hold office, shall inform the ethics committee in good time. The committee shall make a decision by one month since receiving the information on the compatibility of the employment offer with the need to ensure the integrity and independence of staff. Former ECB staff members can engage in the occupation only after approval of the ethics committee.
Amendment 931 #
2012/0242(CNS)
Proposal for a regulation
Article 25 – paragraph 2 c (new)
Article 25 – paragraph 2 c (new)
2c. Members of the supervisory board shall be prohibited from taking paid work in private sector institutions for which the ECB has supervisory responsibility during the two years after they have ceased to hold office.
Amendment 229 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting society’ means any non- profit organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or directly or indirectly controlled by its membright holders;
Amendment 255 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right tomay authorise a collecting society of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder. Rightholders may authorise a collecting society to manage their rights on an exclusive or a non- exclusive basis.
Amendment 405 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The tariffs for exclusive rightsapplied shall reflect the economic value of the rights in trade and of the service provided by the collecting society.
Amendment 412 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
In the absence of any national law which establishes the amounts due to rightholders in respect of a right to remuneration and a right to compensation, the collecting society shall base its own determination of those amounts due, on the economic value of those rights in trade.
Amendment 418 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Member States shall ensure that users give collective societies information concerning the usage of works and other subject matter on time and in an agreed format. so as to enable the collecting societies to distribute the rights revenue. Whenever there is a generally applicable or court-determined tariff in force, users should pay the licence fees or remuneration to the collecting societies on time.
Amendment 518 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body. Member States shall ensure that these dispute resolution bodies are specialised in IP matters and that their decisions are made on the basis of the criteria set out in Article 15 (2).
Amendment 525 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Member States shall ensure that if users resort to dispute resolution bodies, the sums in question are frozen while the process is pending.
Amendment 114 #
2012/0175(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Various types of persons or institutions, such as agents, brokers and ‘bancassurance’ operators, insurance undertakings, travel agents and car rental companies can distribute insurance products. ETo ensure equality of treatment between insurance operators and a consistent level of customer protection requires that all these persons or institutions be covered by this Directive.
Amendment 118 #
2012/0175(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to guarantee that the same level of consumer protection applies regardless of the channel through which consumers buy an insurance product, either directly from an insurance undertaking or indirectly from an intermediary, the scope of the Directive needs to cover not only insurance undertakings but all other market participants who sell insurance products on an ancillary basis (e.g. travel agents and car rental companies, suppliers of goods not meeting conditions for the exemption).
Amendment 143 #
2012/0175(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Consumers should be provided in advance with clear information about the status of the persons who sell the insurance product and about the remuneration which they receive. There is an urgent need to introduce a mandatory status disclosure for European insurance intermediaries and insurance undertakings. This information should be given to the consumer at the pre- contractual stage. Its rolpurpose is to showhelp make the relationship between the insurance undertaking and the intermediary (where applicable) as well as the structure and the content of the intermediaries' remuneration more transparent to the consumer.
Amendment 159 #
2012/0175(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to avoid mis-selling cases, if necessary, the sale of insurance products should be accompanied withby honest, fair and professional advice.
Amendment 162 #
2012/0175(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the conclusion of a contract, including in the case of non-advised sales, the customer should be given the relevant information about the insurance product to allow the customer to make an informed decision. The insurance intermediary should be able to explain to the customer the key features of the insurance products it sells and therefore its staff should be given appropriate resources and time to do so.
Amendment 175 #
2012/0175(COD)
Proposal for a directive
Recital 47
Recital 47
(47) In order to detect potential breaches, the competent authorities should have the necessary investigatory powers, and should establish effective mechanisms to encourage reporting of potential or actual breaches which provide appropriate protection for those who denounce such breaches.
Amendment 206 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – subparagraph 1
Article 2 – paragraph 1 – point 3 – subparagraph 1
3. ‘insurance mediation’ means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of contracts of insurance, concluding such contracts or assisting in the administration and performance of such contracts, in particular in the event of a claim , and the activity of professional management of claims and loss adjusting, including price comparison websites. These activities shall be considered to be insurance mediation also if carried on by an insurance undertaking without the intervention of an insurance intermediary.
Amendment 223 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
10. ‘'contingent commission’' means a remuneration in the form of a commission where the amount payable is based on the achievement of agreedproduct or sales targets relating to the business placedactivities run by the intermediary with that insurer;
Amendment 232 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘'remuneration’' means any commission, fee, charge or other payment, including an economic benefit or inducement of any kind, offered, paid or given in connection with insurance mediation activities.
Amendment 298 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Insurance and reinsurance intermediaries, including those who pursue these activities on an ancillary basis, persons carrying on the activities of the professional management of claims, loss adjusting or expert appraisal of claims, and members of staff of insurance undertakings carrying out insurance mediation activities, shall possess appropriate knowledge and ability, as determined by the homest Member State of the intermediary or undertaking, to complete their tasks and perform their duties adequatet a high standard clearly, demonstrating appropriate professional experience relevant to the complexity of the products they are mediating.
Amendment 323 #
2012/0175(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
1a. Such powers shall include, at least, the rights to: (a) have access to any document in any form whatsoever which would be relevant for the performance of the supervisory duties and to receive a copy of it; (b) demand information from any person and if necessary to summon and question a person with a view to obtaining information; (c) carry out on-site inspections including undercover ones;
Amendment 356 #
2012/0175(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a – point ii
Article 16 – paragraph 1 – point a – point ii
(ii) whether or not it offers or provides any type of advice about the insurance products sold and the nature of such advice;
Amendment 387 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) the exact nature of the remuneration received in relation to the insurance contract;
Amendment 404 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f a (new)
Article 17 – paragraph 1 – point f a (new)
(fa) if the intermediary receives other kind of remuneration in connection with insurance mediation activities, the nature and the economic value of this remuneration;
Amendment 428 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) provide the customer with the amount or, where the precise amount is not capable of being given, the basis of calculation of the fee or commission or the combination of both, if the customer so requests.
Amendment 477 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The details referred to in points (a) and (b) of paragraph 1 shall be modulated according to the complexity of the insurance product being proposed and the level of financial risk to the customer, regardless of the distribution route they select.
Amendment 509 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Member States shall not allow creditors to make loans subject to the contracting of a credit insurance policy or to refuse them where the consumer fails to take out such an insurance policy with the lender or an alternative supplier.
Amendment 552 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall require that, when carrying out insurance mediation with or for customers, an insurance intermediary or insurance undertaking always acts honestly, fairly and professionally in accordance with the best interests of its customers and complies, in particular, with the principles set out in this Article and in Article 25.
Amendment 555 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. All information, including marketing communications, addressed by the insurance intermediary or insurance undertaking to customers or potential customers shall always be fair, clear and not misleading. Marketing communications shall be clearly identifiable as such by the consumer.
Amendment 624 #
2012/0175(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The customer must receive from the insurance intermediary or insurance undertaking adequate reports on the service provided to its customers. These reports shall include periodic communications to customers, taking into account the type and the complexity of insurance products involved and the nature of the service provided to the customer and shall include, where applicable, all the costs associated with the transactions and services undertaken on behalf of the customer. When providing advice, the insurance intermediary or insurance undertaking shall specify exactly how the advice given meets the personal characteristics of the customer.
Amendment 631 #
2012/0175(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall provide that the competent authority immediately publishes any sanction or measure that has been imposed for breaches of the provisions of the national provisions adopted in the implementation of this Directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such disclosure would seriously jeopardise insurance and reinsurance markets. Where the publication would cause a disproportionate damage to the parties involved, the competent authorities shall publish the sanctions on an anonymous basis.
Amendment 653 #
2012/0175(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that the competent authorities establish effective mechanisms to encourage reporting of potential or actual breaches of national provisions implementing this Directive to the competent authorities.
Amendment 654 #
2012/0175(COD)
Proposal for a directive
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) appropriate protection for employees of insurance or reinsurance undertakings or intermediaries who denounce, including anonymity where appropriate, for those who denounce the commission of breaches committed within them; and
Amendment 145 #
2012/0169(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Although improving investment product disclosures is essential to rebuild the trust of retail investors in the financial markets, product design rules are equally important to ensure effective retail investor protection. Imperfect advice from financial advisors, biases in decision making and evidence that financial behaviour depends primarily on psychological attributes create issues that need to be addressed through curbing complexity in the packaging of investment products.
Amendment 146 #
2012/0169(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) In order to safeguard investors' interests, it is necessary to lay down rules defining the assets that investment products sold to retail investors can invest in. This will ensure that unusual and/or unregulated asset classes are not offered to retail investors. It is also necessary to limit the maximum risk exposure of the products relative to their notional value. With regard to derivative instruments, requirements should be set in terms of the eligibility of the instruments, limiting the use of derivative instruments to plain vanilla derivative instruments, average rate options and first generation barrier options. Such a limitation to simple derivative instruments would not restrict investors' choice but prevent unsuitable and excessively complex risk exposures and packaging features from being offered to non-professional investors.
Amendment 225 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f a (new)
Article 4 – paragraph 1 – point f a (new)
(fa) 'eligible asset' means authorized asset as defined in Article 13a;
Amendment 226 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f b (new)
Article 4 – paragraph 1 – point f b (new)
(fb) 'plain vanilla swap' means a derivative instrument involving one party, the fixed rate payer, making fixed payments, and the other party, the floating rate payer, making payments which depend on the level of future interest rates. Interest rate payments are made on a notional amount and there is no exchange of principal and no additional features;
Amendment 227 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f c (new)
Article 4 – paragraph 1 – point f c (new)
(fc) 'plain vanilla forward contract' means a contract involving the sale by one party and the purchase by another party of a predetermined amount of an underlying asset, at a predefined price and at predefined date in the future with no additional features;
Amendment 228 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f d (new)
Article 4 – paragraph 1 – point f d (new)
(fd) 'plain vanilla option' means the most basic option type with a simple expiration date and strike price with no additional features;
Amendment 229 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f e (new)
Article 4 – paragraph 1 – point f e (new)
(fe) 'simple barrier option' means an option which can be exercised only (i) if the price of the underlying asset has not reached or crossed a predetermined level; or (ii) if the price of the underlying asset has reached or crossed a predetermined level;
Amendment 230 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f f (new)
Article 4 – paragraph 1 – point f f (new)
(ff) 'binary option' means a financial contract with a predetermined payoff conditional upon certain specific conditions occurring and zero otherwise;
Amendment 231 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f g (new)
Article 4 – paragraph 1 – point f g (new)
(fg) 'average rate option' means an option where the strike price is calculated as the average price of the underlying asset over a predetermined period;
Amendment 232 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f h (new)
Article 4 – paragraph 1 – point f h (new)
(fh) 'forward start option' means a plain vanilla option whose strike price will be fixed later than the trade date;
Amendment 233 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f i (new)
Article 4 – paragraph 1 – point f i (new)
(fi) 'option with deferred settlement' means a plain vanilla option whose settlement date is later than 2 business days after its expiry date;
Amendment 234 #
2012/0169(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f j (new)
Article 4 – paragraph 1 – point f j (new)
(fj) 'path-dependent payoff' means an investment product return that is linked not only to the value at maturity of the underlying assets but also to their value at several points in time during the life of the investment product;
Amendment 397 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) under a section titled ‘"What are the costs?’", the costs associated with an investment in the investment product, comprising bothall direct and indirect costs to be borne by the investor, including summary indicators of these coststransaction costs expressed as a percentage of the net asset value. Summary indicators of all the above costs shall also be included;
Amendment 575 #
2012/0169(COD)
Proposal for a regulation
Chapter II a, Article 13 a (new)
Chapter II a, Article 13 a (new)
Amendment 576 #
2012/0169(COD)
Proposal for a regulation
Chapter II a, Article 13 b (new)
Chapter II a, Article 13 b (new)
Amendment 577 #
2012/0169(COD)
Proposal for a regulation
Chapter II a, Article 13 c (new)
Chapter II a, Article 13 c (new)
Article 13 c Use of derivatives 1. The following types of derivative instruments, including equivalent cash- settled instruments, dealt in on a a regulated market as defined in points a, b and c of Article 50(1) of Directive 2009/65/EC, or financial derivative instruments dealt in over-the-counter (OTC) derivatives, are eligible to be used within investment products sold to retail investors: (a) Plain vanilla swaps, plain vanilla forward contracts and futures contracts; (b) Plain vanilla options; (c) Simple barrier options and binary options, provided that: (i) the notional amount of each binary option, including binary options embedded into other derivative instruments or replicated with plain vanilla instruments, whose digital payoff would impact negatively the investment product's return, is lower than 10% of the investment product notional amount; and (ii) the sum of the notional of all binary options, including binary options embedded into other derivative instruments or replicated with plain vanilla instruments, whose digital payoffs would impact negatively the investment product's return, is lower than 20% of the investment product notional amount; and (iii) the underlying of the barrier trigger is identical to the underlying of the option. (d) Average rate options; (e) Forward start options and options with a deferred settlement.
Amendment 578 #
2012/0169(COD)
Proposal for a regulation
Chapter II a, Article 13 d (new)
Chapter II a, Article 13 d (new)
Article 13 d Payoff rules 1. The payoff of an investment product shall not: a) include a number of mechanisms, events or asset classes creating a risk of misinterpretation; (b) be conditional upon the occurrence of events uncommon for non-professional investors, such as the level of regulatory capital of a financial institution; (c) include packaging features playing on the behavioural biases of investors 2. The European Banking Authority (EBA), the European insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA) shall develop guidelines providing further guidance on the conditions referred to in paragraph 1 of this article.
Amendment 590 #
2012/0169(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Where a retail investor initiates a procedure for alternative dispute resolution laid down in national law against an investment product manufacturer or a person selling investment products with regard to a dispute concerning rights and obligations established under this Regulation, the investment product manufacturer or the person selling investment products shall participate in that procedure, provided that it fulfils the following requirements:.
Amendment 593 #
2012/0169(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 598 #
2012/0169(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 601 #
2012/0169(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
Amendment 604 #
2012/0169(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
Amendment 607 #
2012/0169(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point e
Article 15 – paragraph 1 – point e
Amendment 610 #
2012/0169(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
Amendment 146 #
2012/0150(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A regime is, therefore, needed to provide authorities with thea credible set of tools to intervene sufficiently early and quickly in an unsound or failing credit institution so as to ensure the continuity of the credit institution’s essential financial and economic functions, while minimizing the impact of an institution’s failure on the financial system and ensuring that shareholders and creditors bear appropriate losseappropriate losses are imposed on the shareholders and creditors who bore the risk of investing in these institutions. New powers should enable authorities to maintain uninterrupted access to deposits and payment transactions, sell viable portions of the firm where appropriate, and apportion losses in a manner that is fair and predictable. Those objectives should ensure that taxpayers are no longer liable for failing credit institutions, and help avoid destabilizing financial markets and minimize the costs for taxpayers..
Amendment 646 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. For the purposes of paragraph 3, measures identified by a resolution authority may, where necessary and proportionatewhere an institution is required to reduce or remove the impediments to resolvability in question measures identified may, where necessary and proportionate, include the following:
Amendment 807 #
2012/0150(COD)
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Where an institution does not meet or is likely to breach the requirements of Directive 2006/48/EC, Member States shall ensure that competent authorities, , have at their disposal, in addition to the measures referred to in Article 136 of Directive 2006/48/EC where applicable, in particular, the following measures:
Amendment 900 #
2012/0150(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 901 #
2012/0150(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) the competent authority or resolution authority determines that the institution is failing or likely to fail; . This would include one or more of the following circumstances: (1) the institution is in breach or there are objective elements to support a determination that the institution will be in breach, in the near future, of the capital requirements for continuing authorisation in a way that would justify the withdrawal of the authorisation by the competent authority because the institution has incurred or is likely to incur in losses that will deplete all or substantially all of its own funds; (2) the assets of the institution are or there are objective elements to support a determination that the assets of the institution will be, in the near future, less than its liabilities; (3) the institution is or there are objective elements to support a determination that the institution will be, in the near future, unable to pay its obligations as they fall due; (4) the institution requires extraordinary public financial support except when, in order to preserve financial stability, it requires any of the following: (i) a State guarantee to back liquidity facilities provided by central banks according to the banks' standard conditions (the facility is fully secured by collateral to which haircuts are applied, in function of its quality and market value, and the central bank charges a penal interest rate to the beneficiary); or (ii) a State guarantee on newly issued liabilities in order to remedy a serious disturbance in the economy of a Member State. In both cases mentioned in points (i) and (ii), the guarantee measures shall be confined to solvent financial institutions, shall not be part of a larger aid package, shall be conditional to approval under State aid rules, and shall be used for a maximum duration of three months.
Amendment 914 #
2012/0150(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 959 #
2012/0150(COD)
Proposal for a directive
Article 29 – paragraph 1 – point f a (new)
Article 29 – paragraph 1 – point f a (new)
(fa) claims of depositors are adequately protected.
Amendment 964 #
2012/0150(COD)
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. For the purposes of paragraph 1(fa), Member States shall ensure that the claims of depositors are granted a preferential claim so as to have a higher priority ranking over the claims of ordinary unsecured creditors in the event of insolvency of the credit institution.
Amendment 965 #
2012/0150(COD)
Proposal for a directive
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
1b. Member States shall ensure that when Deposit Guarantee Schemes are subrogated to the claims of depositors by virtue of payments made to depositors up to the amount of their guaranteed deposits under the scheme, the preferential claim as established in the previous paragraph is also applicable.
Amendment 1093 #
2012/0150(COD)
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point d
Article 38 – paragraph 2 – subparagraph 1 – point d
Amendment 1233 #
2012/0150(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. When applying the write down and conversion powers in compliance with points (c) and (d) of paragraph 1, resolution authorities shall allocate the losses represented by the aggregate amount equally between liabilities of the same rank by reducing the principal amount of, or outstanding amount payable in respect of, those liabilities to the same extent pro rata to their value, unless departure from equal treatment is necessary for financial stability reasons, or to minimise overall losses for the benefit of creditors as a whole.
Amendment 104 #
2012/0011(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a This Regulation applies to the processing of personal data of data subjects not residing in the Union by a controller or processor established in the Union, through their economic activities in a third country(ies).
Amendment 146 #
2012/0011(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a The data will not be used against the data subject in a disciplinary hearing, or to blacklist, vet or bar him or her from employment.
Amendment 160 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited. In particular, this would include safeguards to prevent the blacklisting of workers, for example in relation to their trade union activities or health and safety representative roles.
Amendment 181 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate. This would include data sourced from a third party illegally and passed on to the controller.
Amendment 184 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 201 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Credit institutions that retain data for the following grounds shall be exempt from the requirements of this Article: - risk management purposes; - fulfilment of EU and international supervisory and compliance requirements; - market abuse purposes.
Amendment 341 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point d
Article 44 – paragraph 1 – point d
(d) the transfer is necessary for important grounds of public interest for example in cases of international data transfers between competition authorities, tax or customs administrations, financial supervisory authorities, between services competent for social security matters, or to competent authorities for the prevention, investigation, detection and prosecution of criminal offences; or
Amendment 400 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or immaterial damage as a result of an unlawful processing operation, including blacklisting, or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any injury to feeling.
Amendment 403 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. Any person or enterprise that is known to have infringed the provisions of this Regulation, for example by illegally accessing employees' personal data to blacklist them or bar them from employment, should be excluded from receiving Union grants and funding and from taking part in calls for tender for other public procurement contracts at Union, national or public authority level until all legal proceedings are proven to be completed and all compensation has been paid in full to any victims.
Amendment 423 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point a a (new)
Article 79 – paragraph 6 – point a a (new)
(aa) uses employees' or potential employees' personal data to blacklist them, vet them or bar them from access to future employment;
Amendment 136 #
2011/2271(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that there is a need to strike a proper balance between the public interest in combating abuse, avoiding disproportionate restrictions on cross- border activity within the EU, and better coordinating the application of anti-abuse measures in relation to third countries; regrets that some Member States have concluded agreements with third countries which permit the continuance of tax avoidance and tax secrecy, while hampering efforts by the EU to achieve a comprehensive settlement;
Amendment 32 #
2011/2181(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Deplores excessive awards for executive pay at a time when most workers are struggling with austerity measures; affirms that executive pay should reflect sustainable growth in a firm; calls therefore for greater transparency of the proportion of revenues given to executive pay compared to shareholders, workers and capital investment; calls for improved accountability and fully effective shareholder control over executive pay awards;
Amendment 35 #
2011/2181(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for an increase in the number of women on boards by means of a system of flexible quotaswidening participation in the nominations process and encouraging shareholders to become involved;
Amendment 42 #
2011/2181(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. EncouragesUrges companies to publish more information on top level pay in general, including the disclosure of the remuneration policy and the annual remuneration report, which should be subject to the approval of the assembly of shareholders; stresses however that the disclosure of individual remuneration of executive and non-executive directors would constitute a breach of privacy and should be avoided unless consent is given by the person concernedencourages greater employee representation on remuneration panels;
Amendment 6 #
2011/2149(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the strategy to recognise that disclosure of information is necessary but not sufficient by itself to provide competitive markets in which consumers can make decisions in their best interest; emphasises in this regard the crucial role of financial education;
Amendment 98 #
2011/2146(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission's assertion that it wishes to exempt in principle further categories of SSGI from the requirement that aid to them be the subject of notification; calls for an assessment as to whether such an exemption shouldto extend to care facilities for elderly people orand people with disabilities, orand to healthcare facilities;
Amendment 8 #
2011/2117(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that diversity in the field of ADR should be preserved as there is no "one size fits all" solution that could tackle the variety of problems that arise in different legal sectors;
Amendment 14 #
2011/2117(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 17 #
2011/2117(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. In order not to prejudice access to justice, counsels caution inopposes making recourse to ADR mandatory at EU level, whilst advocating voluntary adherence to ADR schemes by businesses;
Amendment 24 #
2011/2117(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes, however, that whilst respect for the confidentiality of personal data is important, there should also be a level of transparency guaranteed in the ADR process, allowing Member States and ADR bodies to identify and share best practices, and allowing independent regulators the opportunity to scrutinise the procedure in cases where complaints have been made;
Amendment 26 #
2011/2117(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that ADR is of particular interest to SMEs; reiterates its calls upon the Commission to consider synergies between ADR and an instrument in EU contract law; would also welcomeproviding guidance on ADR clauses in standard contracts;
Amendment 28 #
2011/2117(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes that the conciliatory nature of ADR means that the resolution is more likely to be considered a 'win-win' result and points to the fact that compliance with resolutions reached via ADR is generally high; believes, therefore, that up-to-date statistics regarding this should be published alongside public information on ADR;
Amendment 40 #
2011/2117(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there needs to be an improvement in general information about rights and their enforcement and specific information on ADR schemes, including their (existence, functioning, location),; considers that information programs should also point to the main advantages of choosing ADR, such as the cost in comparison to litigation, success rates and time efficiency in comparison to litigation; takes the view that such programs should be targeted in particular at citizens and SMEs; believes that ADR is most effectively provided in a network close to citizens and on the basis of joint work with Member States;
Amendment 41 #
2011/2117(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that ADR information campaigns should be run in cooperation with chambers of commerce, consumer groups and offices of fair trading (or equivalent) in order to ensure a well coordinated and effective campaign;
Amendment 1 #
2011/2087(INI)
Draft opinion
Citation 1
Citation 1
– whereas sport, in addition to being a socio-cultural phenomenon, is capable of generating significant direct revenues and couldindirect economic dividends and could therefore contribute to the Europe 2020 strategy,
Amendment 4 #
2011/2087(INI)
Draft opinion
Citation 2 a (new)
Citation 2 a (new)
- whereas sporting fixtures are increasingly of cross-border importance and whereas threats to the integrity of sport such as match-fixing cannot be dealt with within the borders of one Member State alone and therefore require cooperation and coordinated action by the Member States,
Amendment 11 #
2011/2087(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Laments cases of corruption and match-fixing in sport which harm the integrity of sport for fans and threaten the economic contribution from sport; calls therefore for the establishment of effective cooperation measures at EU level for the defence of integrity and fair play in sport consistent with Articles 6, 83 and 165 of the Treaty on the Functioning of the European Union, between sports event organisers, online betting operators and public authorities, for the purpose of promoting player education and coordinating action against fraud and corruption in sport by sharing information and expertise and by applying the common definition of offences and sanctions – including criminal sanctions – for sports fraud;
Amendment 12 #
2011/2087(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to clarify the application of state aids rules with respect to public funding for sport in order to provide legal certainty for Member States in promoting the public interest through funding for grassroots sport;
Amendment 16 #
2011/2087(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that revenue in the area of sport is normally used to finance events and competitions, participating organisations, the construction and maintenance of infrastructure and the promotion of youth and amateur sport; points out, therefore, that organisers need to have the right to merchandise their events themselves, in line with EU competition rules; notes the important role of training academies and the need to ensure their long-term viability and success through appropriate protection;
Amendment 17 #
2011/2087(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Acknowledges the link between the economic value of sport and the protection of intellectual property rights (IPR); calls on the Commission and the Member States to provide appropriate protection for IPR; stresses that on-line betting is one form of commercial exploitation of sporting events and calls on the Commission to put forward proposals to ensure a fair return for sporting events and to safeguard the integrity of grassroots sport and develop it;
Amendment 71 #
2011/2084(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls, therefore, for the establishment of a European Agency forCommission to bring forward proposals for upholding Integrity and Fair Play in Sport consistent with Articles 6, 83 and 165 of the Treaty on the Functioning of the European Union, with a specific remitincluding measures to promote player education and coordinate action against fraud and corruption in sport by sharing information and expertise and by applying the common definition of offences and sanctions, inter alia the establishment of criminal sanctions for the most serious match fixing offences;
Amendment 82 #
2011/2084(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that on-line gambling is a major source of funding for the sports industry; recalls that on-line betting is one form of the commercial exploitation of sporting events; calls on the Commission to look at ways in which a fair share of revenues from sports betting might be routinely used to safeguard the integrity of popular sport and develop it, in particular by fostering grassroots sport; calls on the Commission to ensure that there is a high level of legal security, particularly regarding application of the rules on state aid;
Amendment 1 #
2011/2026(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the hearings held by the Committee on Legal Affairs on 20 April 2006 and, 4 October 2007 and 23 May 2011,
Amendment 2 #
2011/2026(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, besides predictability, the Directive aims to establish a framework that preserves the main advantage of mediation, flexibility; whereas these two requirements should guide Member States when drawing up national laws implementing the Directive,
Amendment 6 #
2011/2026(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Commission has included in its Work Programme for 2011 a legislative proposal on Alternative Dispute Resolution,
Amendment 8 #
2011/2026(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Observes that, pursuant to Article 6 of the Directive, the majority of Member States have a procedure for giving the mediation settlement agreement the same authority as a judicial decision; notes that this is achieved either by submitting it to the court or having the agreement notarised, and that it appears that most national legislations have opted for the former solution: for instance, whereas in Greece and Slovenia the law provides that a mediation agreement record may be enforced by the courts, in the Netherlands agreements can be rendered enforceable as notarial deeds; calls on the Commission to ensure that all Member States that do not yet comply with Article 6 of the Directive do so without delay;
Amendment 11 #
2011/2026(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Observes that compulsory mediation appears to be achieving the objective in the Italian legal system by relieving congestion in the courts; nevertheless stresses that mediation should be promoted as a viable, low-cost and quicker alternative form of justice rather than a compulsory aspect of the judicial procedure;
Amendment 12 #
2011/2026(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that parties who are willing to work toward resolving their case are more likely to work with one another than against one another; believes that therefore these parties are often more open to consideration of the other party’s position and work on the underlying issues of the dispute; considers that this often has the added benefit of preserving the relationship the parties had before the dispute, which is of particular importance in family matters involving children;
Amendment 15 #
2011/2026(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes that solutions resulting from mediation and developed between parties could not be provided by a judge or a jury; believes, therefore, that mediation is more likely to produce a result that is mutually agreeable, or ‘win-win’, for the parties; notes that, as a result, acceptance of such an agreement is more likely and compliance with mediated agreements is usually high;
Amendment 16 #
2011/2026(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Believes that there is a need for increased awareness and understanding of mediation, and calls for further action relating to education, growing awareness of mediation, enhancing mediation uptake by businesses and requirements for access to the profession of mediator;
Amendment 17 #
2011/2026(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Considers that national authorities should be encouraged to develop programmes in order to promote adequate knowledge of alternative dispute resolution; those actions should address the main advantages of mediation: cost, success rate and time efficiency, and should concern lawyers and businesses, in particular SMEs, as well as academics;
Amendment 18 #
2011/2026(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
Amendment 28 #
2011/2011(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the lack of coordinated and effective regulation of the global financial system led to the financial sector exacerbating the vulnerabilities in the global economy and triggering the economic crisis,
Amendment 149 #
2011/2011(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends an enhanced macro- prudential dialogue, with a focus on the Atlantic dialogue, thorough and even- handed implementation of the Basel III package and further discussions on widening the scope of supervision to non- bank financial institutions; calls for continued momentum behind reform of financial sector regulation to ensure finance effectively supports stability and growth in the real global economy;
Amendment 60 #
2011/0373(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors. This should include complaints submitted by consumers against traders but also complaints submitted by traders against consumers. This Directive should not apply to disputes between traders; however, it should not prevent Member States from adopting or maintaining in force provisions on procedures for the out- of-court resolution of such disputes.
Amendment 64 #
2011/0373(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Member States should ensure that all disputes covered by this Directive can be submittresolved toby an ADR entity fulfilling the requirements set out in this Directive. Member States should have the possibility to fulfil this obligation by relying on existing ADR entities and adjusting their scope of application, if needed, or by providing for the creation of new ADR entities. This Directive should not oblige Member States to create a specific ADR entity in each retail sector. Member States should have the possibility to provide for the creation of a residual ADR entity that deals with disputes for the resolution of which no specific entity is competent.
Amendment 68 #
2011/0373(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered independent and impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. There is a particular need to ensure the absence of such pressure where ADR entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member. Conflicts of interest may also arise when the person taking the decision of the person in charge of the ADR scheme is currently employed by, or has been employed in the past 3 years by, for example, a party to the dispute; a representative body related to one of the parties; or any other enterprise or representative body related to the industry in which the parties to the dispute operate.
Amendment 72 #
2011/0373(COD)
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedures.
Amendment 74 #
2011/0373(COD)
Proposal for a directive
Recital 21
Recital 21
(21) ADR procedures should be fair so that the parties to a dispute are fully informed about their rights and the consequences of the choices they make in the context of an ADR procedure. Consumers should not be deprived of the protection afforded by the mandatory provisions of the law of the State in who territory the body is established. In case of cross-border disputes, consumers should not be deprived of the protection afforded by the mandatory provisions applying under the law of the Member State in which they are normally resident in the instances provided for under Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)1. _____________ 1 OJ L 177, 4.7.2008, p.6.
Amendment 76 #
2011/0373(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to comply with the recognised principle of liberty, the outcome of ADR procedures should not be binding for the parties unless they are informed before the commencement of the procedure about the binding nature of the outcome and explicitly state their consent to it. This provision should not apply where national rules provide that solutions are binding on the trader.
Amendment 88 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that all disputes covered by this Directive can be submittresolved toby an ADR entity which complies with the requirements set out in this Directive.
Amendment 100 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) any recurrent problems leading to disputes between consumers and traders, and any recommendations as to how such problems can be avoided or solved;
Amendment 101 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the ADR procedure is easilyavailable and accessible to both partiesonline and offline irrespective of where the party isies are situated;
Amendment 102 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) an ADR procedure can only be initiated by the consumer;
Amendment 104 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the ADR procedure is free of charge or at moderate costs for consumers;
Amendment 109 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) allow the parties have the possibility to express their point of view and hear, be provided with and comment upon the arguments and facts put forward by the other party and any experts' statemen, including any statements and opinions given by experts;
Amendment 110 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) the outcome of an ADR procedure cannot have any binding effect of the parties involved unless they are informed before the commencement of the procedure about the binding nature of that outcome and explicitly sate their consent to it. This provision shall not apply where national rules provide that solutions are binding on the trader.
Amendment 111 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where ADR procedures which aim at resolving the dispute by suggesting a solution are established, Member States may specify that suggested solutions of these ADR procedures are binding on a trader at the election of a consumer. In such cases Article 9(2)(b) and Article 9(2)(c) shall be read as only applying to the consumer.
Amendment 120 #
2011/0373(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Legality The decision taken by the body may not result in the consumer being deprived of the protection afforded by the mandatory provisions of the law of the state in whose territory the body is established. In the case of cross-border disputes, the decision taken by the body may not result in the consumer being deprived of the protection afforded by the mandatory provisions applying under the law of the Member State in which he or she is normally resident in the instances provided for under Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)1. _____________ 1 OJ L 177, 4.7.2008, p.6.
Amendment 107 #
2011/0308(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis materialtheir annual financial statements any payments made to governments in the countries in which they operate. Such undertakings are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include types of payments comparable tobuilding on those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market.
Amendment 110 #
2011/0308(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account' accountability to their citizens for payments such governmentsthey receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporate disclosures on a country and project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a concession, geographical basin, etc and wby country basis. For undertakings active in the extractive industry or loggers of natural forest disclosure should also be on a project basis, where a project is considered as equivalent to activities governed by a license, lease, concession or similar legal agreement. Where any payments have been attributed to such project liabilities are incurred on a different basis, reporting should be on that basis. In the light of the overall objective of promoting good governance in these countries, the materialityall types of payments to should be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country's GDP)where they are deemed to have a significant impact on a country's economy or society on a local, regional or national level and any threshold should capture such impacts. Rules should be put in place to ensure that andy threseholds cannot be defined through a delegated actcircumvented. The reporting regime should be subject to a review and a report by the Commission within fivetwo years of the entry into force of the Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers and userstake into account international developments, progress towards global standards in this area and report ofn the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account informationimpacts of this legislation on third countries, in particular in achieving the objectives of enhanced transparency of payments to governments.
Amendment 138 #
2011/0308(COD)
Proposal for a directive
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Member States may permit the purchase price or production cost of stocks of goods of the same category and all fungible items including investments to be calculated either on the basis of weighted average prices or on the basis of the ‘first in, first out’ (FIFO) method, or a similar method that reflects current best practice and shall exclude the 'last in, first out' (LIFO) method.
Amendment 158 #
2011/0308(COD)
Proposal for a directive
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. Members States shall ensure that companies submit their accounts for publication a maximum of nine months after the end of their financial year.
Amendment 167 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. ‘'Undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council' means the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements, includes subsidiary companies, branches, permanent establishments, joint ventures and associates.
Amendment 169 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1a. 'Undertaking active in the extractive industry' means the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements, includes subsidiarity companies, branches, permanent establishments, joint ventures and associates undertaking with any activity involving the exploration, discovery, development, extraction, processing, export, transportation of, or any significant activity related to minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council1. ________________ 1 OJ L 393, 30.12.2006, p.1.
Amendment 173 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. ‘Government’ means any national, regional or local authority of a Member State or of a third country that has granted the right of incorporation to, undertakes the regulation of, hosts a permanent establishment for taxation purposes of or receives any payment of the type noted in Article 38 from any constituent entity of an undertaking. It includes a department, agency or undertaking controlled by that authority as laid down in Article 23 (1) to (6) of this Directive.
Amendment 179 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. ‘Project’ is equivalent to a specific operational reporting unit at the lowest level within the undertaking at which regular internal management reports are prepared to monitor itsFor undertakings active in the extractive industry or loggers of primary forests ‘project’ is equivalent to activities governed by a license, lease, concession or similar legal agreement. Where any payment liabilities are incurred on a different buasiness, reporting shall be on that basis.
Amendment 192 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. The report shall specify the following when material to the recipient government:
Amendment 226 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f
Article 38 – paragraph 2 – point f
(f) licence fees, rental fees, pipeline transit fees, entry fees and other considerations for licences and/or concessions;
Amendment 228 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f a (new)
Article 38 – paragraph 2 – point f a (new)
(fa) payments to state security forces for security services;
Amendment 231 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f b (new)
Article 38 – paragraph 2 – point f b (new)
(fb) taxes on land and buildings;
Amendment 233 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f c (new)
Article 38 – paragraph 2 – point f c (new)
(fc) withholding taxes;
Amendment 234 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f d (new)
Article 38 – paragraph 2 – point f d (new)
(fd) import and export levies and taxes;
Amendment 235 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f e (new)
Article 38 – paragraph 2 – point f e (new)
(fe) consumption-based taxes;
Amendment 236 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f f (new)
Article 38 – paragraph 2 – point f f (new)
(ff) payments for violations of law such as environmental and remediation liabilities;
Amendment 239 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where payments in kind are made to a government, they shall be reported in value orand in volume. Where they are reported in terms of value, supporting notes shall be provided to explain how their value has been determined.
Amendment 245 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 42 in order to specify the concept of materiality of paymentsPayments shall be considered material if any one payment or set of payments of the same type amount to more than 15 000 EUR. The Commission shall be empowered to adopt delegated acts in accordance with Article 42 in order to evaluate the materiality of payments. A payment is deemed material if it has a significant impact on a country's economy or society on a local, regional or national level. The Commission shall ensure that rules shall be put in place to ensure that thresholds cannot be circumvented.
Amendment 249 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 260 #
2011/0308(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 264 #
2011/0308(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission shall review and report on the implementation and effectiveness of this Chapter, in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis. The review should also take into account international developments and consider the effects on competitiveness and security of energy supply, progress towards global standards in this area and report on the impact of this legislation on third countries, in particular in achieving the objectives of enhanced transparency of payments to governments. It should be completed at the latest fivetwo years after the date of entry into force of this Directive. The report shall be submitted to the European Parliament and the Council, together with a legislative proposal, if appropriate.
Amendment 267 #
2011/0308(COD)
Proposal for a directive
Article 42 – paragraph 5
Article 42 – paragraph 5
5. A delegated act adopted pursuant to Article 1(2), Article 3(10) and Article 38(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by twohree months at the initiative of the European Parliament or the Council.
Amendment 48 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive 2004/109/EC
Article 6 a (new)
Article 6 a (new)
(5a) The following Article is inserted: ´Article 6a Principles for reporting on payments to governments For the purposes of transparency and investor protection, Member States shall require the following principles to apply to reporting on payments to governments: (a) integrated reporting: the report on payments to governments shall form part of the annual financial report and shall be in an easily accessible and comparable format and in particular shall allow payments to be linked to projects; (b) materiality: any payment which is deemed to have a significant impact on a country's economy or society at a local, regional or national level shall be reported; any thresholds shall capture such impacts; rules shall be put in place to ensure that any threshold cannot be circumvented; (c) project-by-project reporting: reporting shall be done on a project-by-project basis, taking into account the local and regional impact for defining a project; the project definition shall include criteria such as licence, lease, concession or other similar legal agreement; (d) universality: all issuers shall be subject to the reporting requirements; no exemptions shall be made which have a distortive impact and allow issuers to exploit lax transparency requirements; (e) comprehensiveness: all relevant payments and revenues paid to governments shall be reported, including payments in kind, operating costs and payments to significant suppliers of services, including payments for the state provision of services; (f) comparability: the reporting on all payments to governments shall be such as to allow data for different countries to be compared easily.´.
Amendment 221 #
2011/0298(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to include in the list of financial instruments certainall commodity derivatives and others which are constituted and traded in such a manner as to give rise to regulatory issues comparable to traditional financial instruments.
Amendment 224 #
2011/0298(COD)
Proposal for a directive
Recital 11
Recital 11
(11) It is necessary to establish a comprehensive regulatory regime governing the execution of transactions in financial instruments irrespective of the trading methods used to conclude those transactions so as to ensure a high quality of execution of investor transactions and to uphold the integrity and overall efficiency of the financial system. A coherent and risk-sensitive framework for regulating the main types of order-execution arrangement currently active in the European financial marketplace should be provided for. It is necessary to recognise the emergence of a new generation of organised trading systems alongside regulated markets whichand MTF which have benefited from a regulatory loophole under the current MiFID regime and that they should be subjected to obligations designed to preserve the efficient and orderly functioning of financial markets.
Amendment 225 #
2011/0298(COD)
Proposal for a directive
Recital 12
Recital 12
(12) All trading venues, namely regulated markets, MTFs, and OTFSystematic Internalisers, should lay down transparent rules governing access to the facility. However, while regulated markets and MTFs should continue to be subject to highly similar requirements regarding whom they may admit as members or participants, OTFSystematic Internalisers should be able to determine and restrict access based inter alia on the role and obligations which their operators have in ry have in relation to their clients. (This amendment (i.e. the delaetion to their clients.of "OTF") applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 232 #
2011/0298(COD)
Proposal for a directive
Recital 13
Recital 13
(13) An investment firm executing client orders against own proprietary capital should be deemed a systematic internaliser, unless the transactions are carried out on an over-the-counter (OTC) basis. OTC trading refers to bilateral trading outside regulated markets, MTFs and OMTFs on an occasional, ad hoc and irregular basis with eligible counterparties and at sizes above standard market size. Systematic internalisers should be defined as investment firms which, on an organised, frequent and systematic basis, deal on own account bywhen executing client orders outside a regulated market, an MTF or an OMTF. In order to ensure the objective and effective application of this definition to investment firms, any bilateral trading carried out with clients should be relevant and quantitative criteria should complement the qualitative criteria for the identification of investment firms required to register as systematic internalisers, laid down in Article 21 of Commission Regulation No 1287/2006 implementing Directive 2004/39/EC. While an OTF is any system or facility in which multiple third party buying and selling interests interact in the system, aA systematic internaliser should not be allowed to bring together third party buying and selling interests.
Amendment 291 #
2011/0298(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In order to give all relevant information to investors, it is appropriate to require investment firms providing investment advice to clarify the basis of the advice they provide, notably the range of products they consider in providing personal recommendations to clients, whether they provide investment advice on an independent basis and whether they investment firm will provide the clients with the on-goinga periodic assessment of the suitability of the financial instruments recommended to them. It is also appropriate to require investment firms to explain their clients the reasons of the advice provided to them. In order to further define the regulatory framework for the provision of investment advice, while at the same time leaving choice to investment firms and clients, it is appropriate to establish the conditions for the provisions of this service when firms inform clients that the service is provided on an independent basis. In order to strengthen the protection of investors and increase clarity to clients as to the service they receive, it is appropriate to further restrict the possibility for firms to accept or receive inducements from third parties, and particularly from issuers, firms executing orders on behalf of clients or product providers, when providing the service of investment advice on an independent basis and the service of portfolio management. In such cases, only limited non-monetary benefits, such as training on the features of the products and for firms providing portfolio management, services related to execution of orders and research should be allowed subject to the condition that theyse services do not impair the ability of investment firms to pursueact in the best interest of their clients, as further clarified in Directive 2006/73/EC. To further protect consumers, it is also appropriate to ensure investment firms do not remunerate or assess the performance of their own staff in a way that conflicts with the firm's duty to act in the best interests of their clients, including by incentivising staff to favour a particular financial instrument in cases when another may better meet the client's needs.
Amendment 359 #
2011/0298(COD)
Proposal for a directive
Recital 108
Recital 108
(108) Technical standards in financial services should ensure consistent harmonisation and adequate protection of depositors, investors and consumers across the Union. As a body with highly specialised expertise, it would be efficient and appropriate to entrust ESMA, with the elaboration of draft regulatory and implementing technical standards which do not involve policy choices, for submission to the Commission. To ensure consistent investor and consumer protection across financial services sectors, ESMA should carry out its tasks, to the extent possible, in close cooperation with the other two ESAs within the framework of the Joint Committee.
Amendment 380 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) persons providing an investment service where that service is provided in an incidental manner in the course of a professional activity and that activity is regulated by legal or regulatory provisions or a code of ethics governing the profession which do not exclude the provision of that service;
Amendment 384 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d – point ii a (new)
Article 2 – paragraph 1 – point d – point ii a (new)
(iia) engage in algorithmic trading;
Amendment 391 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d – subparagraph 2
Article 2 – paragraph 1 – point d – subparagraph 2
Amendment 412 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – paragraph 1 – subparagraph 2 a (new)
Article 2 – paragraph 1 – point i – paragraph 1 – subparagraph 2 a (new)
unless they are a member or a participant on a trading venue;
Amendment 418 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
Persons and firms as referred in points i, j and k shall not be considered exempted unless the relevant competent authority will grant the exemption.
Amendment 461 #
2011/0298(COD)
Proposal for a directive
Article 4 – paragraph 2 – point 6
Article 4 – paragraph 2 – point 6
6) ‘Market maker’ means a person who holds himself out on the financial markets on a continuous basis as being willing to deal on own account by buying and selling financial instruments against his proprietary capital at prices defined by him;
Amendment 462 #
2011/0298(COD)
Proposal for a directive
Article 4 – paragraph 2 – point 12
Article 4 – paragraph 2 – point 12
12) ‘Small and medium-sized enterprise’ for the purposes of this Directive, means a company that had an average market capitalisation of less than EUR 100 000 000 on the basis of end-year quotes for the previous three calendar years;refers to the existing national concepts in different Member States.
Amendment 489 #
2011/0298(COD)
Proposal for a directive
Article 4 – paragraph 2 – point 33 a (new)
Article 4 – paragraph 2 – point 33 a (new)
33a) 'Market distorting positions' means positions which do not objectively reduce risks directly related to commercial activities related to the commodity and are above the level required to provide sufficient liquidity for positions which do objectively reduce risks directly related to commercial activities related to the commodity, or which otherwise disrupt the price discovery function of the market;
Amendment 498 #
2011/0298(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 94 concerning measures to specify some technical elements of or amend the definitions laid down in paragraph 1 of this Article, to adjust them to market developmentsif appropriate, to take into account: (a) technical developments in financial markets; (b) the list of abusive practices referred to in Article 34b(b) of Regulation (EU) No …/… of the European Parliament and of the Council of ... [MAR] in particular with regard to high-frequency trading and including, but not limited to, spoofing, quote stuffing and layering.
Amendment 504 #
2011/0298(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall require that individuals providing investment advice or, where appropriate, ancillary advice to clients, possess an appropriate level of knowledge and competence based on recognised qualifications. Member States shall also require that such individuals undergo professional training on an ongoing basis to update and validate their knowledge and competence.
Amendment 542 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 1 – point c a (new)
Article 9 – paragraph 6 – subparagraph 1 – point c a (new)
(ca) define, approve and oversee the firm's remuneration of sales staff which should be designed to encourage responsible business conduct, fair treatment of consumers and to avoid conflicts of interest. The remuneration structure should be disclosed to customers where appropriate, such as where potential conflicts of interest cannot be managed or avoided;
Amendment 545 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 8 – subparagraph 2 – point ii
Article 9 – paragraph 8 – subparagraph 2 – point ii
(ii) the natural persons concerned are of sufficiently good repute, possess sufficient knowledge, skills and experience and commit sufficient time to perform their dutiesan appropriate level of knowledge and competence based on recognised qualifications and are given sufficient time to perform their duties and update and validate their knowledge and competence.
Amendment 561 #
2011/0298(COD)
Proposal for a directive
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
Records of telephone conversation or electronic communications recorded in accordance with sub-paragraph 1 shall be provided to the clients involved upon request and shall be kept for a period of threequal to the investment period of the client plus one year with a maximum of five years.
Amendment 573 #
2011/0298(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Market makers A market maker as defined in Article 4(6) shall regularly provide buy and sell quotations that are reasonable and related to the market. It shall remain in as continuous operation as possible during the trading hours of the regulated market or MTF to which it sends orders or through the system of which it executes transactions.
Amendment 582 #
2011/0298(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. An investment firm that engages in algorithmic trading shall at least annually provide to its home Competent Authority a description of the nature of its algorithmic trading strategies, details of the trading parameters or limits to which the system is subject, the key compliance and risk controls that it has in place to ensure the conditions in paragraph 1 are satisfied and details of the testing of its systems. A competent authority may at any time request further information from an investment firmn investment firm shall, at the request of a competent authority, submit further information about its algorithmic trading and the systems used for that trading.
Amendment 614 #
2011/0298(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that investment firms or market operators operating an MTF or an OTF, in addition to meeting the requirements laid down in Article 16, establish transparent rules and procedures for fair and orderly trading and establish objective and non-discretionary 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 626 #
2011/0298(COD)
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Member States shall require investment firms and market operators operating an MTF or an OTF to provide the competent authority with a detailed description of the functioning of the MTF or OTF, including any adjacent infrastructure that is part of their service offer and/ or any links to investment firms, trading firms, regulated markets, MTFs or systematic internalisers and/or order routing arrangements. Member States shall require investment firms and market operators operating an MTF to provide the competent authority with a detailed description of the arrangements it has in place to comply with the requirements provided in Articles 3 to 10 of Regulation (EU) No .../... [MiFIR]. Every authorisation to an investment firm or market operator as an MTF and an OTF shall be notified to ESMA. ESMA shall establish a list of all MTFs and OTFs in the Union. The list shall contain information on the services an MTF or an OTF providesprovides, including all the financial instruments admitted to trading on these platforms, and entail the unique code identifying the MTF and the OTF for use in reports in accordance with Article 23 and Articles 5 and 9 of Regulation (EU) No …/….../... [MiFIR]. It shall be updated on a regular basis. ESMA shall publish and keep up-to-date that list on its website.
Amendment 628 #
2011/0298(COD)
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
Amendment 638 #
2011/0298(COD)
Proposal for a directive
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Member States shall require that the trading platform has at least four materially active members or users, each having the opportunity to interact with all the others in respect to price formation in the system.
Amendment 675 #
2011/0298(COD)
Proposal for a directive
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
(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. Areas covered should include, as a minimum, the use of sales targets for investment products, remuneration, rewards or payments in kind paid to its employees or agents involved in the advising on or selling of financial instruments to retail clients and the performance reviews of employees or agents which provide incentives for those employees or agents to act otherwise than in the best interests of each individual retail client.
Amendment 697 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 1
Article 24 – paragraph 3 – subparagraph 1 – indent 1
– the investment firm and its services; when investment advice is provided, information shall specify in advance whether the advice is provided on an independent basis and whether it is based on a broad or on a more restricted analysis of the market and shall indicate whether the investment firm will provide the client with the on-goinga periodic assessment of the suitability of the financial instruments recommended to clients,
Amendment 705 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 3
Article 24 – paragraph 3 – subparagraph 1 – indent 3
– execution venues; when client orders are routed to an execution venue, information shall specify the relationships the investment firm maintains with this execution venue, which may include, but are not limited to routing arrangements, potential for earning maker rebates, shareholdings and ownership,
Amendment 711 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 4
Article 24 – paragraph 3 – subparagraph 1 – indent 4
– costs and associated charges, which must include the cost of advice and payment method.
Amendment 715 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 2
Article 24 – paragraph 3 – subparagraph 2
The information referred to in the first subparagraph should be provided in a comprehensible form in such a manner that clients or potential clients are reasonably able to understand the nature and risks of the investment service and of the specific type of financial instrument that is being offered and, consequently, to take investment decisions on an informed basis. TMember States may require that this information may beis provided in a standardised format.
Amendment 737 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 5 – point i
Article 24 – paragraph 5 – point i
(i) shall assess a sufficiently large number of financial instruments available on the marketcarry out a comprehensive and fair analysis of the relevant market and provide advice which is unbiased and unrestricted. The financial instruments should be diversified with regard to their type and issuers or product providers and should not be limited to financial instruments issued or provided by entities having close links with the investment firm,
Amendment 749 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 5 – point ii
Article 24 – paragraph 5 – point ii
(ii) shall not accept or receive fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients but only be remunerated through charges payable by or on behalf of the client.
Amendment 771 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 6 a (new)
Article 24 – paragraph 6 a (new)
6a When providing investment advice or portfolio management a firm and anyone acting on behalf of the investment firm, shall, in relation to these services: (i) not accept or receive fees, commissions or any benefits paid or provided by any third party or a person acting on behalf of a third party but only be remunerated through charges payable by or on behalf of the client; (ii) clearly disclose to the client a tariff of its charges and, where the firm offers services in relation to one or more in- house financial instruments, ensure that the charges are presented separately from charges for any financial instrument; (iii) ensure that neither the remuneration, rewards or payments in kind paid to its employees or agents involved in the advising on or selling of financial instruments to retail clients, nor the performance reviews of such employees or agents, provide any incentive for those employees or agents to act otherwise than in the best interests of each individual retail client; (iv) inform the client whether the financial instruments recommended will be limited to financial instruments issued or provided by entities having close links with the investment firm.
Amendment 780 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 7 – subparagraph 2
Article 24 – paragraph 7 – subparagraph 2
ESMA, in cooperation with EBA and EIOPA, through the Joint Committee, shall develop by [] at the latest, and update periodically, guidelines for the assessment and the supervision of cross- selling practices indicating, in particular, situations in which cross-selling practices are not compliant with obligations in paragraph 1.
Amendment 851 #
2011/0298(COD)
Proposal for a directive
Article 27 – paragraph 5 – subparagraph 2
Article 27 – paragraph 5 – subparagraph 2
Member States shall require investment firms to summarize and make public on an annual monthly basis, for each class of financial instruments, the top five execution venues in terms of trading volumes sent where they executed client orders in the preceding yearmonths, with data on execution quality, and potential price improvements received for the execution of these client orders on these execution venues. This data shall be calculated by independent third parties.
Amendment 865 #
2011/0298(COD)
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 2
Article 29 – paragraph 3 – subparagraph 2
Member States shall ensure that tied agents are only admitted to the public register ifonce it has been established that they are of sufficiently good repute and that they possess an appropriate general, commercial and professional knowledgelevel of knowledge and competence based on recognised qualifications so as to be able to communicate accurately all relevant information regarding the proposed service to the client or potential client. Tied agents shall be required to undergo professional training on an ongoing basis to update and validate their knowledge and competence.
Amendment 903 #
2011/0298(COD)
Proposal for a directive
Article 35 – paragraph 7
Article 35 – paragraph 7
7. Member States shall require that where a financial instrument of an issuer is admitted to trading on one SME growth market, the financial instrument may alsoonly be traded on another SME growth market without the consent of the issuer. In such a case however, the issuer shall not be subject to any obligation relating to corporate governance or initial, ongoing or ad hoc disclosure with regard to the latter SME market.
Amendment 987 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Member States shall require a regulated market or MTF to have in place effective systems, procedures and arrangements to ensure its trading systems are resilient, have sufficient capacity to deal with peak order and message volumes, are able to ensure orderly trading under conditions of market stress, are fully tested to ensure such conditions are met and are subject to effective business continuity arrangements to ensure continuity of its services if there is any unforeseen failure of its trading systems. (This Amendment applies throughout Article 51. Adopting it will necessitate corresponding changes to it.)
Amendment 1022 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 4 a (new)
Article 51 – paragraph 4 a (new)
4a. Member States shall require regulated markets and MTFs to set in place a threshold that limits the share of orders entered by a market member compared to the overall order book.
Amendment 1026 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 5
Article 51 – paragraph 5
5. Member States shall require a regulated market or MTF to ensure that its rules on co- location services and fee structures are transparent, fair and non-discriminatory. The fee structure shall not create incentives to place orders or to execute transactions in a way which contributes to disorderly trading conditions or market abuse. In particular, in order to reflect the additional burden on system capacity, Member States shall require a regulated market or MTF to impose a higher fee on participants that place a ratio of cancelled orders to executed orders that exceeds 4:1.
Amendment 1097 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – introductory part
Article 59 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that regulated markets, operators of MTFcompetent authorities apply to regulated markets and OMTFs which admit to trading or trade commodity derivatives apply limits on the number of contracts which any given market members or participants, or class of market members or participants, can enter into over a specified period of time, or alternative arrangements with equivalent effect such as position management with automatic review thresholds , to be imposed in order to:
Amendment 1108 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – point c a (new)
Article 59 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) ensure price discovery for the physical market;
Amendment 1111 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1 – point c b (new)
Article 59 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) prevent the build-up of market distorting positions.
Amendment 1116 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2
Article 59 – paragraph 1 – subparagraph 2
The limits or arrangements shall be transparent and non- discriminatory, specifying the persons to whom they apply and any exemptions, and taking account of the nature and composition of market participants and of the use they make of the contracts admitted to trading. In particular, they shall differentiate between positions which objectively reduce risks directly related to commercial activities related to the commodity, and other positions. They shall specify clear quantitative thresholds such as the maximum number of contracts persons can enter, taking account of the characteristics of the underlying commodity market, including patterns of production, consumption and transportation to market. They shall apply to both cash-settled and physically-settled contracts and for spot, single and all delivery month(s).
Amendment 1129 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Regulated markets, MTF and OMTFs shall inform their competent authority of the details of the limits or arrangements. The competent authority shall communicate the same information to ESMA which shall publish and maintain on its website a database with summaries of the limits or arrangements in force.
Amendment 1134 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 94 to determine (a) the limits or alternative arrangements on the number of contracts which any person can enter into over a specified period of time and the necessary equivalent effects of the alternative arrangements established in accordance with paragraph 1, as well as the conditions for exemptions. The limits or alternative arrangements shall take account of the conditions referred to in paragraph 1 and the limits that have been set by regulated markets, MTFs and OTFs. The limits or alternative arrangemen, (b) the proportion of contracts held across regulated market and MTF on commodity derivatives which do not objectively reduce risks directly related to commercial activities related to the commodity, versus contracts which do, (c) additional controls needed to ensure orderly operation of markets, and (d) the conditions for exemptions and for determining when positions objectively reduce risks directly related to commercial activities relating to the commodity. The limits shall take account of the conditions referred to in paragraph 1, the need for appropriate differentiation between commodities and categories of market participants, and the limits that have been set by trading venues. The limits determined in the delegated acts shall also take precedence over any measures imposed by competent authorities pursuant to Article 72(1) paragraph (g) of this Directive.
Amendment 1141 #
2011/0298(COD)
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
Amendment 1160 #
2011/0298(COD)
Proposal for a directive
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. Member States shall ensure that investment firms trading in commodity derivatives or emission allowances or derivatives thereof outside of a trading venue provide the competent authority, upon request, with a complete breakdown of their positions, in accordance with Article 23 of Regulation (EU) No .../... [MiFIR].
Amendment 1171 #
2011/0298(COD)
Proposal for a directive
Article 60 – paragraph 3 – subparagraph 2
Article 60 – paragraph 3 – subparagraph 2
The reports mentioned in point (a) of paragraph 1 shouldall specify the number of long and short positions by category of trader, changes thereto since the previous report, percent of total open interest represented by each category, and the number of traders in each category. The reports mentioned in point (a) of paragraph 1 and in paragraph 1a shall also differentiate between: (i) positions that have been identified as positions which objectively reduce risks directly related to commercial activities related to the commodity; (ii) other positions.
Amendment 1176 #
2011/0298(COD)
Proposal for a directive
Article 60 – paragraph 4 – subparagraph 1
Article 60 – paragraph 4 – subparagraph 1
ESMA shall develop draft implementing technical standards to determine the format of the reports mentioned in point (a) ofaragraph 1 and in paragraph 1,a and the content of the information to be provided in accordance with paragraph 2.
Amendment 1276 #
2011/0298(COD)
Proposal for a directive
Article 91 a (new)
Article 91 a (new)
Article 91a ESMA advisory committee on high- frequency trading By 30 June 2014, ESMA shall set up an advisory committee of national experts to determine developments of high- frequency trading that could potentially constitute market manipulation with a view to: (a) increasing ESMA's knowledge about high-frequency trading; and (b) providing a list of abusive practices with regard to high-frequency trading, including spoofing, quote stuffing and layering, for the purpose of Article 5(1a) of Regulation (EU) No .../2012 of the European Parliament and of the Council of ... [MAR].
Amendment 22 #
2011/0297(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. This Directive shall also apply to interest rates, currencies or indexes and types of financial instruments, including derivative contracts or derivative instruments, which derive their value from the value of interest rates, currencies or indexes.
Amendment 34 #
2011/0297(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) when in possession of inside information, using that information to acquire or dispose of financial instruments to which that information relates for one's own account or for the account of a third party. This also includes using inside information to cancel or amend an order concerning a financial instrument to which that information relates where that order was placed before entering into possession of that inside information or to influence the value of interest rates, currencies or indexes; or
Amendment 41 #
2011/0297(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) giving false or misleading information on the value of interest rates, currencies or indexes or otherwise manipulating interest rates, currencies or indexes;
Amendment 98 #
2011/0296(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Definitions of regulated market and MTF should be introduced andclarified and remain closely aligned with each other to reflect the fact that they represent the same organised trading functionality. The definitions should exclude bilateral systems where an investment firm enters into every trade on own account, even as a riskless counterparty interposed between the buyer and seller. The term ‘'system’' encompasses all those markets that are composed of a set of rules and a trading platform as well as those that only function on the basis of a set of rules. Regulated markets and MTFs are not obliged to operate a ‘'technical’' system for matching orders. A market which is only composed of a set of rules that governs aspects related to membership, admission of instruments to trading, trading between members, reporting and, where applicable, transparency obligations is a regulated market or an MTF within the meaning of this Directive and the transactions concluded under those rules are considered to be concluded under the systems of a regulated market or an MTF. The term ‘'buying and selling interests’' is to be understood in a broad sense and includes orders, quotes and indications of interest. The requiremento address one of the main ambiguities created by the original Directive, the definitions of Regulated markets and MTFs should not include any reference to a requirement on these trading venues. The current requirements on these two venue types should be kept the same, but be presented separately from the definitions to ensure that the definition captures the trading functionality which then becomes subject to a clear set of rules. One of the important requirements concerns the obligation that the interests be brought together in the system by means of non- discretionary rules set by the system operator, which means that they are brought together under the system's rules or by means of the system's protocols or internal operating procedures (including procedures embodied in computer software). The term ‘'non-discretionary rules’' means that these rules leave the investment firm operating an MTF with no discretion as to how interests may interact. The definitions require that interests be brought together in such a way as to result in a contract, meaning that execution takes place under the system's rules or by means of the system's protocols or internal operating procedures.
Amendment 102 #
2011/0296(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to make European markets more transparent, safer, more efficient, and to level the playing field between various venues offering trading services, it is necessary to introduce a newclarify the existing categoryies of organised trading facility (OTF). This new category is broadly definedtrading venues so that all functionally identical trading is subject to identical rules. These clarifications should cover all the major sources of ambiguity so that now and in the future ithe existing trading venues should be able to capture all types of organised execution and arranging of trading which do not correspond to the functionalities or regulatory specifications of existing venues. Consequently appropriate, identical organisational requirements and transparency rules which support efficient price discovery need to be applied. The new category includesas well as identical rules aimed at ensuring objective, non- discretionary execution and non- discriminatory access to the platforms need to be applied. The clarifications of the RM, MTF and SI definitions should ensure that broker crossing systems, which can be described as internal electronic matching systems operated by an investment firm which execute client orders against other client orders. The new category, are regulated either as MTFs or SIs, depending on which trading functionality they have. The clarified definitions of RMs, MTFs and SIs should also encompasses systems eligible for trading clearing-eligible and sufficiently liquid derivatives. IBy contrast, it shall not include facilities where there is no genuine trade execution or arranging taking place in the system, such as bulletin boards used for advertising buying and selling interests, other entities aggregating or pooling potential buying or selling interests, or electronic post-trade confirmation services., should continue to be defined as OTC. (This amendment (i.e. the deletion of "OTF") applies throughout the text. Adopting it will necessitate corresponding changes throughout including the definition in article 2.)
Amendment 111 #
2011/0296(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This new category of organisede clarification of the existing types of trading venues is needed to ensure that all multilateral and bilateral trading facility will complement the existing types of trading venues. Whiletivities are subject to the same rules. In particular, the clarifications of the definitions of and the regimes imposed on regulated markets and multilateral trading facilities are characterised byshould clarify that both trading venues must have non- discretionary execution of transactions, the operator of an organised trading facility should have discretion over how a transaction is to be executed. The non- discretionary execution of transactions in a RM or MTF is fully separate from, and complementary to, the client-facing requirements imposed on intermediaries when executing client orders. Consequently, conduct of business rules, best execution and client order handling obligations should continue to apply to the transactions concluded on an O RM or MTF operated by an investment firm or a market operator. However, because an OTF constitutes a genuine trading pthe market- facing regulatform, the platform operator should be neutral. Therefore, the operator of an OTF should not be allowed to execute in the OTF any transaction between multiple third-party buying and selling interests including client orders brought together in the system against his own proprietary capital. This also excludes them from acting as systematic internay duties associated with operating a trading platform are different from the client-facing duties of an intermediary, both types of platforms must continue to be subject to the requirement to delisvers in the OTF operated by them non-discretionary execution.
Amendment 133 #
2011/0296(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) An investment firm executing client orders against own proprietary capital should be deemed a systematic internaliser, unless the transactions are carried out outside regulated markets, MTFs and OTFs on an occasional, ad hoc and irregular basin an over-the-counter (OTC) basis. OTC trading refers to bilateral trading outside systematic internalisers on an occasional, ad hoc and irregular basis with eligible counterparties and at sizes above standard market size. Any platform by definition cannot be considered as OTC since it cannot be ad hoc or irregular. Any trading that combines the characteristics of multilateral and bilateral trading should also not be considered as OTC, and instead be split into its separate multilateral and bilateral components. Systematic internalisers should be defined as investment firms which, on an organised, frequent and systematic basis, deal on own account by executing client orders outside a regulated market, an MTF or an OMTF. In order to ensure the objective and effective application of this definition to investment firms, any bilateral trading carried out with clients should be relevant and quantitative criteria should complement the qualitative criteria for the identification of investment firms required to register as systematic internalisers, laid down in Article 21 of Commission Regulation No 1287/2006 implementing Directive 2004/39/EC. While an OTF is any system or facility in which multiple third party buying and selling interests interact in the system, aA systematic internaliser should not be allowed to bring together third party buying and selling interests.
Amendment 146 #
2011/0296(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is not the intention of this Regulation to require the application of pre-trade transparency rules as well as other market-facing rules imposed on trading venues to transactions carried out on an OTC basis, the characteristics of which includare that they are bilateral, ad-hoc and irregular and are carried out with wholesaeligible counterparties and are part of a business relationship which is itself characterised by dealings above standard market size, and where the deals are carried out outside the systems usually used by the firm concerned for its business as a systematic internaliser.
Amendment 199 #
2011/0296(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. Title VII of this Regulation also applies to all financial counterparties as defined in Article 2 of Directive [new MiFID].
Amendment 204 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) 'Multilateral system' means a system that brings together or facilitates the bringing together of buying and selling interests in financial instruments, whereby the operator does not take on capital risk, irrespective of the actual number of orders that are executed in the resulting transactions;
Amendment 205 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2 b) 'Bilateral system' means a system that brings together or facilitates the buying and selling interests in financial instruments, whereby the operator of the investment firms takes on capital risk;
Amendment 206 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘systematic internaliser’ means an investment firm which, on an organised, frequent and systematic basis, deals on own account by executing client orders outside a regulated market or an MTF or an OTFcarries out bilateral trading;
Amendment 211 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘regulated market’ means a multilateral system operated and/or managed by a market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments – in the system and in accordance with its non-discretionary rules – in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules and/or systems, and which is authorised and functions regularly and in accordance with the provisions of Title III of Directive [new MiFID];
Amendment 217 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘multilateral trading facility (MTF)’ means a multilateral system, operated by an investment firm or a market operator, which brings together multiple third-party buying and selling interests in financial instruments – in the system and in accordance with non-discretionary rules – in a way that results in a contract in accordance with the provisions of Title II of Directive [new MiFID];
Amendment 221 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) 'Over-the-counter (OTC) trading' means any bilateral trading which is, cumulatively, carried out by a broker outside a platform on its own account on an occasional, ad hoc and irregular basis with eligible counterparties and always at sizes above standard market size;
Amendment 240 #
2011/0296(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘trading venue’ means any regulated market, MTF or OTFSystematic Internaliser.
Amendment 260 #
Amendment 268 #
2011/0296(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before granting a waiver in accordance with paragraph 1, competent authorities shall notify ESMA and other competent authorities of the intended use of each individual waiver request and provide an explanation regarding their functioning. Notification of the intention to grant a waiver shall be made not less than 6 months before the waiver is intended to take effect. Within 3 months following receipt of the notification, ESMA shall issue an positive opinion to the competent authority in question assessing the compatibility of each waiver with the requirements established in paragraph 1 and specified in the delegated act adopted pursuant to paragraphs 3(b) and (c). A competent authority shall only grant waivers upon that positive opinion of ESMA. Where that competent authority grants a waiver and a competent authority of another Member State disagrees with this, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010. ESMA shall monitor the application of the waivers and shall submit an annual report to the Commission on how they are applied in practice.
Amendment 272 #
2011/0296(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Competent authorities shall be able to withdraw the authorisation for regulated markets, market operators or investment firms to use one of the waivers specified in paragraph 3. Competent authorities shall withdraw the authorisation if they observe that the waiver is used in a way that is deviating from its original purpose or if they believe that the waiver is used to circumvent the rules established in this article. Before withdrawing the authorisation to use a waiver, competent authorities shall notify ESMA and other competent authorities of their intention providing a full explanation of the rationale behind such an intention. Notification of the intention to withdraw the authorisation to use a waiver shall be made as soon as possible. Within 1 month following receipt of the notification, ESMA shall issue a non-binding opinion to the competent authority in question. After receiving the opinion, the competent authority shall make its decision effective.
Amendment 308 #
2011/0296(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF based on the trading system operated shall make public prices and the depth of trading interests at those prices for orders or quotes advertised through their systems for bonds and structured finance products admitted to trading on a regulated market or traded on an MTF or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTF. This requirement shall also apply to actionable indications of interests. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make this information available to the public on a continuous basis during normal trading hours.
Amendment 317 #
2011/0296(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF based on the trading system operated shall make public prices and the depth of trading interests at those prices for orders or quotes advertised through their systems for bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTFwhich are subject to the trading obligations as referred to in Art. 24. This requirement shall also apply to actionable indications of interests. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make this information available to the public on a continuous basis during normal trading hours.
Amendment 323 #
Amendment 338 #
2011/0296(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Before granting a waiver in accordance with paragraphs 1 and 2, competent authorities shall notify ESMA and other competent authorities of the intended use of waivers and provide an explanation regarding their functioning. Notification of the intention to grant a waiver shall be made not less than 6 months before the waiver is intended to take effect. Within 3 months following receipt of the notification, ESMA shall issue an positive opinion to the competent authority in question assessing the compatibility of each individual waiver request with the requirements established in paragraphs 1 and 2 and specified in the delegated act adopted pursuant to paragraph 4(b). A competent authority shall only grant waivers upon that positive opinion of ESMA. Where that competent authority grants a waiver and a competent authority of another Member State disagrees with this, that competent authority may refer the matter back to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010. ESMA shall monitor the application of the waivers and shall submit an annual report to the Commission on how they are applied in practice.
Amendment 342 #
2011/0296(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Competent authorities shall be able to withdraw the authorisation for regulated markets, market operators or investment firms to use one of the waivers specified in paragraph 4. Competent authorities shall withdraw the authorisation if they observe that the waiver is used in a way that is deviating from its original purpose or if they believe that the waiver is used to circumvent the rules established in this article. Before withdrawing the authorisation to use a waiver, competent authorities shall notify ESMA and other competent authorities of their intention providing a full explanation of the rationale behind such an intention. Notification of the intention to withdraw the authorisation to use a waiver shall be made as soon as possible. Within 1 month following receipt of the notification, ESMA shall issue a non-binding opinion to the competent authority in question. After receiving the opinion, the competent authority shall make its decision effective.
Amendment 372 #
2011/0296(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public the price, volume and time of the transactions executed in respect of bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTFwhich are subject to the trading obligations as referred to in Article 24. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make details of all such transactions public as close to real-time as is technically possible.
Amendment 400 #
2011/0296(COD)
Proposal for a regulation
Title 3
Title 3
Transparency for investment firms trading OTC including systematic internaliserstrading venues with bilateral systems including OTC
Amendment 423 #
2011/0296(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Systematic internalisers shall provide firm quotes in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are admitted tosubject to the trading obligation as regulated market or are traded on an MTF or an OTFferred to in Art. 24 when the following conditions are fulfilled:
Amendment 487 #
2011/0296(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 492 #
2011/0296(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The reports shall, in particular, include details of the type, asset class, names and numbers of the instruments bought or sold, the quantity, the dates and times of execution, the transaction prices, a designation to identify the clients on whose behalf the investment firm has executed that transaction, a designation to identify the persons and the computer algorithms within the investment firm responsible for the investment decision and the execution of the transaction, and means of identifying the investment firms concerned. For transactions not carried out on a regulated market, MTF or OTF, the reports shall also include a designation identifying the types of transactions in accordance with the measures to be adopted pursuant to Article 19(3)(a) and Article 20(3)(a).
Amendment 705 #
2011/0296(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) an investment product, a financial instrument or activity or practice gives rise to significant investor protection concerns or poses a serious threat to the orderly functioning and integrity of financial markets or the stability of whole or part of the financial system, or a derivative product has a detrimental effect on the price formation mechanism in the underlying market;
Amendment 720 #
2011/0296(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Prohibition of certain financial instruments National competent authorities shall prohibit the marketing, distribution and sale of all financial instruments offering commodity index replications. This measure shall take effect six months after the entry into force of this Regulation.
Amendment 721 #
2011/0296(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. ESMA shall perform a facilitation and coordination role in relation to action taken by competent authorities under Article 32 and 32a. In particular ESMA shall ensure that action taken by a competent authority is justified and proportionate and that where appropriate a consistent approach is taken by competent authorities.
Amendment 724 #
2011/0296(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. After receiving notification under Article 32 and 32a of any action that is to be imposed under that Article, ESMA shall adopt an opinion on whether it considers the prohibition or restriction is justified and proportionate. If ESMA considers that the taking of a measure by other competent authorities is necessary to address the risk, it shall also state this in the opinion. The opinion shall be published on ESMA's website.
Amendment 733 #
2011/0296(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) after analysing the information obtained, require any such person to take steps to reduce the size of or to eliminate the position or exposure;
Amendment 742 #
2011/0296(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Article 35 – paragraph 2 – subparagraph 1 – introductory part
ESMA shall only take a decision under paragraph 1 if all of the following conditions are fulfilled:
Amendment 747 #
2011/0296(COD)
Proposal for a regulation
Article 35 – paragraph 3 – point a
Article 35 – paragraph 3 – point a
(a) does significantly address the threat to the orderly functioning and integrity of financial markets or of delivery arrangements for physical commodities, or the stability of the whole or part of the financial system in the Union or significantly improve the ability of competent authorities to monitor the threat, and in particular the extent to which the measure: (i) supports liquidity as necessary to facilitate transactions which objectively reduce risks directly related to commercial activities related to the commodity; (ii) prevents market abuse; (iii) supports orderly pricing and settlement conditions; (iv) ensures price discovery for the physical market; (v) prevents the build-up of market distorting positions;
Amendment 114 #
2011/0295(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Existing telephonerecordings of telephone conversations and data traffic records from investment firms executing transactions, and existing telephone and data traffic records from telecommunication operators constitute crucial, and sometimes the only, evidence to detect and prove the existence of insider dealing and market manipulation. Telephone and data traffic records may establish the identity of a person responsible for the dissemination of false or misleading information, that persons have been in contact at a certain time, and that a relationship exists between two or more people. In order to introduce a level playing field in the Union in relation to the access by competent authorities to telephone and existing data traffic records held by a telecommunication operator or the existing recordings of telephone conversations and data traffic held by an investment firm, competent authorities should be able to require existing telephone and existing data traffic records held by a telecommunication operator orand existing recordings of telephone conversations as well as data traffic held by an investment firm, where a reasonable suspicion exists that such records related to the subject- matter of the inspection may be relevant to prove insider dealing or market manipulation as defined in [new MAD] in violation of this Regulation or Directive [new MAD]. TAccess to telephone and data traffic records doheld by a telecommunications operator does not encompass the content of such recordsthe communication.
Amendment 188 #
2011/0295(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. The use or onward disclosure of the recommendations or inducements referred to in paragraph 3 amounts to insider dealing when the person using or disclosing the recommendation or inducement knows or ought to know, that it is based on inside information.
Amendment 229 #
2011/0295(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purposes of this Regulation, an attempt to engage in market manipulation shall comprise the following, regardless of whether it has the intended net effect:
Amendment 244 #
2011/0295(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c – introductory part
Article 8 – paragraph 3 – point c – introductory part
(c) the sending of orders to a trading venue by any means of algorithmic trading, including algorithmic and high frequency trading, without an intention to trade but for the purpose of intentionally distorting the markets, including:
Amendment 247 #
2011/0295(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c – indent 1
Article 8 – paragraph 3 – point c – indent 1
– disrupting or delaying the functioning of the trading system of the trading venue;, or which is likely to do so; and/or
Amendment 249 #
2011/0295(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c – indent 2
Article 8 – paragraph 3 – point c – indent 2
– making it more difficult for other persons to identify genuine orders on the trading system of the trading venue; or which is likely to do so;
Amendment 251 #
2011/0295(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c – indent 3
Article 8 – paragraph 3 – point c – indent 3
– creating or which is likely to create, a false or misleading impression about the supply of or demand for a financial instrument.
Amendment 254 #
2011/0295(COD)
Proposal for a regulation
Article 8 – paragraph 4a (new)
Article 8 – paragraph 4a (new)
4a. In order to ensure orderly markets, market participants shall disclose additional information to the trading venue and the competent authority, in order to facilitate their ability to detect abusive behaviour and conduct an investigation. This information should be comprised of the following: a) who stands behind an order; b) the means of execution (manual or electronic), and; c) which strategy was used for the execution;
Amendment 332 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) requesthave access to any document in any form, and to receive or take a copy thereof;
Amendment 338 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) require existing telephone and existing data traffic records held by a telecommunication operator or by an investment firm, where a reasonable suspicion exists that such records related to the subject-matter of the inspection may be relevant to prove insider dealing or market manipulation as defined in[new MAD] in violation of this Regulation or Directive [new MAD]; these records shall however not concern the content of the communication to which they relate.]recordings of telephone conversations, electronic communications and data traffic records held by an investment firm;
Amendment 343 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f a (new)
Article 17 – paragraph 2 – point f a (new)
(f a) require existing telephone and existing data traffic records held by a telecommunication operator, where such records may be relevant to prove insider dealing or market manipulation in violation of this Regulation or directive [new MAD]. The records referred to in this point shall not include the content of voice communications by telephone.
Amendment 346 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f b (new)
Article 17 – paragraph 2 – point f b (new)
(f b) request the freezing and/ or sequestration of assets;
Amendment 348 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f c (new)
Article 17 – paragraph 2 – point f c (new)
(f c) suspend trading of the financial instrument concerned;
Amendment 349 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f d (new)
Article 17 – paragraph 2 – point f d (new)
(f d) require temporary cessation of any practice that is contrary to the provisions of this regulation;
Amendment 63 #
2011/0261(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The objective of the FTT is to support development aid goals, social policies and the fight against climate change and poverty.
Amendment 64 #
2011/0261(CNS)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) In order for an FTT to be effective and efficient it should be designed to be simple to collect and minimalise tax avoidance.
Amendment 65 #
2011/0261(CNS)
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17c) The common system of VAT demonstrates that coordination of tax policy is feasible.
Amendment 66 #
2011/0261(CNS)
Proposal for a directive
Recital 17 d (new)
Recital 17 d (new)
(17d) Only Member States have competences to raise tax.
Amendment 28 #
2011/0204(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should provide sufficient safeguards against abuse of the order. In particular, unless the creditor already has a judgment enforceable in the Member State of enforcement, the court should be able to require the creditor to provide security to ensure compensation for any damage suffered by the debtor as a result of an unjustified order. The detailed conditions under which the creditor will be liable to compensate the debtor for such damage should be governed by national law. Where the law of a Member State does not provide for a statutory liability of the claimant, this Regulation should not preclude the recourse to measures with equivalent effect, such as the obligation on the claimant to give an undertaking as to damages but Member States should ensure that provisions are in place to compensate victims of an abuse of the order.
Amendment 29 #
2011/0204(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In the event that a claimant has already obtained a judgment or other enforceable title on the substance, and in order to ensure a swift enforcement of the account preservation order, the Regulation should provide that the transmission of the order from the issuing court to the bank is effected by means of direct service as set out in Regulation (EC) No 1393/2007 on the service of judicial and extrajudicial documents in the Member States. This Regulation should also provide appropriate rules for the implementation of the order by the bank and oblige the bank to declare whether the order has successfully caught any funds of the debtor.
Amendment 30 #
2011/0204(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In the event that a claimant has not yet obtained a judgment or other enforceable title on the substance, the account preservation order may be made the subject of minimal proportionate proceedings by the courts in the Member States where the accounts are held. Such court proceedings must be limited to that which is necessary in order to ensure adequate protection of the debtor. The debtor must not be informed of such proceedings prior to the order being implemented.
Amendment 31 #
2011/0204(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The debtor's right to a fair trial should be safeguarded in the proceedings for the account preservation order. This notably requires that the order and all documents submitted by the claimant be served on the defendant promptly after its implementation and that the defendant can apply for a review of the order. Jurisdiction for the review of the order itself should lie with the court having issued the order except if aspects of enforcement are contested. However, if the defendant is a consumer, employee or insured, he should be able to apply for a review of the order before the courts in thea Member State of his domicilwhere he holds accounts as regards enforcement of the order in that Member State. The debtor should also have the right to release the funds in the account isf he provides alternative security.
Amendment 32 #
2011/0204(COD)
Proposal for a regulation
Article 12
Article 12
Before issuing an EAPO, the court mayshall require the provision of a security deposit or an equivalent assurance by the claimant to ensure compensation for any damage suffered by the defendant to the extent t. The claimant ishall be liable to compensate such damage under national lawshould the court which issued the EAPO decide, upon review, that the claimant wrongfully applied for an EAPO.
Amendment 33 #
2011/0204(COD)
Proposal for a regulation
Article 23
Article 23
An EAPO issued in one Member State pursuant toin cases referred to in Article 65(2) and Article 14(1) shall be recognised and enforceable in other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.
Amendment 35 #
2011/0204(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Amendment 36 #
2011/0204(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The application for a review of the EAPO as it applies across the Union shall be addressed to the court which issued the order. The application shall be submitted using the form set out in Annex IV and by any means of communication, including electronic.
Amendment 37 #
2011/0204(COD)
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
Amendment 38 #
2011/0204(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 206 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 4 – subparagraph 2
Article 75 – paragraph 4 – subparagraph 2
The risk committee, or, when such a committee has not been established, the management body in its supervisory function, shall determine the nature, the amount, the format, and the frequency of the information on risk it shall receive from senior management. The risk committee to assist sound compensation policies and practices, shall demonstrate that incentives provided by the compensation system take into consideration risk, capital, liquidity and the likelihood and timing of earnings.
Amendment 335 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 2 – point c a (new)
Article 88 – paragraph 2 – point c a (new)
(ca) the management body, in its supervisory function, of the institution sets and periodically reviews a limit, expressed in terms of a ratio, to the extent to which the total remuneration of persons referred to in this paragraph may exceed the average total remuneration paid to members of the staff of the institution.
Amendment 351 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point c a (new)
Article 90 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) guaranteed bonuses are not consistent with sound risk management or the pay-for-performance principle and shall not be a part of prospective compensation plans;
Amendment 353 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point d
Article 90 – paragraph 1 – subparagraph 1 – point d
(d) guaranteed variable remuneration is exceptional and, occurs only when hiring new staff and is limited to the first year of employment, provided that the institution has a sound and strong capital base;
Amendment 371 #
2011/0203(COD)
Proposal for a directive
Article 91 – paragraph 2
Article 91 – paragraph 2
2. Competent authorities shall ensure that the remuneration committee is responsible for the preparation of decisions regarding remuneration, including those which have implications for the risk and risk management of the credit institution concerned and which are to be taken by the management body in its supervisory function. The Chair and the members of the remuneration committee shall be members of the management body who do not perform any executive functions in the credit institution concerned. The remuneration committee shall include employee representatives and shall ensure its rules enable shareholders to act in concert. When preparing such decisions, the remuneration committee shall take into account the long- term interests of shareholders, investors and other stakeholders in the institution.
Amendment 391 #
2011/0203(COD)
Proposal for a directive
Article 102 – paragraph 1 – subparagraph 1 – point b a (new)
Article 102 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) the decisions including their reasons, which they have taken in accordance with Article 94(3) and Articles 97, 98 and 99; and
Amendment 392 #
2011/0203(COD)
Proposal for a directive
Article 102 – paragraph 1 – subparagraph 1 – point b b (new)
Article 102 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) any other information relevant to best practice in the area of supervisory reviews, evaluations and measures.
Amendment 393 #
2011/0203(COD)
Proposal for a directive
Article 102 – paragraph 1 – subparagraph 2
Article 102 – paragraph 1 – subparagraph 2
Amendment 395 #
2011/0203(COD)
Proposal for a directive
Article 102 – paragraph 2 – subparagraph 1
Article 102 – paragraph 2 – subparagraph 1
EBA shall annually report to the European Parliament and the Council on the developments in best supervisory practice and the degree of convergence of the application of the provisions of this Chapter between Member States.
Amendment 396 #
2011/0203(COD)
Proposal for a directive
Article 102 – paragraph 2 – subparagraph 2
Article 102 – paragraph 2 – subparagraph 2
In order to spread best practice and increase the degree of such convergence, EBA shall conduct peer reviews in accordance with Article 30 of Regulation (EU) No 1093/2010.
Amendment 401 #
2011/0203(COD)
Proposal for a directive
Article 102 – paragraph 3 – point a
Article 102 – paragraph 3 – point a
(a) the common minimum standards regarding the procedure and methodology for review and evaluation systems referred to in paragraph 1 and in Article 92;
Amendment 404 #
2011/0203(COD)
Proposal for a directive
Article 102 – paragraph 3 – point b
Article 102 – paragraph 3 – point b
(b) the criteriaminimum criteria that must be considered concerning the organisation and treatment of the risks referred to in Articles 75 to 85 and the minimum criteria on review and evaluation by the competent authorities as referred to in Article 92.
Amendment 431 #
2011/0203(COD)
Proposal for a directive
Chapter 4 – Section I – title
Chapter 4 – Section I – title
Capital Conservation and, Countercyclical Capital and Systemic Buffers
Amendment 433 #
2011/0203(COD)
Proposal for a directive
Article 122 – paragraph 1 – point 2
Article 122 – paragraph 1 – point 2
(2) ‘Combined Buffer Requirement’ means the total Common Equity Tier 1 capital required to meet the requirement for the Capital Conservation Buffer extended by an institution specific Countercyclical Capital Buffer or a Systemic Buffer, if more than 0% of risk weighted assets;
Amendment 442 #
2011/0203(COD)
Proposal for a directive
Article 122 – paragraph 1 – point 5 a (new)
Article 122 – paragraph 1 – point 5 a (new)
(5a) 'Global systemic institution' means an institution which in case of failure or malfunction could lead to systemic risk on a global level;
Amendment 444 #
2011/0203(COD)
Proposal for a directive
Article 122 – paragraph 1 – point 5 b (new)
Article 122 – paragraph 1 – point 5 b (new)
(5b) 'Domestic systemic institution' means an institution which in case of failure or malfunction could lead to systemic risk within a Member State;
Amendment 445 #
2011/0203(COD)
Proposal for a directive
Article 122 – paragraph 1 – point 5 c (new)
Article 122 – paragraph 1 – point 5 c (new)
(5c) 'Systemic risk' means a risk of disruption in the financial system with the potential to have serious negative consequences for the financial system and the real economy;
Amendment 446 #
2011/0203(COD)
Proposal for a directive
Article 122 – paragraph 1 – point 5 d (new)
Article 122 – paragraph 1 – point 5 d (new)
(5d) 'Systemic Buffer' means the own funds that a specific systemic institution is required to maintain in accordance with Article 124a;
Amendment 459 #
2011/0203(COD)
Proposal for a directive
Article 124 a (new)
Article 124 a (new)
Amendment 518 #
2011/0203(COD)
Proposal for a directive
Section II a (new)
Section II a (new)
Amendment 519 #
2011/0203(COD)
Proposal for a directive
Article 130 b (new) (under Section IIa)
Article 130 b (new) (under Section IIa)
Amendment 520 #
2011/0203(COD)
Proposal for a directive
Article 130 c (new) (under Section IIa)
Article 130 c (new) (under Section IIa)
Article 130c Review of the provisions for systemic institutions By 1 January 2014 the Commission shall, after consulting the ESRB, review Article 124a and Articles 130a to 130c taking into account any internationally agreed standards for the identification of global and domestic systemic institutions and the setting of systemic buffer and, if appropriate, submit a legislative proposal to the European Parliament and the Council.
Amendment 379 #
2011/0202(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) the institution is: (i) of a type that is defined under applicable national law and which competent authorities consider to qualify as a mutual, cooperative society or a similar institution for the purposes of this Part; or (ii) the institution is wholly owned by an institution as described in point (i), it has approval from the competent authorities to make use of the provisions in this Article and provided that, and for as long as, 100% of the ordinary shares in issue in the institution are held directly or indirectly by an institution described in point (i);
Amendment 462 #
2011/0202(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. For the purposes of calculating own funds on a stand-alone basis, institutions subject to supervision on a consolidated basis in accordance with Chapter 2 of Title II of Part One shallmay decide not to deduct holdings referred to in points (h) and (i) of Article 33(1) in relevant entities included in the scope of consolidated supervision. , provided that the relevant competent authority has approved this decision on the grounds that there is no current or foreseen impediment to the prompt transfer of own funds from the relevant entities to the institution; where holdings are in the jurisdiction of another competent authority, the relevant competent authority may require agreements to be in place with the other competent authority regarding the transfer of own funds;
Amendment 815 #
2011/0202(COD)
Proposal for a regulation
Article 326 – paragraph 5 a (new)
Article 326 – paragraph 5 a (new)
5a. The originator institution of a securitisation, where the securitised exposures were held in the trading book, may exclude those securitised exposures from the own funds requirement under this article only if the conditions for significant risk transfer in Articles 238 and 239 have been complied with.
Amendment 817 #
2011/0202(COD)
Proposal for a regulation
Article 344 – paragraph 1
Article 344 – paragraph 1
Subject to Articles 345 to 347, institutions shall calculate the own funds requirement for commodities risk with one of the methods set out in Articles 348, 349 or 350. A difference should be made between commodity market risk related to hedging activities for or by physical traders (including producers, end-users) and financial commodity derivatives trading whereby the counterparty of the institution is not engaged in physical commodity trading activity as its core business.
Amendment 822 #
2011/0202(COD)
Proposal for a regulation
Article 346 – paragraph 2
Article 346 – paragraph 2
2. Positions in gold or gold derivatives and agricultural commodity derivatives shall be considered as being subject to foreign- exchange risk and treated according to Chapter 3 or 5, as appropriate, for the purpose of calculating commodities risk.
Amendment 823 #
2011/0202(COD)
Proposal for a regulation
Article 346 – paragraph 3
Article 346 – paragraph 3
Amendment 824 #
2011/0202(COD)
Proposal for a regulation
Article 346 – paragraph 5 – introductory part
Article 346 – paragraph 5 – introductory part
Amendment 825 #
2011/0202(COD)
Proposal for a regulation
Article 347 – paragraph 3 – subparagraph 1
Article 347 – paragraph 3 – subparagraph 1
Options and warrants on commodities or on commodity derivatives shall be treated as if they were positions equal in value to the amount of the underlying to which the option refers, multiplied by its delta for the purposes of this Chapter. The latter positions may be netted off against any offsetting positions in the identical underlying commodity or commodity derivative. The delta used shall, where relevant, be that of the exchange concerned, subject to permission by the competent authorities, or where that is not available, or for OTC options, thatbe subject to a sufficient risk premium and be calculated by the institution itself using an appropriate model in coherence with EMIR and MIFID. Permission shall be granted if the model appropriately estimates the rate of change of the option's or warrant's value with respect to small changes in the market price of the underlying.
Amendment 826 #
2011/0202(COD)
Proposal for a regulation
Article 347 – paragraph 3 – subparagraph 2
Article 347 – paragraph 3 – subparagraph 2
Institutions shall adequately reflect other risks associated with options, apart from the delta risk, in the own funds requirements, including financial and non-financial risks regarding the impact of commodity derivatives prices, such as food prices and prices for farmers.
Amendment 827 #
2011/0202(COD)
Proposal for a regulation
Article 347 – paragraph 4 – subparagraph 1
Article 347 – paragraph 4 – subparagraph 1
EBA shall develop draft regulatory technical standards defining a range of methods to reflect in the own funds requirements other risks, apart fromif appropriate including delta risk, in a manner proportionate to the scale and complexity of institutions' activities in options.
Amendment 901 #
2011/0202(COD)
Proposal for a regulation
Article 395 – paragraph 2 a (new)
Article 395 – paragraph 2 a (new)
2a. The provisions of this Article shall also apply to covered bonds, as appropriate. The institutions originating covered bonds shall ensure that investors and prospective investors have all necessary information to comply with this Article.
Amendment 1318 #
2011/0202(COD)
Proposal for a regulation
Article 435 – paragraph 1 – point c
Article 435 – paragraph 1 – point c
(c) the most important design characteristics of the remuneration system, including information on the criteria used for performance measurement and risk adjustment, deferral policy and vesting criteria; , including the limit on total remuneration set pursuant to Article 88(2)c)bis of Capital Requirements Directive 2011/0203 (COD)
Amendment 1319 #
2011/0202(COD)
Proposal for a regulation
Article 435 – paragraph 1 – point c a (new)
Article 435 – paragraph 1 – point c a (new)
(c a) disclosure of the ratio between fixed and variable remuneration.
Amendment 1320 #
2011/0202(COD)
Proposal for a regulation
Article 435 – paragraph 1 – point d
Article 435 – paragraph 1 – point d
(d) information on the performance criteria on which the entitlement to shares, options or variable components of remuneration is based, including targets and specific and detailed performance criterion;
Amendment 1321 #
2011/0202(COD)
Proposal for a regulation
Article 435 – paragraph 1 – point e
Article 435 – paragraph 1 – point e
(e) the main parameters and rationale for any variable component scheme and any other non-cash benefits, including the parameters used for allocating cash versus other forms of compensation;
Amendment 1322 #
2011/0202(COD)
Proposal for a regulation
Article 435 – paragraph 1 – point g – point iv a (new)
Article 435 – paragraph 1 – point g – point iv a (new)
(iv a) the ratio between the total remuneration awarded to the highest paid of the persons within the categories referred to in this subparagraph and the average total remuneration paid to the staff of the institution;
Amendment 1344 #
2011/0202(COD)
Proposal for a regulation
Article 443 – paragraph 1 – introductory part
Article 443 – paragraph 1 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 445, to impose stricter prudential requirements, for a limited period of time, for all exposures or for exposures to one or more sectors, regions or Member States, where this is necessary to address changes in the intensity of micro-prudential and macro-prudential risks which arise from market developments emerging after the entry into force of this Regulation, in particular upon the recommendation or opinion of the ESRB, or at the request of a Member State. From one week after a Member State has made a request under this Article it may apply the stricter prudential requirements it has requested to domestically authorised firms until a delegated act is adopted confirming or rejecting the requested measures. In an emergency situation the Member State may apply such measures immediately upon issuing its request or with a delay of less than one week. The measures which may be adopted under this Article are those concerning
Amendment 1361 #
2011/0202(COD)
Proposal for a regulation
Article 443 – paragraph 1 a (new)
Article 443 – paragraph 1 a (new)
In regard to exposures to small or medium enterprises or natural persons meeting the criteria set out in Article 118, the provisions in paragraph 1 of this article may, exceptionally, be applied to impose less strict prudential standards as well as stricter prudential standards, where this is consistent with overall macro-prudential objectives.
Amendment 1482 #
2011/0202(COD)
Proposal for a regulation
Article 475 – paragraph 2
Article 475 – paragraph 2
2. By way of derogation from Article 436(1), institutions may choose whether toshall disclose the information on the leverage ratio based on either just one or both of the definitions of the capital measure specified in points (a) and (b) of paragraph 1. Where institutions change their decision on which leverage ratio to disclose, the first disclosure that occurs after such change shall contain a reconciliation of the information on all leverage ratios disclosed up to the moment of the change.
Amendment 20 #
2011/0154(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Definition For the purpose of this Directive, "child" means a person below the age of 18 years. Where a suspect or accused person appears to be below the age of 18 years and there is no clear evidence of their age, they shall be treated as a child for the purposes of this Directive.
Amendment 25 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) before the start of any questioning by the police orthe police interview or an interview by any other law enforcement authorities;
Amendment 26 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
In cases involving minor offences, it may be appropriate to grant the suspect or accused person access to a lawyer via telephone.
Amendment 28 #
2011/0154(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The lawyer shall have the right to be present at any questioningpolice interview and hearing. He shall have the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law.
Amendment 34 #
2011/0154(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Where appropriate, the rights of a child under paragraph 2, shall be extended to other vulnerable suspects or accused persons needing similar assistance, such as persons with physical or mental disabilities. If a police officer is told in good faith or suspects that the suspect or accused person has a physical or mental disability that would prevent him from being treated as an adult, the police officer shall treat that person in accordance with paragraph 2 in the absence of any clear evidence to the contrary.
Amendment 38 #
2011/0129(COD)
Proposal for a directive
Article 3 – introductory part
Article 3 – introductory part
Member States shall ensure that victims are provided with the following information, without unnecessary delay, from their first contact with theany public authority competent to receivefollowing a complaint concerningabout a criminal offence:
Amendment 41 #
2011/0129(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The information provided for in paragraph 1 shall be provided both orally and in writing, in simple and accessible language, taking into account any particular need of vulnerable persons.
Amendment 45 #
2011/0129(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that victims and their family members, in accordance with their needs, have access to free of charge, confidential victim support services before, during, and for an appropriate amount of time after conclusion of any criminal proceedings.
Amendment 47 #
2011/0129(COD)
Proposal for a directive
Article 8
Article 8
Member States shall ensure that victims receive written acknowledgement in their own language of any complaint made by them to an appropriate authority of the Member State.
Amendment 49 #
2011/0129(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take measures to encourage offenders to provide adequate compensation to victims and shall assist victims in the timely enforcement of compensation orders.
Amendment 51 #
2011/0129(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Member States shall ensure that simple, common procedures are in place to enable victims of crime resident in another Member State to apply for compensation easily, and that cross- border compensation orders are executed without undue delay.
Amendment 52 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. For the purposes of this Directive, the following categories of victims are considered to be vulnerable due to their personal characteristics or situation:
Amendment 53 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) Children and the elderly;
Amendment 55 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b a (new)
Article 18 – paragraph 1 – point b a (new)
(ba) Persons who are at risk of being targeted or intimidated;
Amendment 56 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a a (new)
Article 18 – paragraph 2 – point a a (new)
(aa) Victims of domestic violence;
Amendment 60 #
2011/0129(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall promote the provision of pre-trial familiarisation visits to courts for victims.
Amendment 65 #
2011/0129(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall ensure that insurance contracts clearly set out in bold type any exemptions from protection in cases where crimes may be committed and that all insurance documents list the relevant national helplines for consumers to contact if they become a victim of crime.
Amendment 66 #
2011/0129(COD)
Proposal for a directive
Article 25 – paragraph 2 b (new)
Article 25 – paragraph 2 b (new)
2b. Member States shall ensure that their embassies and consulates have well- established liaison mechanisms in place with the victims' service providers and agencies in the Member States in which they are located in order to ensure the quick referral of victims.
Amendment 67 #
2011/0129(COD)
Proposal for a directive
Article 25 – paragraph 2 c (new)
Article 25 – paragraph 2 c (new)
2c. Member States shall ensure that their national law on the repatriation of mortal remains follows a common procedure and time frame which take into account both the wishes of the family and their religious and cultural traditions.
Amendment 278 #
2011/0062(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
Nothing in this Directive shall prevent Member States maintaining or adopting more stringent laws, regulations and administrative provisions than those required under its provisions.
Amendment 351 #
2011/0062(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Where a creditor or credit intermediary provides services in a Member State other than their home Member State, supervision of the ongoing activities of the creditor or credit intermediary shall be performed by the host Member State competent authority. The home Member State competent authority shall be required to provide the host authority with all relevant information requested by the host authority. Host authorities shall have the power to intervene, including by denying the right to provide services in the host Member State, if the creditor or credit intermediary fails to comply with the professional requirements, and other regulatory duties and responsibilities defined in this Directive or otherwise required of creditors or credit intermediaries operating in that Member State. The host authority shall notify the home authority, the other competent authorities of the EU Member States and the European Banking Authority of any action taken against a creditor or credit intermediary in such circumstances, and the reasons for such action.
Amendment 612 #
2011/0062(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that consumers provide creditors and, where applicable, credit intermediaries with complete and correctrequest from consumers all necessary information on their financial situation and personal circumstances in the contexturse of the credit application process. That information should be supported, when necessary, by documentary evidence from independently verifiable sources.
Amendment 615 #
2011/0062(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
As regards the information to be provided by the consumer in order for the creditor to be able to conduct a thorough assessment of the consumer's creditworthiness and make a decision on whether or not to grant the creditrequested from the consumer under Paragraph 1, Member States shall ensure that creditors, at the pre-contractual phase, clearly specify the information, including independently verifiable evidence where necessary, that the consumer needs to provide. Member States shall also ensure that creditors state the exact timing by which consumers are required to provide such information.
Amendment 618 #
2011/0062(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Member States shall ensure that creditors and, where applicable, credit intermediaries undertake appropriate due diligence to verify that the consumer has provided complete and correct information as requested under Paragraph 1. Member States shall ensure that, subsequent to an offer of credit being made, the consumer may not be sanctioned by the credit provider for failing to provide complete information where the credit provider or, where applicable, credit intermediary failed to request such information from the consumer or failed to undertake appropriate due diligence to ensure such complete information had been provided.
Amendment 635 #
2011/0062(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Directive, ‘advice’ constitutes a separate service from the granting of a credit. Such a service can only be marketed as advice when the remuneration of the individual providing the service is transparent to the consumer. Such a service can only be marketed as independent advice, and the adviser can only describe themselves as an independent adviser, if they consider the whole market for credit agreements.
Amendment 639 #
2011/0062(COD)
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Member States shall ensure that the creditor or credit intermediary informs the consumer, in the context of a given transaction, whether or not advice is being or will be provided. This may be done through additional pre-contractual information. Member States shall ensure that the creditor or credit intermediary makes clear any limitations on such advice, including in particular when they are not considering the whole market, and highlights the option of seeking independent advice which does consider the whole market. Where advice is provided to consumers, in addition to the requirements set out in Articles 5 and 6, Member States shall ensure that creditors and credit intermediaries:
Amendment 735 #
2011/0062(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Member States shall provide for penalties in particular cases where consumers: a) knowingly provide incomplete or incorrect informationact dishonestly in response to information requested by the creditor or, where applicable, credit intermediary in line with Article 15 of this Directive, and b) have done so in order to obtain a positive creditworthiness assessment where the complete and correctan honest response to the requested information would have resulted in a negative creditworthiness assessment, and c) are subsequently unable to fulfil the conditions of the agreement, and. Member States shall take all measures necessary to ensure that they are implemented.
Amendment 302 #
2011/0006(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) A full list of an undertaking’s assets is essential for supervisors to properly assess financial risks. This is particularly important under Directive 2009/138/EC, as undertakings have the freedom to make investment choices under the prudent person principle. Member States should therefore be able to require insurance and reinsurance undertakings to submit to the supervisory authorities a full list of assets on an item by item basis when such information is necessary for the competent authorities to effectively undertake their supervisory role.
Amendment 319 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 4 – point -a (new)
Article 2 – point 4 – point -a (new)
Directive 2009/138/EC
Article 35 – paragraph 2 – point a – point i
Article 35 – paragraph 2 – point a – point i
(-a) In paragraph 2(a), point (i) is replaced by the following: ‘(i) at predefined periods, whereby, for periods of less than 12 months, regular supervisory reporting is limited to information that changes significantly in the course of the year or is necessary for the competent authorities to undertake their supervisory role effectively.’
Amendment 324 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 4 – point -ab (new)
Article 2 – point 4 – point -ab (new)
Directive 2009/138/EC
Article 35 – paragraph 2 – subparagraph 1 a (new)
Article 35 – paragraph 2 – subparagraph 1 a (new)
(-ab) In paragraph 2, the following subparagraph is added: ‘Member States shall require insurance and reinsurance undertakings to submit to the supervisory authorities, as part of their regular reporting or on an ad hoc basis, only a full list of assets on an item by item basis, when such information is necessary for the competent authorities to undertake their supervisory role effectively.’
Amendment 1 #
2010/2303(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Directive 2010/76/EU amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies,
Amendment 6 #
2010/2303(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the diversity of corporate governance structures throughout the European Union and the diversity of approaches that Member States take in regulating these structures; recognises that a ‘one size fits all’ approach would be inappropriate and damaging to the competitiveness of financial institutions, nonetheless stresses that strong minimum standards are required to ensure good governance across the financial sector in Europe;
Amendment 10 #
2010/2303(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that the area of corporate governance is constantly evolving and isthat therefore ill-suited to a prescriptive approach and that a flexible ‘comply or explain’ approach in the form of codes of best practice is more appropriate; believes that ‘comply or explain’ is proportionatea flexible approach which guarantees high standards is appropriate; believes that ‘comply or explain’ can be a useful tool in improving corporate governance in appropriate circumstances and can be applied across a wide range of financial institutions operating in various sectors and markets, but that it must be complemented by regular external evaluation and appropriate regulatory oversight; notes in particular the crucial role of legally enforceable rights for shareholders;
Amendment 17 #
2010/2303(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to submit every proposal it considers to improve corporate governance to a cost-benefit impact assessment which focuses on the need to keep financial institutions strong, stable and competitive so that they can help deliver economic growth;
Amendment 35 #
2010/2303(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Draws attention, with reference to remuneration and remuneration policies in financial institutions, to the legislative action which has already been taken, in particular the EU Capital Requirement Directive (CRD III), which came into force on 1 January 2011, and recomcalls on all Member States to implemendst that the next step should be to assess its effectivenis legislation with oversight from the Commission and the European Supervisory Authoritiess;;
Amendment 36 #
2010/2303(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that during discussions on CRD III the Commission and Council agreed that further proposals raised by the European Parliament should be addressed as part of the corporate governance package and highlights in particular the Parliament's concern that shareholders currently cannot and do not exercise due control over remuneration policies in financial institutions;
Amendment 37 #
2010/2303(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Insists that full transparency is necessary for shareholders to be able to conduct proper oversight of remuneration policies, including the publication of the number of staff receiving more than 500,000 Euros, in bands of at least 500,000 Euros; calls for a requirement for shareholder approval of remuneration policies and overall payments by a financial institution each year;
Amendment 81 #
2010/2303(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that remuneration policies should encourage long-term thinking and the sustainable performance of the institution and should avoid a short-term focus, as this may contribute to excessive risk-takingmust be based on the long-term performance of the individual and their firm, to ensure remuneration policies do not contribute to excessive risk-taking. Remuneration policies or payments should never undermine the stability of a firm;
Amendment 86 #
2010/2303(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that properly disclosed share options with vestingretention periods of at least three years for directors are a useful tool to bring the interests of directors into line with those of the shareholders;
Amendment 90 #
2010/2303(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the issue of remuneration in financial institutions has been dealt with in CRD IIICRD III and AIFMD address essential aspects concerning payment structures for remuneration and aspects of corporate governance including the importance of a remuneration committee and transparent annual reporting on remuneration policies; calls on all Member States to implement this legislation with oversight from the Commission and the European Supervisory Authorities;
Amendment 95 #
2010/2303(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes however that during discussions on CRD III the Commission and Council agreed that further proposals raised by the European Parliament should be addressed as part of the corporate governance package;
Amendment 99 #
2010/2303(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Highlights in particular concern that shareholders currently cannot and do not exercise due control over remuneration policies in financial institutions;
Amendment 103 #
2010/2303(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Insists that full transparency is necessary for shareholders to be able to conduct proper oversight of remuneration policies, and calls in particular for the publication of the number of staff in each institution receiving total remuneration greater than 500,000 Euros, in bands of at least 500,000 Euros;
Amendment 105 #
2010/2303(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Calls for a requirement for shareholder approval of remuneration policies and overall payments by a financial institution each year, insists in particular that the in the case of credit institutions where the costs attributable to staff remuneration represent more than 25 % of total revenue, shareholders have a vote on the allocation of surplus revenues;
Amendment 114 #
2010/2302(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Considers it important to enable users to better scrutinise CRAs and in this respect highlights the central role of increased transparency in their activities;
Amendment 176 #
2010/2302(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Takes the view that good governance in CRAs is crucial to ensure the quality of ratings and calls for full transparency from CRAs on the governance arrangements in place;
Amendment 89 #
2010/2137(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission to urgently and thoroughly investigate levels of concentration in OTC derivatives markets, and in particular in the credit default swap market, to ensure there is no risk of market manipulation or conflict of interest;
Amendment 55 #
2010/2105(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the Commission's recognition that the financial sector is under-taxed, in particular due to the absence of VAT on most financial services and calls for innovative financing measures to raise more from this sector and contribute to shifting the burden of taxation away from working people;
Amendment 61 #
2010/2105(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that bank levies, a Financial Activities Tax on bonuses and profits and an FTT each serve different economic objectives and have different revenue- raising potential and therefore should be seen as complementary measures;
Amendment 82 #
2010/2105(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Should no international agreement be reached within the next few months, urges the EU to move ahead with legislative proposals on the introduction of an EU FTT; stresses that a low rate between 0.01 and 0.05%n appropriate rate and design of tax would prevent major shifts in activity towards other, lower-taxed jurisdictions;
Amendment 84 #
2010/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that some EU Member States have already introduced similar types of transaction taxes with no apparent negative impacttaxes on specific financial transactions, and that these taxes successfully contribute to tax revenues without evidence of negative impacts on the real economy; furthermore, highlights the fact that EU coordination of such measures would reduce the potential for arbitrage;
Amendment 111 #
2010/2105(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission also to address in its feasibility study the geographical asymmetry of transactions and revenues and the possibility of a graded or differentiated rate on the basis of the asset category, the nature of the actor involved or the short-term and speculative nature of the transaction and asks the Commission to draw on all available research;
Amendment 116 #
2010/2105(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that an EU FTT should have the broadest base possiblfeasible base so as to guarantee a level playing field in the financial markets and not drive transactions to less transparent vehicles; considers, therefore, that the Commission's feasibility study should look at designs of a tax that could be applied to all spot and derivatives transactions traded on markets as well as Over-The-Counter (OTC) derivatives should be covered;
Amendment 132 #
2010/2105(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. NotWelcomes the IMF proposal for a Financial Activities Tax (FAT), as endorsed in the recent Commission communication; stresses that an FAT is a solely revenue- oriented tax tool and thereforelevied against the excessive profits and bonuses in the financial sector, while noting it has no direct or indirect potential to restore market balance or to curb speculation in financial transactions; emphasises, moreover, that even if they are given the broadest possible scope FATs offer lower revenue potential than FTTs; believes, therefore, that an FAT can only be abe an important complement to an FTT but is not an alternative;
Amendment 135 #
2010/2105(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is aware of different options for the management of the additional revenues generated by the taxation of the financial sector at both national and European level; is convinced that in order to safeguard the European added value of the aforementioned innovative financing tools a substantial part of those revenues should be allocated to the EU budget to finance EU projects and policies while reducing the proportion of EU spending that must be funded from national budgets;
Amendment 7 #
2010/2075(INI)
Motion for a resolution
Recital B
Recital B
B. whereas MiFID was intended to strengthen transparency, consumer protection and competition on a level playing field, wereith the key objectives when MiFID came into force of ensuring liquid, efficient and fair markets, and whereas, following the financial crisis, measures to limiting systemic risk must be prioritisedshould also be strengthened in order to meet that objective,
Amendment 22 #
2010/2075(INI)
Motion for a resolution
Recital C
Recital C
C. whereas market fragmentation in equities trading has had an inevitable impact upon liquidity and market efficiency, and whereas the effect of an increased number of venues, both in the on-exchange and off-exchange space, and increasingly technology-driven trading has significantly decreased average order executransaction size from EUR 22 266 in 2006 to EUR 9 923 in 2009,
Amendment 26 #
2010/2075(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the decrease in ordertransaction size has led to a reduction in the capacity of market participants to instantly execute large orders on a particular market and the desire to prevent market impact for large orders has encouraged the expansion of dark-pool trading, and whereas less than 10% of all trading in EEA equities shares on organised markets use the MiFID pre- trade transparency waivers (CESR/10- 394), whereas this MiFID waiver allows for dark-pool trading on an organised market as a more transparent and better regulated alternative to dark trading in the OTC space,
Amendment 30 #
2010/2075(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas MiFID defines OTC trading as having the characteristics of being ad- hoc and irregular and carried out with wholesale counterparties and being part of a business relationship which is itself characterised by dealings above standard market size, and where the deals are carried out outside the systems usually used by the firm concerned for its business as a systematic internaliser,
Amendment 31 #
2010/2075(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas despite the provision in MiFID of waivers to allow dark trading on organised markets, the establishment of MTFs and Systematic Internalisers (SIs) and the definition of OTC trades as being irregular and ad hoc, OTC trades not carried out on an SI basis continue to account for a high proportion of equities trading at 38% of all reported trades according to CESR/10-394, and this proportion has not declined since the implementation of MiFID, whereas tighter and more effective enforcement of MiFID rules and waivers should therefore be ensured,
Amendment 35 #
2010/2075(INI)
Motion for a resolution
Recital E
Recital E
E. whereas broker crossing networks (BCNs) provide differentshould be fully investigated to ensure that where they provide the same services toas regulated markets (RMs) and multilateral trading facilities (MTFs) in so far as they are closed systems and a technological extension of the traditional, discretionary broker-client relationshipthey are regulated as such,
Amendment 50 #
2010/2075(INI)
Motion for a resolution
Recital H
Recital H
H. whereas greater transparency via pre- and post-trade reporting of trading activity across all asset classes is fundamental to ensuring an efficient price formation process, and therefore the fair and efficient operation of the market, whereas such transparency furthermore provides improved early warning of the build-up and scale of developing problems,
Amendment 54 #
2010/2075(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the G20 decisions of 24 and 25 September 2009 in Pittsburgh, stated that "all standardized OTC derivative contracts should be traded on exchanges or electronic trading platforms",
Amendment 68 #
2010/2075(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks for an investigation into the functioning of the systematic internaliser (OTC trading of equities and the functioning of the MTF and the SI) regimes and the bringing forward ofcalls for improvements to the way in which this categoryOTC trading is regulated to increase its use as a subset of OTCensure that the use of MTFs in the execution of orders on a multilateral basis and of SIs in the execution of orders on a bilateral basis increases, and that the proportion of equities trading carried out OTC declines substantially;
Amendment 83 #
2010/2075(INI)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Calls for the introductionorough enforcement of newthe provisions in MIFID for BCNs including requirementsto ensure that BCNs that are carrying out activities equivalent to an RM, MTF or SI are regulated as such, and in order to facilitate this enforcement insists that all BCNs should be required to submit to the competent authorities:
Amendment 88 #
2010/2075(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 96 #
2010/2075(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 104 #
2010/2075(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Suggests that a minimum order size for dark-pool transactions, whether on an organised trading venue or BCN, may be warranted and asks for an investigation into the merits of this for maintainingEmphasises that only trades that truly face market impact can make use of the pre-trade transparency waiver and therefore be executed as dark-pool transactions, and this should be rigorously enforced to ensure an adequate flow of trade through the lit venues in the interests of price discovery;
Amendment 109 #
2010/2075(INI)
Motion for a resolution
Paragraph 10 – point a
Paragraph 10 – point a
Amendment 117 #
2010/2075(INI)
Motion for a resolution
Paragraph 10 – point c
Paragraph 10 – point c
Amendment 186 #
2010/2075(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Supports the Commission's intention to include OTC derivative instruments within the scope of MiFID as the trading of such products transitions increasingly to formalganised trading venues and are subject to increasing standardisation and central clearing requirements;
Amendment 190 #
2010/2075(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls for a proposal from the Commission to ensure that all OTC derivatives contracts that can be standardised are traded on exchanges or electronic trading platforms, to ensure the price of such contracts are formed in a transparent, fair and efficient manner, free from conflict of interest,
Amendment 36 #
2010/2074(INI)
Motion for a resolution
Recital I
Recital I
I. whereas convergence between reporting for accounting purposes and reporting for regulatory purposes is essential in order to ensure that supervisors and investors are provided with the same transparent and clear information, and whereas dual reporting must be avoided,
Amendment 123 #
2010/2074(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Basel Committee and the Commission to ensure that, in consolidated capital calculations, both risk and capital are taken into account in a balanced manner (i.e. minority interest);
Amendment 152 #
2010/2074(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is of the view that a "liquidity coverage ratio" should take greater account of the risk of concentration of eligible assets in any liquidity buffer, encourage diversification and discourage excessive concentration into one particular asset clabe made up of assets that have been proven to remain liquid in periods of high stress;
Amendment 170 #
2010/2074(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 191 #
2010/2074(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 233 #
2010/2074(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges the Commission to ensure that a leverage ratio does not lead to excessive usecuritisation of off balance sheet items and less credit (these being likely ways for banks to reduce their leverage ratio);
Amendment 3 #
2010/2016(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Interinstitutional Common Approach to Impact Assessments concluded between Parliament, the Council and the Commission in November 2005,
Amendment 4 #
2010/2016(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the resolution of 26 June 2010 on better lawmaking – 15th annual report from the Commission pursuant to Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality (2009/2142(INI)),
Amendment 5 #
2010/2016(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to The Charter of Fundamental Rights of the European Union as adopted by the institutions on 7 December 2000,
Amendment 10 #
2010/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, when adopting new laws and simplifying and recasting existing laws, impact assessments can serve to improve the evaluation of their social, economic, environmental and health effects, as well as the effects on citizens' fundamental rights, and thus help reduce bureaucracy,
Amendment 11 #
2010/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas Parliament, the Council and the Commission in the Interinstitutional Agreement of 16 December 2003, the Interinstitutional Common Approach to Impact Assessments of November 2005, and Parliament and the Commission in the Framework Agreement of 20 October 2010, undertook to set an agenda for better lawmaking, and whereas this resolution contains concrete proposals for improving impact assessments,
Amendment 15 #
2010/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that impact assessments are an important aid to better lawmaking which the makers of European law should exploit more often in future to help them evaluate more effectively the consequences of their policy optioneconomic, social, environmental and health-related consequences of their policy options, as well as their impact on citizens' fundamental rights;
Amendment 18 #
2010/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that impact assessments need to be carried out in the early stages of policy development; emphasises that they should be completely independently and should always be based on an objective, reasoned analysis of potential effects;
Amendment 19 #
2010/2016(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the methodology used to undertake an impact assessment should be regularly reviewed, including undertaking consistency checks to ensure that all impact assessments are carried out to the same high standards and that equal consideration is given to a wide range of stakeholder groups, such as consumers, employee representatives and businesses;
Amendment 20 #
2010/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers it advisable and necessary to involve external experts, including non-corporate experts, in the impact assessment process in order to guarantee independence and objectivity; notes in this connection the fundamental distinction between public consultation and independent impact assessment;
Amendment 23 #
2010/2016(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the maximum of transparency when drawing up impact assessments, including the early publication of comprehensive Road Maps of proposed legislation to ensure equal access to the legislative procedure for SMEs, voluntary groups, NGOs and trade unions;
Amendment 24 #
2010/2016(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for the Commission's current consultation period with stakeholders to be increased from 8 weeks to 12 weeks;
Amendment 25 #
2010/2016(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that it is essential that impact assessments are scrutinised by Member States ex-ante, to assess the effects of proposed legislation on national laws and public policies; calls for greater ex-post evaluation to be carried out and for further consideration of the inclusion of mandatory correlation tables to ensure that EU legislation has been correctly implemented by Member States and has met its objectives;
Amendment 28 #
2010/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for impact assessments to take a large number of criteria into account in order to provide the legislator with as comprehensive a picture as possible; draws attention in this context to the economic, social and environmental aspects referred to in the interinstitutional agreement of 16 December 2003 and the common approach of November 2005, which are to be combined in a single evaluation and to further include aspects relating to fundamental rights;
Amendment 33 #
2010/2016(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges that, in connection with the impact assessment, a cost-benefit analysis – i.e. an examination of the cost-efficiency of all programmes and measures involving expenditure – should always be carried out, and potential implications for small and medium-sized enterprises (SMEs) examined; calls in this connection for the consistent application of the ‘SME test’ proposed in the 2008 Small Business Act; recalls in this context that for each law imposing a burden on SMEs, an existing such law should be repealed (the ‘one in, one out’ rule);
Amendment 42 #
2010/2016(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the members of the IAB are independent only in formal terms, since they are currently appointed by and subject to the instructions of the Commission President, and cannot therefore be said to be fully independent; calls, therefore, for the memberswork of the IAB to be appointed by the European Parliament and the Council on the basis of a Commission proposal, and no longer subject to the instructions of the Commission Presidentcompletely transparent so that their independence can be verified in practice;
Amendment 44 #
2010/2016(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls also for the involvement in the IAB's work ofof experts from all stakeholder areas in the IAB's work; calls for these experts to come from outside the Commission who areand not be subject to instructions; calls in this connection for the participation in the IAB's work of the High Level Group of Independent Stakeholders on Administrative Burdenstresses that the IAB and experts should not focus only on the administrative burdens for businesses but also on economic, social, environmental and health related impacts of legislation, as well as impacts on fundamental rights;
Amendment 45 #
2010/2016(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses that the IAB and experts should work in the public remit with the highest levels of transparency;
Amendment 47 #
2010/2016(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the early and comprehensive involvement – including by means of notification and interim reports – of the European Parliament, and in particular of its relevant committees, in the whole impact assessment process and in the work of the IAB; invites the Commission to provide the Parliament and the Council with two-to-four-page summaries with the full impact assessment, when submitting the legislative proposal;
Amendment 51 #
2010/2016(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that presenting the results of an impact assessment at the same time as a legislative proposal is unhelpful, as it gives the impression that the principal aim of the impact assessment is to justify the Commission proposal; therefore advocates the early publication of interim reportdocuments at every stage of the legislative process, including the publication of the Commission's final impact assessment, as approved by the IAB, before inter-service consultations begins;
Amendment 63 #
2010/2016(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Urges that this should take place under the aegis of a separate, independent body such as a foundation, which would be answerable to the European ParliamentCalls for a wide-ranging investigation into the possible options for an independent Impact Assessment body within the Parliament, such as a foundation;
Amendment 65 #
2010/2016(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
Amendment 71 #
2010/2016(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls for the appropriate budget- neutral funding to be made available for the creation of a body at this level; also calls for the necessary administrative infrastructure to be created to this endan agreement that any suitable option should be budget neutral;
Amendment 72 #
2010/2016(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Stresses that long-term deliberations should take place on the prospects of a common approach to impact assessments by the European institutions; recalls that the interinstitutional agreement of 136 December 2003 and the interinstitutional common approach to Impact Assessments of November 2005 already called for a common methodological approach to impact assessments in the European institutions;
Amendment 73 #
2010/2016(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notes that the Council has hitherto made very little use of impact assessment as an instrument; calls therefore on the Council too to make more intensive use of impact assessments in order to improve the quality of its contribution to European legislation; , in line with the interinstitutional Common Approach to Impact Assessments of November 2005, in order to improve the quality of its contribution to European legislation, not least when the Council is making use of its right to initiate legislation;
Amendment 25 #
2010/2008(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 169 #
2010/2008(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Asks the Commission to ensure in particular that the valuation of all derivatives that are not traded on exchange is conducted in an independent and transparent way, avoiding conflicts of interest;
Amendment 208 #
2010/2008(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to urgently and thoroughly investigate levels of concentration in OTC derivatives markets, and in particular in the credit default swap, to ensure there is no risk of market manipulation or conflict of interest;
Amendment 1 #
2010/2006(INI)
Draft opinion
Recital A
Recital A
A. whereas there is a singlen internal market for banking services in the EU, rather than an amalgam of services independent of one another, and whereas this internal market is critical for the Union’s global competitiveness,
Amendment 9 #
2010/2006(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is of the view that any public aid or resolution fund must be designed in such a way as to avoid moral hazard and prevent excessive risk-taking; considers, in particular, that no resolution funds should be used to bail out shareholders of banks, who must face the full consequences of any losses, and that no resolution funds should be used for the payment of bonuses;
Amendment 19 #
2010/2006(INI)
Motion for a resolution
Recital J
Recital J
J. whereas moral hazard must be avoided to prevent excessive risk taking, and a framework that protects the system, not the “delinquent”, is called for, in particular no resolution funds should be used to bail out shareholders of banks, who must face full consequences of any losses, and no resolution funds should be used for the payment of bonuses,
Amendment 225 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 3 – paragraph 2 – indent 5 a (new)
Annex – recommendation 3 – paragraph 2 – indent 5 a (new)
• designed in a way that does not create moral hazard and does not bail out bank shareholders;
Amendment 226 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 3 – paragraph 2 – indent 5 b (new)
Annex – recommendation 3 – paragraph 2 – indent 5 b (new)
• designed in a way that ensures no resources from the fund are used for the payment of bonuses;
Amendment 131 #
2010/0250(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Over-the-counter (OTC) derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties. They create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved. The financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly, pose risks to financial stability. This Regulation lays down conditions for mitigating those risks and improving the transparency of derivative contracts. While exchange traded derivatives are more transparent than OTC contracts it is important to ensure loopholes are not left in the regulatory framework. To ensure a coherent and consistent approach the appropriate provisions for exchange traded derivatives should be addressed in the context of the review of the Markets in Financial Instruments Directive (MiFID).
Amendment 61 #
2010/0220(NLE)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the operation of the production units concerned must form part of a closure plan the deadline of which does not extend beyond 1 October 20143;
Amendment 37 #
2010/0215(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Article 3 of the ECHR obliges Member States to ensure that a person’s health and well-being are adequately secured, including by providing a person deprived of his or her liberty with medical assistance. Information on this right should therefore be provided on arrest.
Amendment 40 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 1
Article 3 – paragraph 2 – indent 1
– the right of access to a lawyer, where necessary free of charge,
Amendment 41 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 1 a (new)
Article 3 – paragraph 2 – indent 1 a (new)
- the conditions for obtaining access to a lawyer free of charge,
Amendment 42 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 2
Article 3 – paragraph 2 – indent 2
– the right to be informed of the charge and, where appropriate, to be given access to evidentiary materials of the case-file,
Amendment 44 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 4 a (new)
Article 3 – paragraph 2 – indent 4 a (new)
- the right to remain silent, and any implications there may be in exercising this right under national law.
Amendment 46 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person is arrested or detained by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his possession throughout the time he is deprived of his liberty.
Amendment 47 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Letter of Rights shall be drafted in simple language and shall include at least that information referred to in Article 3(2) and in paragraph 2a of this Article. Annex I to this Directive contains an indicative model of such a Letter.
Amendment 49 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In addition of to the information to be given under Article 3, the person arrested or detained shall be informed about the following: (a) for how many hours or days he or she may be deprived of liberty before being brought before a judicial authority; (b) how to challenge the arrest and how to obtain a review of his or her detention; (c) the maximum period of pre-trial detention applicable to his or her case; (d) the right to contact family, friends, and consular officials; (e) the right to medical care; (f) where applicable, the right to apply for supervision measures as an alternative to provisional detention.
Amendment 50 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that, where the suspected or accused person does not speak or understand the language of the proceedings, he receives the Letter of Rights in a language he understands. Member States shall ensure that a mechanism is in place to convey the information to a suspected or accused person who is partially sighted or cannot read. Where the suspected or accused person is a childvulnerable due to age, incapacity or any other reason, the information contained in the Letter of Rights shall also be provided orally in a manner adapted to the childperson's age, level of maturity and intellectual and emotional capacities.
Amendment 51 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. WhereIn the exceptional case that a Letter of Rights is not available in the appropriate language, the suspected or accused person shall be informed of his rights orally in a language he understands. A Letter of Rights in a language he understands shall then be given to him without undue delay.
Amendment 53 #
2010/0215(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information required pursuant to paragraph 1 shall be delivered promptly and in detail and in a language that the suspected or accused person understands. In the case of a childa person is vulnerable due to age, incapacity or any other reason, information about the charges shall be provided in a manner adapted to his or her age, level of maturity and intellectual and emotional capacities.
Amendment 54 #
2010/0215(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
The right to access toevidentiary materials of the case-file
Amendment 56 #
2010/0215(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a suspected or accused person is arrested or detained at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained in the case-file which are relevant for the determination of the lawfulness of the arrest or detention.
Amendment 57 #
2010/0215(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that an accused person or his lawyer is granted access to the case-filevidentiary materials of the case once the investigation of the criminal offence is concluded. Access to certain documents contained in the case-file may be refused by a competent judicial authority where access to these documents may lead to serious risk to the life of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interests of justice, the accused person or his lawyer may request an index of the documents contained inevidentiary materials of the case-file.
Amendment 59 #
2010/0215(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Access to the case-filevidentiary materials of the case shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge.
Amendment 61 #
2010/0215(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 62 #
2010/0215(COD)
Proposal for a directive
Article 8 – paragraph -1 (new)
Article 8 – paragraph -1 (new)
-1. Member States shall ensure that a suspected or accused person has the right to challenge, in accordance with procedures in national law, the possible failure or refusal of the competent authorities to provide the information required in accordance with the provisions of this Directive.
Amendment 63 #
2010/0215(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that a procedure is in place to ascertain whether a suspected or accused person has received all information relevant to him in accordance with Articles 3 to 7this directive.
Amendment 64 #
2010/0215(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall ensure that the competent authorities maintain a custody record concerning anyone arrested or detained. At a minimum this record shall include: - the reasons for arrest and detention - the information provided to the arrested or detained person concerning their rights including, where the notification of rights is made orally in accordance with Article 4(4), a record of the giving of a letter of rights that allows for verification of the content of the notification.
Amendment 65 #
2010/0215(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 66 #
2010/0215(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 68 #
2010/0215(COD)
Proposal for a directive
Annex I – table – point C a (new)
Annex I – table – point C a (new)
Ca. not to say anything when questioned
Amendment 69 #
2010/0215(COD)
Proposal for a directive
Annex I – table – point D a (new)
Annex I – table – point D a (new)
Da. to contact your family, friends, and consular officials
Amendment 70 #
Amendment 71 #
2010/0215(COD)
Proposal for a directive
Annex I – Title C – indent 4 a (new)
Annex I – Title C – indent 4 a (new)
- Without the assistance of an interpreter you shall not be asked to sign a document in a language you do not understand. Refusing to sign a document in a language you do not understand will not be held against you.
Amendment 72 #
2010/0215(COD)
Proposal for a directive
Annex I – Title C a (new)
Annex I – Title C a (new)
Ca. The right not to say anything - you have the right not to say anything when questioned by police.
Amendment 73 #
2010/0215(COD)
Proposal for a directive
Annex I – Title C b (new)
Annex I – Title C b (new)
Cb. Contacting friends, family, and consular authorities – You have the right to contact your friends and family, – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority can visit you and arrange for a lawyer to assist you.
Amendment 75 #
2010/0215(COD)
Proposal for a directive
Annex II – table – point C a (new)
Annex II – table – point C a (new)
Ca. to contact friends, family, and consular officials
Amendment 76 #
2010/0215(COD)
Proposal for a directive
Annex II – table – point D
Annex II – table – point D
D. to be informed of your righdecide whether or not to agree to be surrendered under the European Arrest Warrant
Amendment 77 #
2010/0215(COD)
Proposal for a directive
Annex II – table – point E a (new)
Annex II – table – point E a (new)
Ea. to ongoing information and regular review of your detention
Amendment 78 #
Amendment 79 #
2010/0215(COD)
Proposal for a directive
Annex II – Title A
Annex II – Title A
– You have a right to know why you are sought by anoof what offence you are suspected or have been convicted in ther country which has requested your surrender.
Amendment 80 #
2010/0215(COD)
Proposal for a directive
Annex II – Title A – indent 1 a (new)
Annex II – Title A – indent 1 a (new)
– You have a right to know the contents of the arrest warrant sent from the other country (European Arrest Warrant).
Amendment 81 #
2010/0215(COD)
Proposal for a directive
Annex II – Title C – indent 4 a (new)
Annex II – Title C – indent 4 a (new)
– Without the assistance of an interpreter you shall not be asked to sign a document in a language you do not understand. Refusing to sign a document in a language you do not understand will not be held against you.
Amendment 82 #
2010/0215(COD)
Proposal for a directive
Annex II – Title C a (new)
Annex II – Title C a (new)
Ca. Contacting friends, family, and consular authorities – You have the right to contact your friends and family, – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority can visit you and arrange for a lawyer to assist you.
Amendment 83 #
Amendment 84 #
2010/0215(COD)
Proposal for a directive
Annex II – Title D – indent 1
Annex II – Title D – indent 1
– You have the right to decide whether or not to agree to being surrendered under a European Arrest Warrant. This should speed the procedure up.
Amendment 85 #
2010/0215(COD)
Proposal for a directive
Annex II – Title D – indent 2
Annex II – Title D – indent 2
– If you agree to be surrendered, it may be difficult to change this decision at a later stage. You should speak to a lawyer before deciding whether or not to agree to surrender. There are particular grounds you can rely on to prevent surrender. A lawyer can assist you in deciding whether they apply in your case.
Amendment 86 #
2010/0215(COD)
Proposal for a directive
Annex II – Title E a (new)
Annex II – Title E a (new)
Ea. Ongoing information and regular review of detention - you are entitled to ongoing information concerning the reasons for your detention and regular review of these reasons - If you are not released, you must be brought before a judge within [X] hours after you have been deprived of your liberty.
Amendment 88 #
2010/0215(COD)
Proposal for a directive
Annex II – Title E – indent 1
Annex II – Title E – indent 1
– If you do not consentagree to be sent to the Member State seeking you, you are entitled to go before a judge and to explain why you don't consenturrendered under a European Arrest Warrant you have the right to a hearing where the judge will decide whether the European Arrest Warrant has been correctly, legally and appropriately issued and whether you should be sent to the country which is seeking your surrender.
Amendment 89 #
2010/0215(COD)
Proposal for a directive
Annex II – Title E – indent 1 a (new)
Annex II – Title E – indent 1 a (new)
- You have the right to be represented by a lawyer at this hearing. If you are not able to afford a lawyer, you must be provided with information about how to get legal assistance.
Amendment 9 #
2009/2178(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Union, as a member of the World Trade Organisation, is bound by the Agreement on Trade Related Intellectual Property Rights (TRIPS); whereas EU Member States are thereby committed to the adoption and implementation of effective measures against all infringements of IPRs,
Amendment 22 #
2009/2178(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the unauthorised uploading of copyrighted material to the Internet is a clear infringement of intellectual property rights and is prohibited by the World Intellectual Property Organisation (WIPO) treaties on copyright (WCT) and performances and phonograms (WPPT), to which the European Union is a contracting party,
Amendment 24 #
2009/2178(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the creative sector should continue to develop models enabling access to creative content online which offer improved and cost-effective choices to consumers, including access to unlimited subscription services; whereas the development of these legal services is inhibited by the growth of unlawfully uploaded content online,
Amendment 11 #
2009/2170(INI)
Motion for a resolution
Annex - Article 5 a – paragraph 1
Annex - Article 5 a – paragraph 1
(1) Without prejudice to Article 4(2) and (3), the law applicable to a non-contractual obligation arising out of violations of privacy and rights relating to personality, including defamation, shall be the law of the country in which the rights of the person seeking compensation for damage are, or are likely to be, directly and substantially affected. However, the law applicable shall be the law of the country in which the person claimed to be liable is habitually resident if he or shewhere the claimant has his or her centre of interests. The claimant must be able to demonstrate that substantial harm has occurred to his or her rights in that country. However, if the person claimed to be liable (the defendant) could not have reasonably have foreseen the substantial consequences of his or hetheir act occurring in the country designated by the first sentence, the law applicable shall be the law of the country in which the defendant is habitually resident.
Amendment 13 #
2009/2170(INI)
Motion for a resolution
Annex - Article 5 a – paragraph 1 a (new)
Annex - Article 5 a – paragraph 1 a (new)
(1a) In any case, Member States shall ensure that parties have access to detailed information on alternative forms of dispute resolution before proceeding to court.
Amendment 16 #
2009/2170(INI)
Motion for a resolution
Annex – Article 5 a – paragraph 2
Annex – Article 5 a – paragraph 2
(2) When the rights of the person seeking compensation for damageclaimant are, or are likely to be, affected in more than one country, and thatis person sues in the court of the domicile of the defendant, the claimant may instead choose to base his or her claim on the law of the court seised.
Amendment 18 #
2009/2170(INI)
Motion for a resolution
Annex – Article 5 a – paragraph 3
Annex – Article 5 a – paragraph 3
Amendment 147 #
2009/0157(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. The United Kingdom shall not apply this Regulation in any way which would affect property rights, interests or assets created or transferred as a result of gifts or equivalent dispositions made by the deceased during his or her lifetime, save where such gifts or dispositions are made in favour of an heir or beneficiary of the deceased and in accordance with the law applicable under Chapter III.
Amendment 82 #
2009/0099(COD)
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) To minimise incentives for excessive risk-taking bonuses should be a smaller proportion of total remuneration. It is essential that an employee's salary represents a sufficiently high proportion of their total remuneration to allow the operation of a fully flexible bonus policy, including the possibility to pay no bonus.
Amendment 159 #
2009/0099(COD)
Proposal for a directive – amending act
Annex I – point 1
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point d a (new)
Annex V – section 11 – point 22 – point d a (new)
(da) the remuneration of the senior officers in the risk management and compliance functions is directly overseen by the remuneration committee;
Amendment 161 #
2009/0099(COD)
Proposal for a directive – amending act
Annex I – point 1
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point e a (new)
Annex V – section 11 – point 22 – point e a (new)
(ea) in the case of credit institutions where the costs attributable to staff remuneration represent more than 25 % of total revenue, shareholders have a vote on the allocation of surplus revenues;
Amendment 209 #
2009/0099(COD)
Proposal for a directive – amending act
Annex II – point 1 – point a a (new)
Annex II – point 1 – point a a (new)
Directive 2006/49/EC
Annex I – point 14 a (new)
Annex I – point 14 a (new)
(aa) The following point is inserted: "14a. By way of derogation from point 14, an institution may determine the specific risk capital charge for the correlation trading portfolio as follows: the institution computes (i) the total specific risk capital charges that would apply just to the net long positions of the correlation trading portfolio and (ii) the total specific risk capital charges that would apply just to the net short positions of the correlation trading portfolio. The larger of these total amounts shall be the specific risk capital charge for the correlation trading portfolio. For the purpose of this Directive, the correlation trading portfolio shall consist of securitisation positions and nth-to- default credit derivatives that meet the following criteria: (a) the positions are neither re- securitisation positions, nor options on a securitisation tranche, nor any other derivatives of securitisation exposures that do not provide a pro-rata share in the proceeds of a securitisation tranche (for example, inter alia synthetically leveraged super-senior tranche are excluded from the correlation trading portfolio); and (b) all reference instruments are single- name instruments, including single-name credit derivatives, for which a liquid two- way market exists. This shall also include commonly traded indices based on these reference entities. A two-way market is deemed to exist where there are independent bona fide offers to buy and sell so that a price reasonably related to the last sales price or current bona fide competitive bid and offer quotations can be determined within one day and settled at such price within a relatively short time conforming to trade custom."
Amendment 219 #
2009/0099(COD)
Proposal for a directive – amending act
Annex II – point 3 – point c
Annex II – point 3 – point c
Directive 2006/49/EC
Annex V – point 5 – paragraph 4 a (new)
Annex V – point 5 – paragraph 4 a (new)
An institution shall not be required to capture default and migration risks for traded debt instruments in its internal model where it is capturing these risks through the requirements set out in points 5a to 5k.
Amendment 221 #
2009/0099(COD)
Proposal for a directive – amending act
Annex II – point 3 – point f
Annex II – point 3 – point f
Directive 2006/49/EC
Annex V – point 8 – paragraph 1
Annex V – point 8 – paragraph 1
For the purposes of point 10b(a) and 10b(b), the multiplication factor (m+) shall be increased by a plus-factor of between 0 and 1 in accordance with Table 1, depending on the number of overshootings for the most recent 250 business days as evidenced by the institution's back-testing of the value-at-risk measure as set out in point 10. Competent authorities shall require the institutions to calculate overshootings consistently on the basis of back-testing on hypothetical and clean changes in the portfolio's value. An overshooting is a one- day change in the portfolio's value that exceeds the related one-day value-at-risk measure generated by the institution's model. For the purpose of determining the plus-factor the number of overshootings shall be assessed at least quarterly and shall be equal to the higher of the number of overshootings under hypothetical and clean changes in the value of the portfolio.
Amendment 225 #
2009/0099(COD)
Proposal for a directive – amending act
Annex II – point 3 – point h – point i
Annex II – point 3 – point h – point i
Directive 2006/49/EC
Annex V – point 10 – point c
Annex V – point 10 – point c
(c) a 10-day equivalent holding period (institutions may use value-at-risk numbers calculated according to shorter holding periods scaled up to 10 days by, for example, the square root of time. An institution using this approach shall periodically justify the reasonableness of its approach to the satisfaction of the competent authorities);
Amendment 221 #
2009/0064(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to establish and maintain binding guidance on sound remuneration policies for AIFM. It is important to ensure appropriate coherence between provisions on sound remuneration for AIFM and those for credit institutions and investment firms. Such binding guidance should therefore ensure compliance with the applicable elements of provisions on remuneration set out in Annex V of Directive 2006/48/EC. In drawing up such delegated acts, the Commission should have reference to the advice of the European Securities and Markets Authority.
Amendment 610 #
2009/0064(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Remuneration policies for AIFM Member States shall require AIFM to set up and implement sound remuneration policies and practices that are consistent with effective risk management and that ensure that incentives are aligned with the long-term interests of the AIFM, AIF and investors.
Amendment 614 #
2009/0064(COD)
Proposal for a directive
Article 9 b (new)
Article 9 b (new)
Article 9b Notification The AIFM shall inform the relevant competent authorities about the characteristics of its remuneration policies and practices.
Amendment 617 #
2009/0064(COD)
Proposal for a directive
Article 9 d (new)
Article 9 d (new)
Article 9d Remuneration policies for AIFM Member States shall ensure that, for the purposes of the first paragraph, their respective competent authorities have the power to impose financial and non- financial penalties or measures. Those penalties or measures must be effective, proportionate and dissuasive.
Amendment 618 #
2009/0064(COD)
Proposal for a directive
Article 9 e (new)
Article 9 e (new)
Article 9e Remuneration policies for AIFM In order to ensure the consistent application in the Union the Commission shall, no later than the date of entry into force of this directive, lay down, by means of delegated acts in accordance with Articles 49a, 49b and 49c, binding guidance on sound remuneration policies for AIFM. This guidance should ensure compliance with the applicable elements of provisions set out in Annex V of Directive 2006/48/EC.
Amendment 12 #
2009/0054(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Late payment is particularly regrettable if it occurs despite the debtor’s solvency. Surveys show that public authorities often pay invoices very late after expiration regardless of twhe applicable payment period. Public authorities may face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streamsther the debtor is from the public or thane private undertakings. At the same time, they depend less than private undertakings on building stable commercial relationships for the achievement of sector. Therefore penalties and otheir aims. Consequently, public authorities may have less incentive to pay on time. In addition, many public authorities can obtain financing at more attractive conditions than private undertakings. Therefore, late payment by public authorities not only leads to unjustified costs for private undertakings, but to inefficiency in general. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authoritiemeasures intended to dissuade late payment should as a general rule apply equally to both sectors.
Amendment 22 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
(6) “statutory interest” means simple interest for late payment at a rate which is the sum of the reference rate, plus at least sevennine percentage points;
Amendment 25 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that in commercial transactions between undertakings and between undertakings and public authorities, the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied:
Amendment 29 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) fFor a debt of EUR 10 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payablefixed sum of EUR 100.
Amendment 37 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 39 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that, where public services are provided by both the public and the private sector, the provisions of this Article shall apply to both.
Amendment 40 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 1 #
2008/2123(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006,
Amendment 2 #
2008/2123(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the proposal for a Council decision concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (COM(2008)0530),
Amendment 3 #
2008/2123(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a move from substitute decision-making by legal guardians to supported decision-making of elderly people and people with disabilities, with high dependency needs and with mental, intellectual and psychosocial disabilities is necessary in order to ensure their full rights and dignity in compliance with international provisions,
Amendment 4 #
2008/2123(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the provisions of the UN Convention on the Rights of Persons with Disabilities need to be borne in mind,
Amendment 7 #
2008/2123(INI)
Motion for a resolution
Recital K
Recital K
K. whereas a single Community form could be created at European Union level in the case of incapacitysupported decision-making mandates, in order to ensure their effectiveness in all the Member States and adequate safeguards and protection of individuals benefiting from those measures,
Amendment 10 #
2008/2123(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit to Parliament, on the basis of Article 65 of the EC Treaty, a legislative proposal on strengthening cooperation between Member States and improving the recognition and enforcement of decisions on the protection of adults and incapacity mandatmeasures to ensure the full exercise of legal capacity, including where needed through the use of supported decision-making in line with provisions within the United Nations Conventions on the rights of Persons with Disabilities, following the detailed recommendations below;
Amendment 12 #
2008/2123(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States and the Commission to develop national and cross-border legal measures to promote the development of supported decision- making in favour of vulnerable adults in the place of legal incapacity and/or the surrendering of decision-making rights to a guardian; calls for the development of training measures for service providers, lawyers, judges, social assistants and families; calls for the establishment of safeguards and regular review mechanisms;
Amendment 1 #
2008/2121(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that the creative industries are a growing sector that account for 2.6% of EU GDP (2003) and employ over five million people;
Amendment 2 #
2008/2121(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the protection of copyright and related rights in the context of the information society is an important factor in the development of the internal market economy which underpins a virtuous circle of incentive, creation, investment, and dissemination to European consumers;
Amendment 11 #
2008/2121(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that this initial report on the application of articles 5, 6 and 8 of Directive 2001/29/EC does not enable a meaningful assessment, owing to belated transposition by the Member States, and therefore calls on the Commission to concentrate its efforts on full implementation of Directive 2001/29/EC in all its aspects and to ensure a balance between ensuring rewards for rights owners and dissemination to the benefit of European consumers;
Amendment 14 #
2008/2121(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Favours a system based onNotes that Directive 2001/29/EC provides for legal recourse for the enforcement of rights, favours the further development and use of alternatives involving arbitration, mediation and self- regulation systems that involves the various players in the digital world;
Amendment 14 #
2008/2114(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on all Member States to cooperate fully with the Commission in conducting and following up on Commission sweeps;
Amendment 13 #
2008/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that European electricity and gas consumers have the right to enjoy the universal right to be connected to the networks and to be supplied with electricity and gas, at reasonable, transparent, non discriminatory and clearly comparable tariffs and prices, including adjusted prices and tariffs resulting from their respective indexation mechanisms; non-discrimination should include a prohibition on discriminatory charges on certain methods of payment, in particular for those, often vulnerable, consumers charged by means of a prepayment meter;
Amendment 22 #
2008/2006(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges that all consumers be guaranteed easy and free access to price comparison information and calculation facilities, including via websites;
Amendment 28 #
2008/2006(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Asks the Commissions to develop and finance pilot projects for theat a timetable be established for the compulsory provision to individual consumers of ‘smart meters’, accurately reflecting actual energy consumption and time of use; notes that a 10-year period is feasible for their EU-wide introduction;
Amendment 31 #
2008/2006(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the need ofor the development of standard invoices to be applimandatory standard pre-contractual and contractual information, including information of the consumer's rights under the Charter, to be provided by all suppliers, in order to increase their transparency and comparability, and to make reference to consumer rights on the websites of electricity and gas companies and of the independent national regulators;
Amendment 51 #
2008/2006(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that all consumers should have the right to service delivery, complaint handling and alternative dispute resolution by their energy service provider in line with international standards including ISO 10001, ISO 10002 and ISO 10003 and further ISO standards developed in this field;
Amendment 54 #
2008/2006(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that all consumers should be able to benefit from the right to redress by means of collective action;
Amendment 47 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point a
Article 3 – point a
(a) "disabled person" or "person with reduced mobility" means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or reduced mobility, including illness and pregnancy or as a result of elderly age, and extending furthermore to young children and to accompanying persons, and whose situation needs appropriate attention and adaptation to his particular needs of the services made available to all passengers;
Amendment 73 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Carriers shall establish, with the active involvement of representatives of organisations of disabled persons and persons with reduced mobility and enforcement bodies referred to in Article 26, non-discriminatory access rules that apply to the carriage of disabled persons and persons with reduced mobility and accompanying persons, as well as any restrictions on their carriage or on that of mobility equipment due to the structure of passenger ships, in order to meet applicable safety requirements. These rules shall contain all access conditions of the maritime service in question, including accessibility of the ships operated and their facilities on board, and of the fitted assistive equipment.
Amendment 76 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Carriers, their ticket vendors or tour operators shall ensure that all relevant information concerning the conditions of carriage, journey information and information on accessibility of services is available in appropriate and accessible formats for disabled persons and persons with reduced mobility extending to persons incapable of travelling without assistance because of their elderly or young age and accompanying persons, including online booking and information.
Amendment 136 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 22
Article 22
Carriers shall cooperate in order to adopt arrangements at national or European level with the involvement of stakeholders, professional associations and associations of customers, passengers and disabled persons. These measures should be aimed at improving care for passengers, especially in the event of long delays and interruption or cancellation of travel prioritising care for those passengers with special needs owing to disability, reduced mobility, illness, elderly age, pregnancy as well as young children and accompanying passengers. In the event of long delays and interruption or cancellation of travel, care should focus on providing passengers with nursing assistance and food and drink as necessary, regular information updates, and, where appropriate, alternative travel arrangements and accommodation.
Amendment 139 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
Amendment 140 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) aggregated data on complaints, including on their outcome and resolution timescales;
Amendment 51 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 3 – point 8
Article 3 – point 8
(8) 'disabled person' or 'person with reduced mobility' means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotory, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or as a result of age or reduced mobility, including illness and pregnancy or as a result of elderly age, and extending furthermore to young children and to accompanying persons, and whose situation needs appropriate attention and adaptation to his particular needs of the services made available to all passengers;
Amendment 83 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Bus and/or coach undertakings shall establish, with the active involvement of representatives of organisations of disabled persons and persons with reduced mobility and enforcement bodies referred to in Article 27, non-discriminatory access rules that apply to the transport of disabled persons and persons with reduced mobility, and accompanying persons, in order to meet applicable safety requirements. These rules shall contain all access conditions of the bus and coach service in question, including accessibility of the vehicles operated and their facilities on board, and of the fitted assistive equipment.
Amendment 89 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Bus and/or coach undertakings, their ticket vendors or tour operators shall ensure that all relevant information concerning the conditions of carriage, journey information and information on accessibility of services is available in appropriate and accessible formats for disabled persons and persons with reduced mobility extending to persons incapable of travelling without assistance because of their elderly or young age and accompanying persons, including online booking and information.
Amendment 127 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 23
Article 23
Amendment 134 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. Member States shall ensure, where appropriate, that the national enforcement bodies cooperate with consumer organisations in establishing or coordinating efforts with national single points of contact, to provide passengers with adequate information and advice on their rights and on complaint procedures.
Amendment 136 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 28 – paragraph 1 – point d
Article 28 – paragraph 1 – point d
(d) aggregated data on complaints, including on their outcome and resolution timescales;
Amendment 134 #
2008/0196(COD)
Proposal for a directive
Recital 49
Recital 49
(49) For the purposes of this Directive, neither the fairness of terms which describe the main subject matter of the contract, nor the quality/price ratio of the goods or services supplied should be assessed unless these terms did not meet transparency requirements. The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms. For example, in insurance contracts, the terms which clearly define or circumscribe the insured risk and the insurer's liability should not be subject to such an assessment since these restrictions are taken into account in calculating the premium paid by the consumer. This exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract, including fees or charges for breaching any of the terms of the contract, which should be fully subject to the fairness test.
Amendment 136 #
2008/0196(COD)
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
Amendment 347 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 349 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. In the case of second-hand goods, the trader and the consumer may agree on a shorterdefined liability period, which may not be less than onetwo years.
Amendment 353 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthtwo years of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 354 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5a. When the trader has remedied the lack of conformity by replacement, any lack of conformity which becomes apparent within two years of the time when the risk passed back to the consumer, shall be presumed to have existed at that time unless proved otherwise or unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 384 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader's main contractual obligation, provided that the trader fully complies with Article 31. This exclusion does not apply to the remuneration foreseen for the trader from ancillary or contingent charges set out in the contract.
Amendment 411 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point c a (new)
Annex 3 – paragraph 1 – point c a (new)
(ca) requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;
Amendment 412 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point c b (new)
Annex 3 – paragraph 1 – point c b (new)
(cb) applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;
Amendment 48 #
2008/0160(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The hunting of seals has led to expressions of serious concerns by members of the public, governments as well as the European Parliament sensitive to animal welfare considerations since there are indications that seals may not be killed and skinned without causing avoidable pain, distress and other forms of suffering. The European Food Safety Authority concludis clear evidence that seals killed, in its scientific opinion on the Animal Welfare aspects of the killing and skinning of seals, that it is possible to kill seals rapidly and effectively without causing them avoidablecommercial seal hunts consistently suffer pain or, distress, whilst also reporting that in practice, effective and humane killing does not always happen and other forms of suffering.
Amendment 53 #
2008/0160(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To eliminate the present fragmentation of the internal market, there is a need to provide for harmonised rules while taking into account animal welfare considerations. A ban on placing seal products on the market is appropriate to that effect. It is appropriate to provide for a limited derogation from the general ban on the placing on the market and the import to, or export from, the Community of seal products for products of seal hunts conducted by Inuit or other aboriginal communities that are traded as a part of a non-commercial exchange between Inuit communities for cultural, educational or ceremonial purposes.
Amendment 56 #
2008/0160(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 61 #
2008/0160(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 65 #
2008/0160(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The fundamental economic and social interests of Inuit communities traditionallyand other aboriginal communities engaged in the hunting of seals as a means to ensure their subsistence should not be adversely affected. The hunt is an integrated part of the culture and the identity of the members of the Inuit society. It represents a source of income and contributes to the subsistence of the hunter. Therefore, s by this Regulation, since subsistence hunting involves personal or family consumption only and does not constitute intra- Community trade. Seal products deriving from hunts traditionally conducted by Inuit communities and which contribute to their subsistenceenter the EU market for purely cultural exchange purposes, such as education or ceremony, should not be covered by the prohibitions provided for in this Regulation.
Amendment 72 #
2008/0160(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 77 #
2008/0160(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 82 #
2008/0160(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes harmonised rules concernprohibiting the placing on the market and the import into, transit through, or export from, the European Community of seal products. Only products derived from subsistence hunting of seals conducted by Inuit or other aboriginal communities may be traded as part of a non- commercial exchange between such communities for cultural, educational, and/or ceremonial purposes.
Amendment 84 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. 'seal' means specimens of Pinnipeds belonging to the species listed in Annex I;
Amendment 86 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. 'seal product' means all products, either processed or unprocessed, deriving or obtained from seals, including meat, oil, blubber, organs, and raw fur skins and fur skins, tanned or dressed, including fur skins assembled in plates, crosses and similar forms as well as articles made from seal fur skins;
Amendment 89 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 4
Article 2 – point 4
4. 'import' means any entry of goods into the customs territory of the Community, with the exception of imports that: (i) are of an occasional nature, and (ii) consist exclusively of goods for the personal use of the travellers or their families; the nature and quantity of such goods may not be of such a kind as to indicate that they are being imported for commercial reasons;
Amendment 90 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
Amendment 96 #
2008/0160(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The placing on the market and the import into, transit through, or export from, the Community of seal products shall be prohibited.
Amendment 98 #
2008/0160(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1 shall not apply to seal products resulting from hunts traditionally conducted by Inuit communities and which contribute to their subsistenceor other aboriginal communities for seal products that are traded as part of a non-commercial exchange between Inuit communities for cultural, educational, or ceremonial purposes.
Amendment 106 #
2008/0160(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 110 #
2008/0160(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 117 #
2008/0160(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 121 #
2008/0160(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 124 #
2008/0160(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 127 #
2008/0160(COD)
Proposal for a regulation
Article 11
Article 11
1. Member States shall send by ...* and thereafter every fivthree years to the Commission a report outlining the actions taken to enforce this Regulation. 2. On the basis of the reports referred to in paragraph 1, the Commission shall report to the European Parliament and the Council on the application of this Regulation within twelve months of the end of the five-yeareach reporting period concerned. ________ * Two years from the entry into force of this Regulation.
Amendment 131 #
2008/0160(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Articles 3 and 4 shall apply from 6 months after the date of entry into force of the Regulation unless the implementing measures referred to in Articles 3(3), 5(5), 6(2) and 7(2) are not in force on that date, in which case they shall apply on the day following the entry into force of those implementing measuresis Regulation.
Amendment 133 #
Amendment 136 #
Amendment 81 #
2008/0142(COD)
Proposal for a directive
Recital 27
Recital 27
(27) This Directive provides also for the right for a patient to receive any medicinal product authorised for marketing in the Member State where healthcare is provided, even if the medicinal product is not authorised for marketing in the Member State of affiliation, as it is an indispensable part of obtaining effective treatment in another Member State. This is without prejudice to the ability of Member States to organise their own healthcare and social security systems and to the applicable rules in the Member State of affiliation regarding the reimbursement of medicinal products.
Amendment 110 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-borderprovides rules for the access to safe and high-quality healthcare in another Member State and establishes cooperation mechanisms on healthcare between Member States, in full respect of national competencies in organising and delivering healthcare.
Amendment 164 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph -1 a (new)
Article 5 – paragraph -1 a (new)
-1a. When healthcare is provided in another Member State than the Member State of affiliation of the patient, or in a Member State other than that where the healthcare provider is established, such healthcare is provided according to the legislation of the Member State of treatment in accordance of paragraph 2 of this article.
Amendment 167 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and takHealthcare shall be provided according into account principles of universality, access to good quality care, equity and solidarity, they shall define clear quality and safety standards for healthcare providedstandards and guidelines on quality and safety defined by the Member State of treatment. The Member States onf their territory, andreatment shall ensure that:
Amendment 173 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) mechanismpatients are in place for ensuring that healthcare providers are able to meet such standards, taking into account international medical science and generally recognised good medical practicesceive upon request information on such standards and guidelines, including provisions on supervision and assessment;
Amendment 179 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 182 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) healthcare providers provide all relevant information to enable patients to make an informed choice, in particularpatients with information on availability, prices and outcomes of the healthcare provided and details of theirincluding in terms of quality, as well as details of the healthcare provider’s registration status, insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 185 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) patients, health providers and the public have a means of making complaints and are guaranteediven recourse to appropriate remedies and compensation when they suffer harm arising from the healthcare they receivor become aware of harm caused arising from cross-border healthcare;
Amendment 202 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 219 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure thate reimbursement of costs incurred by an insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is providedif the health care in question is among the benefits to which the insured person is entitled in the Member State of affiliation.
Amendment 227 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall be reimbursed by the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed hadby the same or similar healthcare been provided in the Member State of affiliationMember State of affiliation had this healthcare been provided in its territory, without exceeding the actual costs of healthcare received.
Amendment 235 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Member State of affiliation may impose on a patient seeking healthcare provided in another Member State, the same conditions, criteria of eligibility and regulatory and administrative formalities, whether set at a local, national or regional level, for receiving healthcare and reimbursementassumption of healthcare costs as it would impose if the same or similaris healthcare was provided in its territory, in so far as they are neither discriminatory nor an obstacle to freedom of movement of persons. , services and goods. This may include a requirement that the insured person is assessed for the purposes of applying those conditions, criteria or formalities, by a health professional or healthcare administrators providing services for the statutory social security system of the Member State of affiliation, where such an assessment would also be required for accessing services in the Member State of affiliation.
Amendment 263 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This list shall be set upEach Member State shall establish and may be regularly updated by the Commission. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3) such a list applicable to patients affiliated in that Member State.
Amendment 272 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in anomake the reimbursement of the cost of hospital care and specialised care as defined by ther Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's sociof affiliation in accordance with paragraph 1 provided in another Member State subject to prior authorisation. The Member State of affiliation shall specurity system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementify in advance and in a transparent way, the criteria for refusal of the prior authorisation related to the overriding considerations of the present Article and to prevent it from seriously undermining, or being likely to seriously undermgeneral interest. Prior authorisation may be refused for reasons including the followineg: (i) tThe financial balance of the Member State's social security system; and/orpatient does not meet the criteria provided for in Article 6 (3); (ii) tThe planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalanceinsurer or commissioner judges that there is a clinical risk to the patient or to wider public health inf the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member Statey travel abroad, or that there are inadequate aftercare or follow-up arrangements in place for the treatment in question; (iii) Where the insurer or commissioner has evidence to show that the provider the patient wishes to travel to is negligent or fraudulent.
Amendment 279 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 a – (new)
Article 8 – paragraph 3 a – (new)
3a. A Member State may also refuse requests for prior authorisation where the patient can receive the treatment they are entitled in accordance with Article 6 (3) without undue delay in the Member State of affiliation and where there is evidence that the outflow of patients is damaging, or is likely to damage, the provision of certain treatments at either the national or local level.
Amendment 320 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States of affiliationtreatment shall ensure that there are mechanisms in place to provide patients on request with informationmake information publicly available on receiving healthcare in anotherthat Member State, and on the terms and conditions that would apply, inter alia, wheneverregistered health professionals and providers in that Member State. The Member states of treatment shall also make available information on the quality and safety standards that apply, the regulatory system in place, and the process for making complaints where harm is caused as a result of healthcare received in anotherthat Member State.
Amendment 325 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 334 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The national contact point in the Member State of affiliationtreatment shall, in close cooperation with other competent national authorities, and with national contact points in other Member States, in particular in the Member State of treatment, and with the Commission:
Amendment 338 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point (a)
Article 12 – paragraph 2 – point (a)
(a) provide and disseminate information to patients in particular on their rights related to cross-border healthcare and the guarantees of quality and safety standards, protection of personal data, procedures for complaints and, the means by which professionals and providers are regulated and the means by which regulatory action can be taken, the means of redress available for healthcare provided in anotherthat Member State, and on the terms and conditions applicable;
Amendment 346 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 350 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall immediately and proactively inform each other about health providers or health professionals when regulatory action is taken against their registration or their right to provide services.
Amendment 363 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point (a)
Article 14 – paragraph 2 – point (a)
(a) measurnon-binding guidelines enabling a pharmacist or other health professional to verify the authenticity of the prescription and whether the prescription was issued in another Member State by an authorised person through developing a Community prescription template, and supporting interoperability of ePrescriptions;
Amendment 366 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point (b)
Article 14 – paragraph 2 – point (b)
(b) measurnon-binding guidelines to ensure that medicinal products prescribed in one Member State and dispensed in another are correctly identified and that the information to patients concerning the product is comprehensible;
Amendment 373 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 375 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Nothing in paragraph 1 of this Article obliges a Member State of affiliation to reimburse an insured person for a medicinal product prescribed in the Member State of treatment which is not among the benefits provided to that insured person by the Member State of affiliation.
Amendment 378 #
2008/0142(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission shall adwork with the European reference networks to developt:
Amendment 381 #
2008/0142(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 382 #
2008/0142(COD)
Proposal for a directive
Article 16 – paragraph 1 (new)
Article 16 – paragraph 1 (new)
1. The Commission shall, in accordance with the procedure referred to in Article 19(2), adopt specific measures necessary for achieving the interoperability of information and communication technology systems in the healthcare field, applicable whenever Member States decide to introduce themworking with Member States, develop measures to facilitate interoperability of information and communication technology insofar as is necessary to ensure patient safety in the field of cross-border healthcare. Those measures shall reflect developments in health technologies and medical science and respect the fundamental right to the protection of personal data in accordance with the applicable law. They shall specify in particular the necessary standards and terminologies for inter-operability of relevant information and communication technology systems to ensure safe, high- quality and efficient provision of cross- border health services.
Amendment 385 #
2008/0142(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Those contracting e-health services from providers and professionals in other Member States shall ensure they are appropriately regulated and qualified and that they have demonstrated, via the relevant competent authority, that they are fit to practise and to provide e-health services.
Amendment 394 #
2008/0142(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Commission shall, in accordance with the procedure referred to in Article 19(2), ad work with Member States to developt the necessary measures for the establishment and the management of this network and specifying the nature and type of the information to be exchanged.
Amendment 146 #
2008/0018(COD)
Proposal for a directive
Article 2 – point 15 a (new)
Article 2 – point 15 a (new)
(15a) "intended for use by" means that a parent or supervisor could reasonably assume a toy was intended for use by children of the stated age group. The placing of a warning on a product stating that it is not suitable for a particular age group is not deemed to make the product compliant with the safety requirements of this Directive.
Amendment 267 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 3
Annex II – Part I – point 4 – subparagraph 3
Toys, which are clearly intended for use by children under 36 months, and their component parts and any of their detachable parts must be of such dimensions as to prevent their being swallowed and/or inhaled. This also applies to other toys which are intended to be put in the mouth and to toys which are contained within or co-mingled with food, and to their component parts and any of their detachable parts.
Amendment 272 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 4
Annex II – Part I – point 4 – subparagraph 4
Toys contained within food or co-mingled with a food must have their own packagingbe packaged separately to avoid migration of constituents or odour between the food and the toy. This packaging, in its supplied condition, must be of such dimensions as to prevent it being swallowed and/or inhaled.
Amendment 279 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5
Annex II – Part I – point 4 – subparagraph 5
Toys firmly attached to a food product at the moment of consumptioncontained within or co-mingled with a food product, in such a way that the food product needs to be consumed or broken apart in order to get direct access to the toy, shall be prohibited.
Amendment 17 #
2007/2261(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Draws attention to the fact that, with the growth of on-line gaming and the Commission's efforts to liberalise the sector, it is also necessary to ensure betting integrity and deal with the question of compliance with intellectual property rights in connection in particular with on- line gaming; asks the Commission and the Member States to explore with sport and betting operators the creation of a workable, equitable and sustainable framework to ensure that all sports in Europe remain free from illegal betting and retain public confidence in the integrity of sport.
Amendment 19 #
2007/2261(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission and the Member States to explore with sport and betting operators the creation of a workable, equitable and sustainable framework to ensure that all sports in Europe remain free from illegal betting behaviour and retain public confidence in the integrity of sport;
Amendment 146 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 – point (h)
Article 20 – paragraph 2 – subparagraph 1 – point (h)
(h) the action that might be taken by the undertaking providing connection and/or services in reaction to security or integrity incidents or threats and vulnerabilities or the use of the service to commit unlawful activities.
Amendment 171 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6 b (new)
Article 20 – paragraph 6 b (new)
6b. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, those contracts provide for contractual sanctions to be applied and enforced against subscribers who misuse their connection to carry out unlawful and harmful activities.
Amendment 226 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16 b (new)
Article 1 – point 16 b (new)
Directive 2002/22/EC
Article 27 a (new)
Article 27 a (new)
(16b) A new article is inserted after Article 27: "Article 27a The missing children hotline number 1. Member States shall ensure citizens' access to a hotline to report cases of missing children. The hotline will be available on the number "116000" in line with decision 2007/116/EC. 2. Member States shall ensure that disabled end-users are able to access the missing child hotline. In order to ensure that disabled end-users are able to access the hotline while travelling in other Member States, the measures taken shall include ensuring compliance with relevant standards or specifications published in accordance with the provisions of Article 17 of Directive 2002/21/EC (Framework Directive). 3. Member States shall ensure that citizens are adequately informed about the existence and use of the missing child hotline number “116000”, in particular through initiatives specifically targeting persons travelling between Member States. 4. In order to ensure the effective implementation of the missing children hotline number in the Member States, including access for disabled end-users when travelling in other Member States, the Commission, having consulted [xxx], may adopt technical implementing measures. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2)."
Amendment 233 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
National regulatory authorities shall be able to block on a case-by-case basis access to numbers or services where this is justified by reasons of fraudunlawful and harmful activity or misuse.
Amendment 32 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 22 a (new)
Recital 22 a (new)
(22a) All consumers should have the right to service delivery and complaint handling by their gas service provider in line with international standards ISO 10001, ISO 10002, and ISO 10003, and compliance with the guidelines established should be monitored by the national regulator. Further ISO standards developed in this field should also be added to the required standards. This Directive should adopt standards and practice from the proposal for a Directive on certain aspects of mediation in civil and commercial matters (2004/0251 (COD)).
Amendment 35 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 23 a (new)
Recital 23 a (new)
(23a) The Commission should establish, in consultation with the European Parliament and the Council, a European Charter on the Rights of Energy Consumers. This Charter should provide a reference for guidelines to be established by Member States, national regulators, the Agency and the European Commission. In particular, rights established by the Charter should, where applicable, be adopted by the Commission as supplementary requirements under Annex A of this Directive, by means of the regulatory procedure with scrutiny.
Amendment 40 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 32
Recital 32
(32) As regards Directive 2003/55/EC, power should be conferred on the Commission in particular to adopt the guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of this Directive including through the supplementing of measures in Annex A with guidelines adopted, as applicable, from the European Charter on the Rights of Energy Users. Since those measures are of general scope and are designed to supplement Directive 2003/55/EC by the addition of new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 46 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 c (new)
Article 1 – point 1 c (new)
Directive 2003/55/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
(1c) In Article 3, paragraph 3 is amended as follows: "3. Member States shall take all necessary measures to protect final customers and to ensure high levels of consumer protection, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers, including appropriate measures to help them avoid disconnection. In this context, they may take appropriate measures to protect customers in remote areas who are connected to the gas system. Member States may appoint a supplier of last resort for customers connected to the gas network. Member States shall prohibit discriminatory charges on certain methods of payment, particularly for consumers charged by means of a pre- payment meter. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding general contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is effectively able to switch to a new supplier. As regards at least household customers, the measures provided for by this Article shall include at a minimum the establishment of those rights set out in Annex A. Member States shall strengthen the market position of domestic consumers by allowing for and promoting the possibilities of voluntary aggregation of representation for this class of consumers, including the possibility for these consumers to seek redress collectively for any infringement of their rights set out in this Directive, including those provided for in Annex A."
Amendment 81 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Directive 2003/55/EC
Annex A – point (f)
Annex A – point (f)
In Annex A, point (f) shall be replaced by the following: "(f) benefit from transparent, simple and inexpensive procedures for dealing with their complaints. In particular, all consumers shall have the right to service delivery and complaint handling by their gas service provider in line with International Standards ISO 10001, ISO 10002, and ISO 10003. Such procedures shall enable disputes to be settled fairly and promptly with provision, where warranted, for a system of reimbursement and/or compensation. They should follow, wherever possible, the principles set out in Commission Recommendation 98/257/EC;"
Amendment 98 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 a (new)
Article 1 – point 17 a (new)
Directive 2003/55/EC
Annex A – paragraph 2 a (new) – point (a)
Annex A – paragraph 2 a (new) – point (a)
(17a) In Annex A, a new paragraph on obligations of the Commission shall be inserted: "2a. The Commission: (a) shall establish, in consultation with the European Parliament and the Council, a European Charter on the Rights of Energy Consumers. This Charter shall provide a reference for guidelines to be established by Member States, national regulators, the Agency and the Commission."
Amendment 99 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 17 a (new)
Article 1 – point 17 a (new)
Directive 2003/55/EC
Annex A – paragraph 2 a (new) – point (b)
Annex A – paragraph 2 a (new) – point (b)
(b) may adopt guidelines for the implementation of this Annex, including, inter alia, where further standards are developed relating to point (f), where applicable, to clearly incorporate those rights articulated in the European Charter on the Rights of Energy Consumers and where necessary in the light of experience. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).
Amendment 13 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 20 a (new)
Recital 20 a (new)
(20a) All consumers should have the right to service delivery and complaint handling by their electricity service provider in line with international standards ISO 10001, ISO 10002, and ISO 10003, and compliance with the guidelines established should be monitored by the national regulator. Further ISO standards developed in this field should also be added to the required standards. This Directive should adopt standards and practice from the proposal for a Directive on certain aspects of mediation in civil and commercial matters (2004/0251(COD)).
Amendment 16 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 21 a (new)
Recital 21 a (new)
(21a) The Commission should establish, in consultation with the European Parliament and the Council, a European Charter on the Rights of Energy Consumers. This Charter should provide a reference for guidelines to be established by Member States, national regulators, the Agency and the Commission. In particular, rights established by the Charter should, where applicable, be adopted by the Commission as supplementary requirements under Annex A of this Directive, by means of the regulatory procedure with scrutiny.
Amendment 22 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 27
Recital 27
(27) In particular power should be conferred on the Commission to adopt the guidelines necessary for providing the minimum degree of harmonisation required to achieve the aim of Directive 2003/54/EC, including through the supplementing of measures in Annex A with guidelines adopted, as applicable, from the European Charter on the Rights of Energy Users. Since those measures are of general scope and are designed to supplement Directive 2003/54/EC by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 32 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 e (new)
Article 1 – point 1 e (new)
Directive 2003/54/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
(1e) Article 3(3) shall be replaced by the following: "3. Member States shall ensure that all household customers and [...] small enterprises, (namely enterprises with fewer than 50 occupied persons and an annual turnover or balance sheet not exceeding EUR 10 million), enjoy universal service, that is the right to be supplied with electricity of a specified quality within their territory at affordable, easily and clearly comparable, transparent and non- discriminatory prices. Non-discrimination shall include a prohibition on discriminatory charges on certain methods of payment, particularly for consumers charged by means of a pre- payment meter. Those customers shall have access to choice, fairness, representation and redress. Quality of service shall be a core responsibility of electricity undertakings. To ensure the provision of universal service, Member States may appoint a supplier of last resort. Member States shall impose on distribution companies an obligation to connect customers to their grid under terms, conditions and tariffs set in accordance with the procedure laid down in Article 23(2). [....] Member States shall strengthen the market position of [...] domestic, small and medium-sized consumers by allowing for and promoting the possibilities of voluntary aggregation of representation for this class of consumers, including the possibility for these consumers to seek redress collectively for any infringement of their rights set out in this Directive, including those provided for in Annex A."
Amendment 34 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 g (new)
Article 1 – point 1 g (new)
Directive 2003/54/EC
Article 3 – paragraph 5
Article 3 – paragraph 5
(1g) Article 3(5) shall be replaced by the following: "5. Member States shall take appropriate measures to protect final customers, and shall in particular ensure that there are adequate safeguards to protect vulnerable customers, including measures to help them avoid disconnection. In this context, Member States may take measures to protect final customers in remote areas. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms. Member States shall ensure that the eligible customer is in fact able to switch to a new supplier. As regards at least household customers, the measures provided for by this Article shall include at a minimum the establishment of those rights set out in Annex A. Member States shall ensure that these rights are enforced by the National Regulatory Authority and are enforceable by the consumer."
Amendment 80 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 14 f (new)
Article 1 – point 14 f (new)
Directive 2003/54/EC
Annex A – point (f)
Annex A – point (f)
14(f) In Annex A, point (f) shall be replaced by the following: '(f) benefit from transparent, simple and inexpensive procedures for dealing with their complaints. In particular, all consumers shall have the right to service delivery and complaint handling by their electricity service provider in line with International Standards ISO 10001, ISO 10002, and ISO 10003. Such procedures shall enable disputes to be settled fairly and promptly with provision, where warranted, for a system of reimbursement and/or compensation. They should follow, wherever possible, the principles set out in Commission Recommendation 98/257/EC;'
Amendment 85 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 15 a (new)
Article 1 – point 15 a (new)
Directive 2003/54/EC
Annex A – paragraph 1 a (new)
Annex A – paragraph 1 a (new)
(15a) In Annex A, the following paragraph shall be inserted: "The European Commission shall establish, in consultation with the European Parliament and the Council, a European Charter on the Rights of Energy Consumers. This Charter shall provide a reference for guidelines to be established by Member States, national regulators, the Agency and the Commission."
Amendment 86 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 15 b (new)
Article 1 – point 15 b (new)
Directive 2003/54/EC
Annex A – paragraph 1 b (new)
Annex A – paragraph 1 b (new)
(15b) In Annex A, the following paragraph shall be inserted: "The Commission may adopt guidelines for the implementation of this Annex, including, inter alia, where further standards are developed relating to point (f), to clearly incorporate those rights articulated in the European Charter on the Rights of Energy Consumers, where necessary in the light of experience. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3)."
Amendment 137 #
2007/0113(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate informationIn good time before the consumer is bound by any contract or offer, the trader shall provide to the consumer, in addition to a general description of the product, information in a clear and comprehensible manner that is accurate and sufficient on the following items, whereas applicable: (a) In the case of a timeshare contract, the information set out in Annex I and, if the contract concerns accommodation under construction, the information set out in Annex II; (b) in the case of long-term holiday product contract, the information set out in Annex III; (c) in the case of a resale contract, the information set out in Annex IV; (d) in the case of an exchange contract, the information set out in Annex V. The information shall be provided on paper or another durable medium in the order, and under the relevant headings, as set out in the relevant annexes referred to above.
Amendment 166 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteenThe consumer shall have a period of twenty-one calendar days to withdraw from the contract, without giving any reason. That withdrawal period shall begin: (a) either from the days of both parties' signing thethe conclusion of the contract or a binding preliminary contract; or of both parties' signing(b) from the day on which the consumer receives the contract or a binding preliminary contract. I if the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter. at day is later than the date referred to in point (a).
Amendment 177 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. If the information referred to in points (a) to (po) of Annex I and (a, points (a), (b) and (bd) of Annex II, points (a) to (i) of Annex III, points (a) to (g) of Annex IV or points (a) to (k) of Annex V has not been provided in writing within three months after the signing of the contract, the right of withdrawal shall expire after three months and fourteen days from the signing ofconsumer is deemed not to be bound by the contract.