Activities of Klaus-Heiner LEHNE related to 2009/0161(COD)
Plenary speeches (1)
Specific tasks for the European Central Bank concerning the functioning of the European Systemic Risk Board - Powers of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority - European Securities and Markets Authority - Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board - European Banking Authority - European Insurance and Occupational Pensions Authority - Cross-Border Crisis Management in the Banking Sector (debate)
Legal basis opinions (0)
Amendments (215)
Amendment 32 #
Proposal for a directive – amending act
Recital 9
Recital 9
9. Matters subject to technical standards should be genuinely technical, where their development requires the expertise of supervisory experts. The technical standards should determine the conditions of application of the rules included in basic instruments adopted by the European Parliament andof general application should be limited to supplement or amend certain non-essential elements of the basic legislative act. Technical standards should not therefore involve policy choices. In accordance with Article 290 of the Treaty on the CoFuncil and, where applicable, in Commission implementing measures without amending non-essential elements of those acts, inter alia by deleting some of those elements or by supplementing the act by the addition of new non-essential elements. Ttioning of the European Union the Commission should be empowered to adopt those technical standards by means of delegated acts. The conditions to which the delegation is subject should be laid down in the basic legislative act. The Commission should be able to use the expertise of the ESA as set out in the regulations establishing the ESFS. For the sake of consistency, it is therefore appropriate to introduce the procedure for the adoption of technical standards should not thereprovided fore involve policy choices. I Article 7 of Regulations (EC) No. …/…[EBA], No. …/… [ESMA], and No. …/… [EIOPA]. In certain cases where the technical standards are designed to determine the conditions of application of a Commission implementing measure, they should only be developed once the Commission implementing measure has been adopted. In certainthose cases wthere at present the Commission is empowered to adopt implementing measures in accordance with committee procedures pursuant to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, and the content of those implementing measures is limited to determining the conditions of application of rules included in the basic instruments, which do not require further supplementing, it is appropriate for the sake of consistency to introduce the procedure for adoption of technical standards provided for in Article 7 of Regulations (EC) No. …/…[EBA], No. …/… [ESMA], and No. …/… [EIOPA] implementing power should be conferred on the Commission in accordance with Article 291 of the Treaty on the Functioning of the European Union. For the sake of consistency it is appropriate to introduce the procedure of Article 7 a of regulation (EC) N° …. (ESMA). The rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers to be laid down in accordance with Article 291(3) of the Treaty on the Functioning of the European Union should apply.
Amendment 37 #
Proposal for a directive – amending act
Recital 18
Recital 18
Amendment 38 #
Proposal for a directive – amending act
Article 2 – point 3
Article 2 – point 3
Directive 2002/87/EC
Chapter III – title
Chapter III – title
Amendment 44 #
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – title
Article 21a – title
Technical Standards Technical Standards - delegated acts
Amendment 45 #
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 1 – introductory part
Article 21a – paragraph 1 – subparagraph 1 – introductory part
1. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Directive, the European Supervisory Authorities, in accordance with Articles 42 of Regulation …/… [EBA], Regulation …/… [EIOPA], and Regulation …/… [ESMA] may develop draftfive years, to adopt by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards, with regard to:
Amendment 46 #
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 1 a (new)
Article 21a – paragraph 1 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 47 #
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 1 b (new)
Article 21a – paragraph 1 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 48 #
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 2
Article 21a – paragraph 1 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 of Regulation …/… [EBA], Regulation …/… [EIOPA], and Regulation …/… [ESMA].
Amendment 56 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
Amendment 57 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 1 a (new)
Article 16 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 58 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 1 b (new)
Article 16 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 59 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 2
Article 16 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA].
Amendment 66 #
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. In order to ensure uniThe Commission shall be empowered, form applicat periond of the directive, the European Insurance and Occupational Pension Authority established by Regulation…/…of the European Parliament and of the Council shall develop draft technical standards concerning information provided to the competent authorities. The Authority shall submit those draft technical standards to the Commission by 1 January 2014five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning information provided to the competent authorities.
Amendment 67 #
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 68 #
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 1 b (new)
Article 13 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 69 #
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EIOPA]. ".
Amendment 70 #
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 1
Article 20 – paragraph 11 – subparagraph 1
11. In order to ensure uniThe Commission shall be empowered, form application of this Directive, the European Insurance and Occupational Pension Authority shall develop draft period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards listing for each Member State provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 71 #
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 1 a (new)
Article 20 – paragraph 11 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 72 #
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 1 b (new)
Article 20 – paragraph 11 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 73 #
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 2
Article 20 – paragraph 11 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EIOPA].
Amendment 83 #
Proposal for a directive – amending act
Article 5 – point 1
Article 5 – point 1
Directive 2003/71/EC
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
5. In order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets, the European Securities and Markets Authority established by Regulation…/…of the European Parliament and of the Council shall develop drafimplementing powers are conferred to the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission according to paragraph 4. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 84 #
Proposal for a directive – amending act
Article 5 – point 1
Article 5 – point 1
Directive 2003/71/EC
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a of Regulation .../.... [ESMA]."
Amendment 89 #
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
"3. In order to ensure uniform application of this Article and to take account of technical developments on financial markets, the European Securities and Markets Authority shall develop draftCommission shall be empowered, for a period of five years, to adopt by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application of the obligation to provide a supplement to the prospectus in case of a significant new factor, material mistake or inaccuracy relating to the information included in the prospectus. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 90 #
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 1 a (new)
Article 16 – paragraph 3 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 91 #
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 1 b (new)
Article 16 – paragraph 3 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 92 #
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 93 #
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of this Directive and to take account of technical developments on financial markets, the European Securities and Markets Authority may develop draft technical standards to determine the condiCommission shall be empowered, for a period of five years, to adopt technical standards, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicatthe European Union, relating to the procedures for the notification of the certificate of approval, the copy of the prospectus, the translation of the summary and any supplement to the prospectus.
Amendment 94 #
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 1 a (new)
Article 18 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 95 #
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 1 b (new)
Article 18 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 96 #
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 98 #
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets, the European Securities and Markets Authority may develop draft technical standardsCommission shall be empowered to adopt technical standards, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, to specify the conditions of cooperation and exchange of information between competent authorities, including the development of standard forms or templates for such cooperation and exchange of information.
Amendment 99 #
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 1 a (new)
Article 22 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 100 #
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 1 b (new)
Article 22 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 101 #
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 112 #
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
4. In order to ensure uniThe Commission shall be empowered, form application of this Article and of Articles 7, 9(2)-(4), 10(1)-(2), and 12, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the requirements and procedures for such authorisation as laid down in this Article and in Articles 7, 9(2)-(4), 10(1)-(2) and 12.
Amendment 113 #
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 114 #
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 1 b (new)
Article 7 – paragraph 4 – subparagraph 1 b (new)
The delegation shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation of powers referred to in the first subparagraph.
Amendment 115 #
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 116 #
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
8. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the condifive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicationthe European Union, technical standards relating to the list of information required for the assessment of an acquisition as referred to in paragraph 1 and the modalities of the consultation process between the relevant competent authorities as referred to in Article 10 (4). The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 117 #
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 1 a (new)
Article 10a – paragraph 8 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 118 #
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 1 b (new)
Article 10a – paragraph 8 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 119 #
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA].".
Amendment 143 #
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 1
Article 31 – paragraph 7 – subparagraph 1
"7. In order to ensure uniform application of this Article and establish a uniform notification procedure, the European Securities and Markets Authority may develop draft technical standards to determine the condistablish a uniform notification procedure, the Commission shall be empowered to adopt technical standards, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicatthe European Union, regarding the obligation to notify information according to paragraphs 2 and 4 and the process of transmitting this information according to paragraphs 3 and 6, including the development of standard forms and templates.
Amendment 144 #
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 1 a (new)
Article 31 – paragraph 7 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 145 #
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 1 b (new)
Article 31 – paragraph 7 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 146 #
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 2
Article 31 – paragraph 7 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 147 #
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 1
Article 32 – paragraph 10 – subparagraph 1
"10. In order to ensure uniform application of this Article and establish a uniform notification procedure, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of applicationstablish a uniform notification procedure, the Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards regarding the obligation to notify information according to paragraphs 2 and 4 and the process of transmitting this information according to paragraph 3, including the development of standard forms and templates.
Amendment 148 #
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 1 a (new)
Article 32 – paragraph 10 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 149 #
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 1 b (new)
Article 32 – paragraph 10 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 150 #
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 2
Article 32 – paragraph 10 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 159 #
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 1
Article 56 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of paragraphs 1 and 2, the European Securities and Markets Authority may develop draft technical standards to determine the condiThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicationthe European Union, technical standards relating to the obligation for competent authorities to cooperate according to paragraph 1 and to the content of the cooperation agreements according to paragraph 2, including the development of standard forms and templates.
Amendment 161 #
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 1 a (new)
Article 56 – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 162 #
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 1 b (new)
Article 56 – paragraph 6 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 163 #
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 2
Article 56 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 165 #
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
"2. In order to ensure uniform application of paragraph 1, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application ofThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the obligation for competent authorities to cooperate in supervisory activities, on-the- spot- verifications, and investigations.
Amendment 166 #
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 1 a (new)
Article 57 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 167 #
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 1 b (new)
Article 57 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 168 #
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 2
Article 57 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 169 #
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 1
Article 58 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of paragraphs 1 and 2, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application ofThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the obligation to exchange information, including the development of standard forms or templates.
Amendment 170 #
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 1 a (new)
Article 58 – paragraph 4 – subparagraph 1 a (new)
The Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 171 #
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 1 b (new)
Article 58 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 172 #
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 2
Article 58 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 173 #
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 1
Article 60 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application ofThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the obligation to consult other competent authorities prior to granting an authorisation, including the development of standard forms or templates.
Amendment 174 #
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 1 a (new)
Article 60 – paragraph 4 – subparagraph 1 a (new)
The Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 175 #
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 1 b (new)
Article 60 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 176 #
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 2
Article 60 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 195 #
Proposal for a directive – amending act
Article 7 – point 1 - point b
Article 7 – point 1 - point b
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 1
Article 12 – paragraph 9 – subparagraph 1
9. In order to ensure the uniform application of paragraph 1 of this Article and to take account of technical developments in financial markets, the European Securities and Markets Authority established by Regulation…/…of the European Parliament and of the Council shall develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to establish a harmonised standard form to be used when notifying the required information to the issuer under paragraph 1 of this Article or when filing information under Article 19(3).
Amendment 196 #
Proposal for a directive – amending act
Article 7 – point 1 - point b
Article 7 – point 1 - point b
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 1 a (new)
Article 12 – paragraph 9 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 197 #
Proposal for a directive – amending act
Article 7 – point 1 - point b
Article 7 – point 1 - point b
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 1 b (new)
Article 12 – paragraph 9 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 198 #
Proposal for a directive – amending act
Article 7 – point 1
Article 7 – point 1
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 2
Article 12 – paragraph 9 – subparagraph 2
Amendment 199 #
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
3. In order to ensure the uniform application of paragraph 1 and to take account of technical developments on financial markets, the European Securities and Markets Authority shall develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to establish a harmonised standard form relating to wthen notifyingication of the required information to the issuer under paragraph 1 or wthen filing of information under Article 19(3).
Amendment 200 #
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 201 #
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 1 b (new)
Article 13 – paragraph 3 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 202 #
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Amendment 221 #
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 1
Article 31 – paragraph 4 – subparagraph 1
4. In order to ensure the uniform application of this Article and to take account of technical developments in the fight against money laundering or terrorist financing, the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority may develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards in accordance with Articles 42 of Regulation …/…, Regulation …/… and Regulation …/… of the European Parliament and of the Council to determine the type of additional measures referred to in Article 31(3) and the minimum action to be taken by credit and financial institutions where the legislation of the third country does not permit application of the measures required under the first subparagraph of paragraph 1.
Amendment 222 #
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 1 a (new)
Article 31 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 223 #
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 1 b (new)
Article 31 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 224 #
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 2
Article 31 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 of Regulation .../.... [EBA], …/…, Regulation …/… [ESMA] and …/…, Regulation …/….[ EIOPA]';
Amendment 225 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 1
Article 34 – paragraph 4 – subparagraph 1
4. In order to ensure the uniform application of this Article and to take account of technical developments in the fight against money laundering or terrorist financing, the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority may develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards in accordance with Articles 42 of Regulation …/…, Regulation …/… and Regulation …/… of the European Parliament and of the Council to determine the conditions of application relating to the minimum content of the communication referred to in paragraph 2.
Amendment 226 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 1 a (new)
Article 34 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 227 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 1 b (new)
Article 34 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 228 #
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 2
Article 34 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 of Regulation .../.... [EBA] ], …/…, Regulation …/… [ESMA] and …/…, Regulation …/….[ EIOPA].';
Amendment 242 #
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 – paragraph 2- subparagraph 1
Article 6 – paragraph 2- subparagraph 1
"In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Banking Authority established by Regulation …/… of the European Parliament and of the Council may develop draft technical standards to determine the conditions of application offive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the requirements and procedures for suchthe authorisation as laid down in Articles 7, 8, 10, 11 and 12, with the exception of the conditions established in the second sentence of Article 11(1).
Amendment 243 #
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 244 #
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 –paragraph 2 – subparagraph 1 b (new)
Article 6 –paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 245 #
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 246 #
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 1
Article 19 – paragraph 9 – subparagraph 1
"9. In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards regarding the list of information required for the assessment of an acquisition as referred to in paragraph 1 and on the consultation process between the relevant competent authorities as referred to in Article 19b(1). The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 247 #
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 1 a (new)
Article 19 – paragraph 9 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 248 #
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 1 b (new)
Article 19 – paragraph 9 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 249 #
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 2
Article 19 – paragraph 9 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].".;
Amendment 250 #
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
"5. In order to ensure uniform application of Article 25 and this Article, and establish a uniform notification procedure by electronic means, the European Banking Authority shall develop draft technical standards to determine the conditions of application ofCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the information referred to in Article 25 and in this Article and the process for transmitting this information. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 251 #
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 1 a (new)
Article 26 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 252 #
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 1 b (new)
Article 26 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 253 #
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 254 #
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
"4. In order to ensure uniform application of this Article and establish a uniform notification procedure by electronic means, the European Banking Authority shall develop draft technical standards to determine the condiCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of application ofthe European Union, technical standards relating to the information referred to in this Article and the process for transmitting this information. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 255 #
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 1 a (new)
Article 28 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 256 #
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 1 b (new)
Article 28 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 257 #
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 258 #
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 1
Article 42 – paragraph 2 – subparagraph 1
"In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determinerelating to the procedures, methods and conditions of application of the information sharing requirements for the information which is likely to facilitate the monitoring of credit institutions. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 259 #
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 1 a (new)
Article 42 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 260 #
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 1 b (new)
Article 42 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 261 #
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 2
Article 42 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 263 #
Proposal for a directive – amending act
Article 9 – point 13 – point b
Article 9 – point 13 – point b
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 1
Article 63a – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of paragraph 1 of this Article and the convergence of supervisory practices, the European Banking Authority shall develop draft technical standards to determine the condithe convergence of supervisory practices, the Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of application ofthe European Union, technical standards relating to the provisions governing the instruments referred to in paragraph 1 of this Article The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 264 #
Proposal for a directive – amending act
Article 9 – point 13 – point b
Article 9 – point 13 – point b
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 1 a (new)
Article 63a – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 265 #
Proposal for a directive – amending act
Article 9 – point 13 – point b
Article 9 – point 13 – point b
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 1 b (new)
Article 63a – paragraph 6 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 266 #
Proposal for a directive – amending act
Article 9 – point 13
Article 9 – point 13
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 2
Article 63a – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].
Amendment 267 #
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1
"For the communication of these calculations by credit institutions, competent authorities shall apply, from 31 December 2012, uniform formats, frequencies, language and dates of reporting. In order to ensure uniThe Commission shall be empowered, form application of the directive, the European Banking Authority shall develop draft period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to introduce, within the CommunityEuropean Union, uniform formats, frequencies, languages and dates of reporting before 1 January 2012. The reporting formats shall be proportionate to the nature, scale and complexity of the credit institutions' activities.
Amendment 268 #
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 269 #
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 b (new)
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 270 #
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 2
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".
Amendment 271 #
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 2
Article 81 – paragraph 2 – subparagraph 2
"In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Banking Authority, in consultation with the European Securities and Market Authority, shall develop draft technical standards to determine the conditions of application of the assessment methodology relating to credit assessments. The Authority shall submit those draft technical standards to the Commission by 1 January 2014five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning the assessment methodology relating to credit assessments.
Amendment 272 #
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 2 a (new)
Article 81 – paragraph 2 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 273 #
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 2 b (new)
Article 81 – paragraph 2 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 274 #
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 3
Article 81 – paragraph 2 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 275 #
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 3
Article 84 – paragraph 2 – subparagraph 3
"In order to ensure uniThe Commission shall be empowered, form applicat periond of this paragraph, the European Banking Authority may develop draftfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determinerelating to the practical and procedural application of the conditions under which competent authorities permit credit institutions to use the IRB Approach.
Amendment 276 #
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 3 a (new)
Article 84 – paragraph 2 – subparagraph 3 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 277 #
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 3 b (new)
Article 84 – paragraph 2 – subparagraph 3 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 278 #
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 4
Article 84 – paragraph 2 – subparagraph 4
The Commission may adopt the draft technical standards referred to in the third subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 279 #
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 2
Article 97 – paragraph 2 – subparagraph 2
"In order to ensure uniform application of this Article,The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, after consulting the European Banking Authority, in consultation with and the European Securities and Market Authority, shall develop draft technical standards to determine the conditions of application oftechnical standards relating to the assessment methodology relating tofor credit assessments. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 280 #
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 2 a (new)
Article 97 – paragraph 2 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to the first subparagraph.
Amendment 281 #
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 2 b (new)
Article 97 – paragraph 2 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 282 #
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 3
Article 97 – paragraph 2 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 283 #
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 2
Article 105 – paragraph 1 – subparagraph 2
"In order to ensure uniform application of this Article, the European Banking Authority may develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determinerelating to the practical and procedural application of the conditions under which competent authorities permit credit institutions to use the Advanced Measurement Approaches.
Amendment 284 #
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 2 a (new)
Article 105 – paragraph 1 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 285 #
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 2 b (new)
Article 105 – paragraph 1 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 286 #
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 3
Article 105 – paragraph 1 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 287 #
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 2
Article 106 – paragraph 2 – subparagraph 2
"In order to ensure uniform application of this Paragraph, the European Banking Authority shall develop draft technical standards in order to determine the conditions of application of the exemptions in point (c) and (d). The Authority shall submit those draft technical standards to the Commission by 1 January 2014The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the exemptions in point (c) and (d).
Amendment 288 #
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 2 a (new)
Article 106 – paragraph 2 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 289 #
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 2 b (new)
Article 106 – paragraph 2 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 290 #
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 3
Article 106 – paragraph 2 – subparagraph 3
The Commission may adopt those draft technical standards in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 291 #
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 1
Article 110 – paragraph 2 – subparagraph 1
"2. Member States shall provide that reporting shall be carried out at least twice a year. The competent authorities shall apply, from 31 December 2012, uniform formats, frequencies, language and dates of reporting. In order to ensure uniform application of the directive, the European Banking Authority shall develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to introduce, within the CommunityEuropean Union, uniform formats, frequencies, language and dates of reporting before 1 January 2012. The reporting formats shall be proportionate to the nature, scale and complexity of the credit institutions' activities.
Amendment 292 #
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 1 a (new)
Article 110 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 293 #
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 1 b (new)
Article 110 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 294 #
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 2
Article 110 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 295 #
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 2
Article 122a – paragraph 10 – subparagraph 2
Amendment 296 #
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 2 a (new)
Article 122a – paragraph 10 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 297 #
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 2 b (new)
Article 122a – paragraph 10 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 298 #
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 3
Article 122a – paragraph 10 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 299 #
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 1
Article 124 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of this Article, the European Banking Authority shall develop draft technical standards to determine the conditions of application of this Article and a common risk assessment procedure. The Authority shall submit those draft technical standards to the Commission by 1 January 2014The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine a common risk assessment procedure.
Amendment 300 #
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 1 a (new)
Article 124 – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 301 #
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 1 b (new)
Article 124 – paragraph 6 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 302 #
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 2
Article 124 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 305 #
Proposal for a directive – amending act
Article 9 – point 24 – point e
Article 9 – point 24 – point e
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1
"In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application of the joint decision process referred to in this paragraph, with regard to the application of Articles 123, 124 and 132(2) and with a view to facilitating joint decisions. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 306 #
Proposal for a directive – amending act
Article 9 – point 24 – point e
Article 9 – point 24 – point e
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 a (new)
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 307 #
Proposal for a directive – amending act
Article 9 – point 24
Article 9 – point 24
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 b (new)
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 308 #
Proposal for a directive – amending act
Article 9 – point 24
Article 9 – point 24
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 2
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 2
The Commission may adopt those draft technical standards referred to in the tenth subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]";
Amendment 309 #
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1
"In order to ensure uniform application of this Article and Article 42a(3), the European Banking Authority shall develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards for the operational functioning of colleges, including in relation to Article 42a(3). The Authority shall submit those draft technical standards to the Commission by 1 January 2014this Article and Article 42a(3).
Amendment 310 #
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 311 #
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1b (new)
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 312 #
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 2
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 2
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 313 #
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 1
Article 144 – paragraph 3 – subparagraph 1
"In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the key aspects on which aggregate statistical data are to be disclosed and the format, structure, contents list and annual publication date of the disclosures provided for in this Article. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 314 #
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 1 a (new)
Article 144 – paragraph 3 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 315 #
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 1 b (new)
Article 144 – paragraph 3 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 316 #
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 2
Article 144 – paragraph 3 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the third paragraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 320 #
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 1 – introductory wording
Article 150 – paragraph 3 – subparagraph 1 – introductory wording
"3. The European Banking Authority shall develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine:
Amendment 321 #
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 2
Article 150 – paragraph 3 – subparagraph 2
Amendment 322 #
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 2 a (new)
Article 150 – paragraph 3 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 323 #
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 2 b (new)
Article 150 – paragraph 3 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 324 #
Proposal for a directive – amending act
Article 9 – point 30
Article 9 – point 30
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 3
Article 150 – paragraph 3 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 334 #
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
"5. In order to ensure uniThe Commission shall be empowered, form applicat periond of paragraph 1, the European Banking Authority established by Regulation…/…of the European Parliament and of the Council may develop draft technical standards for endorsement by the Commissionfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the practical and procedural application of the conditions under which competent authorities permit credit institutions to use internal models for the purposes of calculating capital requirements under this Directive.
Amendment 335 #
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 1 a (new)
Article 18 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 336 #
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 1 b (new)
Article 18 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 337 #
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".
Amendment 344 #
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 1
Article 5 – paragraph 8 – subparagraph 1
"8. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority established by Regulation…/…of the European Parliament andfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty ofn the CoFuncil may develop draft technical standards to determine the conditions of applicationtioning of the European Union, technical standards relating to the information to be provided to the competent authorities in the application for authorisation of a UCITS.
Amendment 345 #
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 1 a (new)
Article 5 – paragraph 8 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 346 #
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 1 b (new)
Article 5 – paragraph 8 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 347 #
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 2
Article 5 – paragraph 8 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 348 #
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 1
Article 7 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to further determine the conditions of application of the requirements for the authorisation of the management company, with the exception of the conditions established in paragraph 1(b) of this Article.
Amendment 349 #
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 1 a (new)
Article 7 – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 350 #
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 1 b (new)
Article 7 – paragraph 6 – subparagraph 1 b (new)
Amendment 351 #
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 355 #
Proposal for a directive – amending act
Article 11 – point 3
Article 11 – point 3
Directive 2009/65/EC
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
"4. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the procedures, arrangements, structures and organisational requirements referred to in paragraph 3 of this Article.
Amendment 357 #
Proposal for a directive – amending act
Article 11 – point 3
Article 11 – point 3
Directive 2009/65/EC
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 362 #
Proposal for a directive – amending act
Article 11 – point 4
Article 11 – point 4
Directive 2009/65/EC
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
"3. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the criteria, principles and steps referred to in points (a), (b), and (c) of the first subparagraph of this Article.
Amendment 364 #
Proposal for a directive – amending act
Article 11 – point 4
Article 11 – point 4
Directive 2009/65/EC
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 369 #
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 1
Article 29 – paragraph 5 – subparagraph 1
"5. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draftfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application of the conditions for the authorisation of the self- managed investment company, with the exception of the conditions established in paragraph 1(b) of this Article.
Amendment 370 #
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 1 a (new)
Article 29 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 371 #
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 1 b (new)
Article 29 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 372 #
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 2
Article 29 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 379 #
Proposal for a directive – amending act
Article 11 – point 7
Article 11 – point 7
Directive 2009/65/EC
Article 43 – paragraph 6 – subparagraph 1
Article 43 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the content, format and method by which the information referred to in paragraphs 1 and 3 of this Article should be provided.
Amendment 381 #
Proposal for a directive – amending act
Article 11 – point 7
Article 11 – point 7
Directive 2009/65/EC
Article 43 – paragraph 6 – subparagraph 2
Article 43 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 383 #
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 1
Article 50 – paragraph 4 – subparagraph 1
"4. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the provisionfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning the categories of assets in which UCITS can invest in accordance to this Article.
Amendment 384 #
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 1 a (new)
Article 50 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 385 #
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 1 b (new)
Article 50 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 386 #
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 2
Article 50 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 388 #
Proposal for a directive – amending act
Article 11 – point 9
Article 11 – point 9
Directive 2009/65/EC
Article 51 – paragraph 5 – subparagraph 1
Article 51 – paragraph 5 – subparagraph 1
"5. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the criteria and rules referred to in points (a), (b) and (c) of paragraph 4.
Amendment 389 #
Proposal for a directive – amending act
Article 11 – point 9
Article 11 – point 9
Directive 2009/65/EC
Article 51 – paragraph 5 – subparagraph 2
Article 51 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA].."
Amendment 394 #
Proposal for a directive – amending act
Article 11 – point 10
Article 11 – point 10
Directive 2009/65/EC
Article 60 – paragraph 7 – subparagraph 1
Article 60 – paragraph 7 – subparagraph 1
"7. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the agreement, measures and procedures referred to in points (a), (b) and (c) of paragraph 6.
Amendment 395 #
Proposal for a directive – amending act
Article 11 – point 10
Article 11 – point 10
Directive 2009/65/EC
Article 60 – paragraph 7 – subparagraph 2
Article 60 – paragraph 7 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 397 #
Proposal for a directive – amending act
Article 11 – point 11
Article 11 – point 11
Directive 2009/65/EC
Article 61 – paragraph 4 – subparagraph 1
Article 61 – paragraph 4 – subparagraph 1
"4. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the agreement and types of irregularities referred to in points (a) and (b) of paragraph 3.
Amendment 398 #
Proposal for a directive – amending act
Article 11 – point 11
Article 11 – point 11
Directive 2009/65/EC
Article 61 – paragraph 4 – subparagraph 2
Article 61 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 402 #
Proposal for a directive – amending act
Article 11 – point 12
Article 11 – point 12
Directive 2009/65/EC
Article 64 – paragraph 5 – subparagraph 1
Article 64 – paragraph 5 – subparagraph 1
"5. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred to the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the information and procedure referred to in points (a) and (b) of paragraph 4.
Amendment 403 #
Proposal for a directive – amending act
Article 11 – point 12
Article 11 – point 12
Directive 2009/65/EC
Article 64 – paragraph 5 – subparagraph 2
Article 64 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 406 #
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 1
Article 69 – paragraph 5 – subparagraph 1
"5. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the provisionfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning the content of the prospectus, the annual report and the half-yearly report as laid down in Annex I, and the format of these documents.
Amendment 407 #
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 1 a (new)
Article 69 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 408 #
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 1 b (new)
Article 69 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 409 #
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 2
Article 69 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 411 #
Proposal for a directive – amending act
Article 11 – point 14
Article 11 – point 14
Directive 2009/65/EC
Article 78 – paragraph 8 – subparagraph 1
Article 78 – paragraph 8 – subparagraph 1
"8. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards for endorsement by the Commission to determine the conditions of application of the implementing measures adopted by the Commission regarding the information referred to in paragraph 3.
Amendment 412 #
Proposal for a directive – amending act
Article 11 – point 14
Article 11 – point 14
Directive 2009/65/EC
Article 78 – paragraph 8 – subparagraph 2
Article 78 – paragraph 8 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 416 #
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 1
Article 84 – paragraph 4 – subparagraph 1
"4. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application offive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the conditions applying to the temporary suspension of the re-purchase or redemption of the units of the UCITS as referred to in point (a) of paragraph 2, once the suspension has been decided.
Amendment 417 #
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 1 a (new)
Article 84 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 418 #
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 1 b (new)
Article 84 – paragraph 4 – subparagraph 1 b (new)
The delegation shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 419 #
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 2
Article 84 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 420 #
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 1 – introductory part
Article 95 – paragraph 2 – subparagraph 1 – introductory part
"2. In order to ensure uniThe Commission shall be empowered, form applicat periond of Article 93, the European Securities and Markets Authority may develop draftfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application with regard to:
Amendment 421 #
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 1 a (new)
Article 95 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 422 #
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 1 b (new)
Article 95 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 423 #
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 2
Article 95 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 426 #
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 1
Article 101 – paragraph 9 – subparagraph 1
9. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of applicationfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards with regard to the conduct of on-the-spot verifications and investigations as referred to in paragraphs 4 and 5.
Amendment 427 #
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 1 a (new)
Article 101 – paragraph 9 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 428 #
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 1 b (new)
Article 101 – paragraph 9 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 429 #
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 2
Article 101 – paragraph 9 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 430 #
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 1
Article 105 – subparagraph 1
Amendment 431 #
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 1 a (new)
Article 105 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 432 #
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 1 b (new)
Article 105 – subparagraph 1 b (new)
Amendment 433 #
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 2
Article 105 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."