13 Amendments of Anne SANDER related to 2018/0180(COD)
Amendment 49 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, to maintain the proper functioning of the internal market, to further improve the conditions of its functioning, and to ensure a high level of consumer and investor protection, it is appropriate to adapt Regulation (EU) 2016/1011 to lay down a regulatory framework for harmonisedseries of minimum requirements applicable to low- carbon benchmarks at Union level.
Amendment 84 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to enhance transparency and ensure an adequate level of harmonization, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify further the minimum content of the disclosure obligations that benchmark administrators that take into account the ESG objectives should be subject to, and to specify the minimum standards for harmonization of the methodology of low- carbon and positive carbon impact benchmarks, including the method for the calculation of carbon emissions and carbon savings associated with the underlying assets, taking into account the Product and Organisation Environmental Footprint methods as defined in points (a) and (b) of point 2 of Commission Recommendation 2013/179/EU31. It is of particular importance that the Commission carry out appropriate open and public consultations during its preparatory work on each of the delegated acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 31 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 92 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1011
Article 3 – paragraph 1 – point 23 a (new)
Article 3 – paragraph 1 – point 23 a (new)
(23a) ‘low-carbon benchmark’ means a benchmark where the underlying assets, for the purposes of point 1(b)(ii) of this paragraph, are selected so that the resulting benchmark portfolio has lessfewer carbon emissions when compared to the assets that comprise a standard capital-weighted benchmarkbenchmarks using the same methodology, but not taking carbon emissions into account and which is constructed in accordance with the minimum standards laid down in the delegated acts referred to in Article 19a(2) or with the benchmarks marketed as such;
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1011
Article 3 – paragraph 1 – point 23 b (new)
Article 3 – paragraph 1 – point 23 b (new)
(23b) ‘positive carbon impact benchmark’ means a benchmark where the underlying assets, for the purposes of point 1(b)(ii) of this paragraph, are selected on the basis that their carbon emissions savings exceed the asset’s carbon footprint and which is constructed in accordance with the minimum standards laid down in the delegated acts referred to in Article 19a(2).
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2016/1011
Article 3 – paragraph 1 – point 23 b (new)
Article 3 – paragraph 1 – point 23 b (new)
23b. When developing the benchmarks referred to in points 23a and 23b, benchmark administrators must have the necessary flexibility to design the formula for the calculation of their methodology in order to take account of the rapid development of sustainability parameters and of the technologies used to measure those parameters.
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/1011
Title III – Chapter 3 a (new) – Article 19 a – paragraph 2 – introductory part
Title III – Chapter 3 a (new) – Article 19 a – paragraph 2 – introductory part
(2) The Commission shall be empowered to adopt delegated acts in accordance with Article 49 to specify further the minimum standards for low- carbon and positive carbon impact benchmarks, including. This must be compatible with the rapid development of sustainability parameters and with extensive flexibility for benchmark administrators as regards designing the formula for the calculation of their methodology. The minimum standards must include:
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2016/1011
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. For eachthe requirements laid down in paragraph 2(b), (c) and (g), a benchmark statement shall contain an explanation of how environmental, social and governance factors are reflected for each benchmark or family of benchmarks provided and published which pursue or take into account ESG objectives.
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2016/1011
Article 51 – paragraphs 1 to 5
Article 51 – paragraphs 1 to 5
4a. Article 51, is amended as follows: "(a) in paragraph 1, the date ‘1 January 2020’ is replaced by ‘1 January 2022’; (b) in paragraph 2, the date ‘1 January 2020’ is replaced by ‘1 January 2022’; (c) in paragraph 3, the date ‘1 January 2020’ is replaced by ‘1 January 2022’; (d) in paragraph 4, the date ‘1 January 2020’ is replaced by ‘1 January 2022’; (e) in paragraph 5, the date ‘1 January 2020’ is replaced by ‘1 January2022’;
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EU) 2016/1011
Article 59 – paragraph 1
Article 59 – paragraph 1
This Regulation shall enter into force 12 mon the day following that of itss after the publication inof the Official Journal of the European Uniodelegated acts provided for herein.
Amendment 219 #
Proposal for a regulation
Annex I – point 1 – point h – point i
Annex I – point 1 – point h – point i
Regulation (EU) 2016/1011
Annex I – point 1 – point h – point i
Annex I – point 1 – point h – point i
(i) emissions generated from sources that are controlled by the companyissuing company or specific to the underlying assets;
Amendment 226 #
Proposal for a regulation
Annex I – point 1 – point h – point iii
Annex I – point 1 – point h – point iii
(iii) if applicable and where data are available, emissions that are a consequence of the operations of a company but that are not directly controlled by the company;
Amendment 230 #
Proposal for a regulation
Annex I – point 1 – point h – point iv
Annex I – point 1 – point h – point iv
Regulation (EU) 2016/1011
Annex I – point 1 – point h – point iv
Annex I – point 1 – point h – point iv
(iv) if applicable and where data are available, emissions which would continue to exist if the company’s products or services would be replaced by more carbon emitting substitutes (‘emission savings’);
Amendment 235 #
Proposal for a regulation
Annex I – point 1 – point h – point v a (new)
Annex I – point 1 – point h – point v a (new)
(va) the assumed emissions of the company;