945 Amendments of Corien WORTMANN-KOOL
Amendment 432 #
2013/2277(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes that the first signs of recovery are showing in certain programme countries, however notes that the high unemployment rates remain unacceptable and underlines that continued and ambitious efforts are still needed;
Amendment 484 #
2013/2277(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deplores however the sometimes over- optimistic assumptions made by the Troika, especially as far as growth is concerned, but also the insufficient recognition of political rcaused by the hesistance to change iny with which some Mmember Sstates; deplores the fact that this also affected the Troika’s analysis of the interplay between fiscal consolidation and growth; notes that as a result fiscal targets could not be fulfilled; implemented structural budgetary and economic reforms. Notes that the analysis of the interplay between fiscal consolidation and growth was based on creating stable recovery and sustainable growth and in the long term;
Amendment 552 #
2013/2277(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that too little attention has been given to alleviatingdespite the negative impact of adjustment strategies in the programme countries the measures were necessary to achieve long term economic recovery;
Amendment 679 #
2013/2277(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points to the generally weak democratic accountability of the Troika in programme countries at national level; notes however that this democratic accountability varies between countries, strongly dependings on the willownership of national executives;parliaments.
Amendment 780 #
2013/2277(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Stresses that the ESM should evolve towards Community-method management as provided for in the ESM Treaty and demands that the ESM be made accountable to the European Parliament including with respect to decisions to grant financial assistance, in order to exert democratic accountability over the ESM;.
Amendment 789 #
2013/2277(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 823 #
2013/2277(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Demands that the Troika take stock of the current debate on fiscal multipliers and consider the revision of MoUs on the basis of the latest empirical results;
Amendment 863 #
2013/2277(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for a reassessment of the decision-making process of the Eurogroup, amending MoUs with the Member States receiving EU-IMF financial assistance to include appropriate democratic accountability at both national and European levels; calls for European guidelines to be established in order to ensure appropriate democratic control on the implementation of measures at national level;
Amendment 223 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 7 a (new)
Annex – paragraph 2 – indent 7 a (new)
– enhance the ESAs' powers to collect the relevant information and data necessary to perform their supervisory tasks directly from competent authorities and financial institutions under supervision, while preventing double reporting;
Amendment 265 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 12 a (new)
Annex – paragraph 2 – indent 12 a (new)
– establish an appropriate mechanism for, where deemed necessary, an assessment of supervisory practices in the Member States in dialogue with the competent authorities by means of onsite visits and, where appropriate, followed up by recommendations for improvements;
Amendment 103 #
2013/2047(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to assess whether any asset managers should be designated as systemically important due to, taking into account a comprehensive set of indicators such as their size or, business model and would therefore require a recovery plan, risk profile, creditworthiness, whether or not they trade on own account, are subject to requirements regarding the segregation of the assets of their clients and other relevant factors;
Amendment 7 #
2013/2021(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission estimates that the financial crisis cost EU governmentshas supervised Member States' massive bank bailouts under the EU's state aid rules and has authorised around EUR 1.6 trillion (13 % of EU GDP) in used state aid through bailouts of the fin; whereas the Commission required substanctial sector4 ; __________________ 4 Some Member States, such as the UK, used up to two thirds of restructuring of banks receiving aid, including cutting certain activities, to ensure their future viability without furtheir GDP on account of the size of their financial sectors.public support and to offset distortions of competition caused by the subsidies received;
Amendment 20 #
2013/2021(INI)
Motion for a resolution
Recital C
Recital C
C. whereas excessive risk-taking, excessive leverage, inadequate capital and liquidity requirements and, the excessive complexity of the overall banking system were at the root of the financial crisisand the strong interconnection between banks and sovereigns acted as a catalyst for the financial and economic crisis in the European Union;
Amendment 37 #
2013/2021(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the current post-crisis weakness inof the structure of EU banksEuropean banking system demonstrates the need for reinformcing the architecture of European financial supervision and crisis management, including structural reforms for certain banks in order to serve the wider needs of the economy;
Amendment 59 #
2013/2021(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the HLEG concludes that the financial crisis has demonstrated the problem of cross- contamination between banks' retail and investment activitieat no particular business model fared particularly well, or particularly poorly in the European banking sector; whereas the HLEG analysis revealed excessive risk- taking, often in trading highly complex instruments or real estate related lending not matched with adequate capital protection, excessive reliance on short term funding and strong linkages between financial institutions causing a high level of systemic risk in the run up to the financial crisis;
Amendment 69 #
2013/2021(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the HLEG underlines that simple labels, such as retail bank or investment bank, do not adequately describe the business model of a bank and its performance and riskiness; whereas business models are diverse along different key dimensions, such as size, activities, income model, capital and funding structure, ownership, corporate structure, and geographic scope, and have evolved substantially over time;
Amendment 74 #
2013/2021(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission proposal should provide for a strong, stable and resilient banking sector for the internal market while respecting the diversity ofin the Member States' banking sectorsEuropean banking sector; whereas maintaining and deepening the internal market for banking services is essential in order to foster economic growth in the Union and provide for adequate funding of the real economy;
Amendment 81 #
2013/2021(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the Commission proposal should provide for a principles based approach to structural reforms of the European banking sector consistent with, and complementary to, already existing and forthcoming Union legislation for financial services; whereas EBA should play a key role by developing relevant technical standards to ensure consistent application and enforcement by the competent authorities, including the ECB, across the Union;
Amendment 120 #
2013/2021(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that while currentexisting and forthcoming proposals for reforms of EU banking sector rules (including the Capital Requirements Directive and Regulation, the Recovery and Resolution Directive, the Single Supervisory Mechanism, the Deposit Guarantee Schemes Directive and shadow banking initiatives, as well as the European Market Infrastructure Regulation and the Markets in Financial Instruments Directive and Regulation) are vital, a morend contribute to a fundamental reform of the banking structure is essentialEuropean banking sector; underlines that additional proposals for structural reform of the banking sector must be consistent with, and complementary to, the other proposals;
Amendment 134 #
2013/2021(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission to come forward with a proposal for a principles based approach to structural reforms of the European banking sector that is consistent with, and complementary to, already existing and forthcoming Union legislation for financial services; takes the view that EBA should play a key role by developing relevant technical standards to ensure consistent application and enforcement by the competent authorities, including the ECB, across the Union;
Amendment 151 #
2013/2021(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that the Commission's impact assessment includes a thoroughcomprehensive assessment of the cost to boimpact of the public finances and financial stabilitotential structural reforms on funding costs, as well as possible unintended consequences namely ofn the failure of an EU- based bank during the current crisisprovision of credit to the real economy, together with information on the nature of the EU's current universal banking model, including the size and balance sheets of the retail, client-related services and investment activities of all universal banks operating in the EU, broken down by individual bank and country;
Amendment 222 #
2013/2021(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to come forward with a proposal for mandatory separation of banks' retail and investment activities; a principles based approach to structural reforms of the European banking sector, including mandatory separation of certain significant activities in the trading book of financial institutions that are not associated to the provision of client- related services, as well as separation of certain activities conditional on the assessment of the recovery and resolution plans;
Amendment 246 #
2013/2021(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to come forward with a proposal for such mandatory separation through the establishment of a thorough, transparent and credible ‘ring fence’ around bank activities that are vital for the real economy, such as those relating to credit functions, payment systems and depositof certain significant activities in the trading book of financial institutions that are not associated to the provision of client-related services; takes the view that in the event of a bank failure, the ring fenceseparation must ensure that the retail entity continues businesentity providing retail and other client-related activities that are vital for the real economy remains unaffected by operational problems, financial losses, funding shortages or reputational damage resulting from the resolution or insolvency of the investmentseparated entity;
Amendment 271 #
2013/2021(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission to ensure that trading activities that are not related to the provision of client-related services do not benefit from implicit guarantees, the use of insured deposits or taxpayer bailouts and that these activities do not pose a risk to the delivery of ring-fenced retailetail and other client-related services;
Amendment 357 #
2013/2021(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the necessity of assessing the systemic risk presented by both the retail and investmentseparated entities, as well as by the group as a whole, with a view to the application of appropriate capital buffers and liquidity requirements for each entity;
Amendment 359 #
2013/2021(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the EBA and the Commission to ensure that the retail entity has sufficient capital and liquid assets to enable it, in the event of the bank's failure, to maintain depositors' access to funds, to protect the essential services of the ring-fenced arm from the risk of disorderly failure and to prioritise paying out depositors in a timely fashionMember States have in place a clear and credible crisis management framework, based on the Recovery and Resolution Directive and the Deposit Insurance Directive to safeguard retail depositors in the event of bank failure;
Amendment 376 #
2013/2021(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges EBA and the Commission to ensure that adequate differentiation exists in terms of capital, leverage and liquidity requirements between the investment and retailseparated entities, with an emphasis on higher capital requirements for the investment entityactivities that pose the highest risks, in line with the provisions of the Capital Requirements Directive and Regulation and the ongoing Basel review of the trading book;
Amendment 421 #
2013/2021(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges EBA and the Commission to continue the reform ofensure correct implementation of the relevant provisions for banks's compensation and remuneration culture by prioritising long- term incentives for vpolicies from the Capital Requirements Directive; calls on EBA and the Commission to present an annual report to the European Parliable remuneration with larger deferral perment and the Council on the implementation and enforcement of the relevant provisiodns up to retirementby the Member States;
Amendment 427 #
2013/2021(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission, EBA and the competent authorities to ensure that remuneration systems prioritise the use of instruments such as bonds subject to bail- in, and shares, rather than cash, in line with the provisions of the Capital Requirements Directive;
Amendment 434 #
2013/2021(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission, EBA and the competent authorities to ensure that compensation and remuneration systems at all levels of a bank reflect its overall performance and are focused on quality customer service and long-term financial stability rather than short-term profits, in line with the provisions of the Capital Requirements Directive;
Amendment 440 #
2013/2021(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 447 #
2013/2021(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 469 #
2013/2021(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges the Member States to ensure that their national supervisors have the clear objective of promotingCommission, the competent authorities and the Member States to promote and ensure effective competition in their European banking sectors;
Amendment 485 #
2013/2021(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to bring forward the necessary structural reforms outlined in this report, which, while maintaining the integrity of the internal market, respect the diversity of national banking systems and ensure Member States' ability to reinforce them where appropriatea strong role for EBA to ensure correct application across the Union;
Amendment 9 #
2013/0303(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The reserve funds should preferably aim to enhance the multiplier effect of grants funded from the Union´s budget as well as that of financing instruments from the European Investment Bank (EIB) for measures supporting the innovation of vessels and their adaptation to technical progress as regards the environment. The Commission should present options with regard to leveraging the funds with financial instruments from existing Union funds, such as the Connecting Europe Facility, and from the EIB.
Amendment 11 #
2013/0303(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No. 718/1999
Article 8 – indent 3
Article 8 – indent 3
– improve skills in inland navigation and knowledge of logistics in order to safeguard the development and future of the profession,
Amendment 59 #
2013/0265(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to facilitate cross border acquiring all (cross-border and domestic) ‘consumer’ debit card transactions and card based payment transaction should have a maximum interchange fee of 0,20% and all (cross-border and domestic) consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0.30%.
Amendment 173 #
2013/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,20 % of the value of the transaction.
Amendment 209 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,20 % of the value of the transaction for any debit card based transactions.
Amendment 281 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 286 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 289 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 95 #
2013/0253(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to restore trust and credibility in the banking sector, the ECB will conduct a comprehensive balance sheet assessment of all banks supervised directly. For those banks in the participating Member States that are not subject to direct supervision by the ECB, the competent authorities should, in cooperation with the ECB, perform an equivalent balance sheet assessment that is proportionate to the size and business model of the bank. This would equally contribute to restore credibility and ensure that all banks will be subject to review.
Amendment 111 #
2013/0253(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A centralised application of the bank resolution rules set out in Directive [ ] by a single Union resolution authority in the participating Member States can only be ensured where the rules governing the establishment and functioning of a single resolution mechanism are directly applicable in the Member States to avoid divergent interpretations across the Member States. In order to ensure the harmonised application of the resolution tools, the Board, together with the Commission, should adopt a resolution handbook setting out clear and detailed guidance for the use of the resolution tools set out in Directive [ ]. This should bring benefits to the internal market as a whole because it will contribute to ensuring fair competition and to preventing obstacles to the free exercise of fundamental freedoms not only in the participating Member States but in the whole internal market.
Amendment 117 #
2013/0253(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Within the single resolution mechanism, decisions should be taken at the most appropriate level. The Board, and in particular the executive session of the Board, should be empowered to prepare and take all decisions concerning the resolution procedure to the fullest extent possible, while respecting the role of the Commission as established in the TFEU, in particular in Articles 114 and 107 thereof.
Amendment 121 #
2013/0253(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Supervisory Board of the ECB, as the supervisor within the SSM, is the best placed to assess whether a credit institution is failing or likely to fail and whether there is no reasonable prospect that any alternative private sector or supervisory action would prevent its failure within a reasonable timeframe. The Board, upon notification of the ECB, should provide a recommendation to the Commission. Given the need to balance the different interests at stakedraft decision to the Commission should decide whether or not to place an institution under resolution and should also decide on a clear and detailed resolution framework establishing the resolution actions to be taken by the Board. This draft decision should include a recommendation for the framework of the resolution tools and, where appropriate, the framework of the use of the Fund. Given the need to balance the different interests at stake the Commission should decide to adopt the draft decision. Within this framework, the Board should decide on a resolution scheme and instruct the national resolution authorities on the resolution tools and powers to be executed at national level. The Commission may ask the Board to revise its draft decision.
Amendment 143 #
2013/0253(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To ensure a uniform approach for institutions and groups the Board should be empowered to draw up resolution plans for such institutions and groups. The Board should assess the resolvability of institutions and groups, and take measures aimed at removing impediments to resolvability, if any. The Board should require national resolution authorities to apply such appropriate measures designed to remove impediments to resolvability in order to ensure consistency and the resolvability of the institutions concerned. Because of the institution-specific and confidential nature of the information contained in the resolution plans, decisions concerning the drawing up and assessment of the resolution plans and the application of appropriate measures should be taken by the Board in its executive session.
Amendment 154 #
2013/0253(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to minimise disruption to the financial market and to the economy, the resolution process should be accomplished in a short time. The Commission should, throughout the resolution procedure, have access to any information which it deems necessary to take an informed decision in the resolution process. Where the Commission decides to adopt the draft decision prepared by the Board to put an institution under resolution, the Board should immediately adopt a resolution scheme establishing the details of the resolution tools and powers to be applied, and the use of any financing arrangements.
Amendment 168 #
2013/0253(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission, based on a draft decision prepared by the Board, should provide the framework for the resolution action to be taken depending on the circumstances of the case and should be able to designate for use all necessary resolution tools. Within that clear and precise framework, the Board should decide on the detailed resolution scheme. The relevant resolution tools should include the sale of business tool, the bridge institution tool, the bail-in tool and the asset separation tool, which are also provided for by Directive [ ]. The framework should also make it possible to assess whether the conditions for the write- down and conversion of capital instruments are met.
Amendment 195 #
2013/0253(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to carry out its tasks effectively, the Board should have appropriate investigatory powers. It should be able to require all necessary information either directly or through national resolution authorities, and to conduct investigations and on-site inspections, where appropriate in cooperation with national competent authorities, making full use of all information available at the ECB and the national competent authorities. In the context of resolution, on-site inspections would be available for the Board to effectively monitor implementation by national authorities and to ensure that the Commission and the Board take their decisions on the basis of fully accurate information.
Amendment 205 #
2013/0253(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) It is necessary to ensure that the Fund is fully available for the purpose of the resolution of failing institutions. Therefore, the Fund should not be used for any other purpose than the efficient implementation of resolution tools and powers. Furthermore, it should be used only in accordance with the applicable resolution objectives and principles, fully respecting the provisions laid down in Directive [BRRD]. The Fund should not be used to directly absorb the losses of an institution or for recapitalisation purposes. Accordingly, the Board should ensure that any losses, costs or other expenses incurred in connection with the use of the resolution tools are first borne by the shareholders and the creditors of the institution under resolution. It is only if the resources from shareholders and creditors are exhausted, that the losses, costs or other expenses incurred with the resolution tools should be borne by the Fund.
Amendment 210 #
2013/0253(COD)
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59a) Where Member States have already imposed bank levies, taxes or resolution contributions in response to the crisis, those should be replaced by contributions to the Fund in order to avoid double payments.
Amendment 227 #
2013/0253(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Those uniform rules and procedure shall be applied by the Commissiona Board together with a Boardthe Commission and the resolution authorities of the participating Member States within the framework of a single resolution mechanism established by this Regulation. The single resolution mechanism shall be supported by a single bank resolution fund (hereinafter called the Fund).
Amendment 244 #
2013/0253(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'ECB' means the Supervisory Board of the European Central Bank as established by Council Regulation (EU) No [ ];
Amendment 296 #
2013/0253(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
When exercising the resolution powers in accordance with the provisions of Directive [BRRD ], it shall be ensured that any losses, costs or other expenses are first borne by shareholders and the creditors of the institution under resolution, before the Fund is used to support the efficient implementation of the resolution tools and powers;
Amendment 321 #
2013/0253(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Board, in its executive session, shall draw up resolution plans for the entities referred to in Article 2 and for groups.
Amendment 360 #
2013/0253(COD)
Proposal for a regulation
Article 7 – paragraph 9 a (new)
Article 7 – paragraph 9 a (new)
9a. Decisions regarding the drawing up and assessment of the resolution plans and the application of appropriate measures shall be taken by the Board in its executive session.
Amendment 404 #
2013/0253(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The ECB or competent authorities of participating Member States, after having requested an opinion from the ECB, shall inform the Board of any measure that they require an institution or group to take or that they take themselves pursuant to Article 13b of Council Regulation (EU)No[ ], pursuant to Articles 23(1) or 24 of Directive [ ], or pursuant to Article 104 of Directive 2013/36/EU.
Amendment 432 #
2013/0253(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Board and the Commission shall balance the objectives referred to in paragraph 2 as appropriate to the nature and circumstances of each case.
Amendment 463 #
2013/0253(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission, based on a draft decision prepared by the Board, shall take a resolution action in relation to a financial institution, when the conditions specified in Article 16(2) are met with regard to both the financial institution and with regard to the parent undertaking.
Amendment 479 #
2013/0253(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
When applying the bail-in tool to an institution under resolution, and without prejudice to liabilities excluded from the bail-in tool under Article 24(3), the Commission, based on a draft decision prepared by the Board, shall decide on, and the Board and the national resolution authorities of the participating Member States shall exercise the write down and conversion powers to claims following a reverse order of priority to the following order for normal insolvency procedures:
Amendment 521 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the ECB or a national resolution authority, after having requested an opinion from the ECB, assesses that the conditions referred to in points (a) and (b) of paragraph 2 are met in relation to an entity referred to in Article 2, it shall communicate that assessment without delay to the Commission and the Board.
Amendment 523 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The Board shall prepare and take all its decisions related to the resolution procedure in its executive session in accordance with Article 50.
Amendment 540 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 5 – introductory part
Article 16 – paragraph 5 – introductory part
5. If all the conditions established in paragraph 2 are met, the Board shall recommendpropose to the Commission a draft decision that the entity be placed under resolution. The recommendatdraft decision shall include at least the following:
Amendment 550 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Having regard to the urgency of the circumstances in the case, the Commission shall decide, on its own initiative or taking into account, if any, the communication referred to in paragraph 1 or the recommendation of the Board referred to in paragraph 5, whether or not to place the entity under resolutUpon receiving the draft decision from the Board, the Commission shall decide to adopt the draft decision, and on the framework of the resolution tools that shall be applied in respect of the entity concerned and of, where appropriate, the use of the Fund to support the resolution action. The Commission, on its own initiative, may decide to place an entity under resolution if all the conditions referred to in paragraph 2 are met may ask the Board to revise its draft decision.
Amendment 629 #
2013/0253(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. For the purpose of carrying out the tasks conferred on it by this Regulation, and with the objective of ensuring a level playing field in the application of the resolution tools, the Board, together with the Commission, shall adopt a resolution handbook setting out clear and detailed guidance for the use of the resolution tools set out in Directive [ ].
Amendment 735 #
2013/0253(COD)
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. For the purpose of exercising the tasks referred to in Articles 7, 8, 11, 16 and 17, the Board may, either directly or through the national resolution authorities, making full use of all information available at the ECB or the national competent authorities, require the following legal or natural persons to provide all information that is necessary in order to carry out the tasks conferred upon it by this Regulation:
Amendment 740 #
2013/0253(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The Board, the competent authorities and the national resolution authorities may draw up memorandum of understanding with a procedure concerning the exchange of information. The exchange of information among the Board, the competent authorities and the national resolution authorities shall not be deemed to be a breach of professional secrecy.
Amendment 750 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) the Executive Director, with voting rights;
Amendment 757 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) the Deputy Executive Director, with voting rights;
Amendment 765 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) a member appointed by the Commission, with voting rights;
Amendment 775 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) a member appointed by the ECB, with voting rights;
Amendment 776 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d a (new)
Article 39 – paragraph 1 – point d a (new)
(da) an independent expert appointed by the ECB, with voting rights;
Amendment 782 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
(e) a member appointed by each participating Member State, representing the national resolution authority, with voting rights.
Amendment 784 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point e a (new)
Article 39 – paragraph 1 – point e a (new)
(ea) an observer member appointed by EBA, without voting rights.
Amendment 828 #
2013/0253(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point a
Article 50 – paragraph 2 – point a
(a) prepare all decisions to be adopted by the Board in its plenary session;
Amendment 832 #
2013/0253(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b – point i
Article 50 – paragraph 2 – point b – point i
(i) providing the Commission, as early as possible, with any draft decision in accordance with Article 16 accompanied by all relevant information, allowing the Commission to assess and take a reasoned decision pursuant to Article 16(6);
Amendment 833 #
2013/0253(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b – point ii a (new)
Article 50 – paragraph 2 – point b – point ii a (new)
(iia) the preparation and assessment of the resolution plans in accordance with Articles 7 to 9;
Amendment 834 #
2013/0253(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b – point ii b (new)
Article 50 – paragraph 2 – point b – point ii b (new)
Amendment 959 #
2013/0253(COD)
Proposal for a regulation
Article 66 – paragraph 3 a (new)
Article 66 – paragraph 3 a (new)
3a. Until the target level specified in Article 65 has been reached, the Board may require institutions to provide a committed credit facility for an amount of 50% of the pro-rata risk weighted target level applicable to that institution. After 50% of the target level has been reached, the committed facility shall be reduced by any additional contributions. Any payment from the Fund before the target level has been reached shall be followed by an increase in the facility by the pro- rata risk weighted amount attributable to each institution.
Amendment 977 #
2013/0253(COD)
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The Board shall invest the amounts held in the Fund in obligations of the participating Member States or intergovernmental organisations, or in highly liquid assets of high credit worthiness. Investments should be sufficiently geographically diversified. The return on those investments shall benefit the Fund. The Board shall make public an investment framework, specifying the details of the Fund's investment policy.
Amendment 992 #
2013/0253(COD)
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. The Board shall use the Fund to support any of the actions referred to in points (a) to (g) of the previous paragraph, while fully respecting the provisions of Directive [BRRD].
Amendment 119 #
2013/0157(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It appearis therefore not appropriate at this stage not to regulate this issue at Union level and to leave iit should instead be left to the Member States to regulate the self-provision of port services or not. Therefore, this Regulation should only cover the provision of port services for remuneration.
Amendment 137 #
2013/0157(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The selection procedure for selecting providers of port service in the cass where the number of those providers is limited should follow the principles and approach determined in Directive ../../… [concession]7 , including the threbe open to all interested parties and should and method for determining the value of the contracts as well as the definition of substantial modifications and the elements related to the duration of the contractbe transparent and non-discriminatory. __________________ 7 Proposal for a Directive on the award of concession contracts (COM 2011) 897 final
Amendment 169 #
2013/0157(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) The Commission should clarify the notion of the State aid with regard to the financing of port infrastructure, taking into consideration the non-commercial nature of public access and defence infrastructure to all potential users on non-discriminatory terms and that it falls within the public responsibility to meet the general needs of the population.
Amendment 193 #
2013/0157(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 256 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘provider of port services’ means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services listed in Article 1(2);
Amendment 280 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment and persons, on the availability of the service and on the cooperation between the technical- nautical services;
Amendment 287 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) availability requirements;
Amendment 316 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 320 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 380 #
2013/0157(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services and passenger services.
Amendment 396 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The managing body of the port shall make available to the Commission and the competent independent supervisory body, upon request,, in the event of a formal complaint and upon request, make available to the Commission and to the body designated pursuant to Article 17 any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation and State aid rules. The information shall be transmitted within two months from the date of the request.
Amendment 423 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with the port´s economic strategy and commercial practices, relateding inter alia to frequent users, or in order to promote a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall be relevant, objective, transparent and non-discriminatory and in due respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal termtransparent and shall comply with the State aid and competition rules.
Amendment 56 #
2013/0105(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents. This Directive should also encourage and facilitate innovation in vehicle and transport unit design.
Amendment 88 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer vehicles may be used in cross- border transport if the twowo or several Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow itCompetent authorities of Member States should determine specific requirements to the vehicle, the infrastructure and the driver in order to assure an adequate level of safety. The cross-border use of these vehicles should be backed by bilateral or multilateral agreements between the competent authorities of Member States concerned specifying the routes and other conditions that need to be met. The European Commission has already provided guidance on the application of Article 4 of the Directive. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.
Amendment 94 #
2013/0105(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to assess the impact of vehicles exceeding the dimensions set up by this Directive on road safety, it is appropriate that Member States collect data of accidents involving heavy good vehicles longer than 18.75 m. The Commission should consider proposing the inclusion of these data among the annual reporting obligations of Member States in the framework of Council Decision 93/704/EC on the creation of a Community database on road accidents.
Amendment 103 #
2013/0105(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 1580 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 1580 cm represents in relation to the length of an articulated truck (16.50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however authorised only for intermodal transport, for which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. To link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra- European maritime transport operation.
Amendment 130 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – indent 1
Article 1 – paragraph 1 – point 1 – indent 1
Directive 96/53/EC
Article 2 – subparagraph 1
Article 2 – subparagraph 1
– ‘hybrid propulsion vehicle’ means a vehicle within the meaning ofalternative fuels’ means fuels which provide a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to the decarbonisation of transport. They include: – electricity, – hydrogen, – biofuels as defined in Directive 2007/469/28/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles10 , equipped with one or more traction motor(s) operated by electric power and not permanently connected to the grid and one or more traction motor(s) operated by internal combustion; __________________ 10, – synthetic fuels, – natural gas, including biomethane, in gaseous form (compressed natural gas – CNG) and liquefied form (liquefied natural gas – LNG), – liquefied petroleum gas (LPG), and – waste heat. OJ L 263, 9.10.2007, p. 1.
Amendment 133 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – indent 3
Article 1 – paragraph 1 – point 1 – indent 3
Directive 96/53/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
– ‘intermodal transportloading unit’ means a unit belonging to one of the following categories: container, swap body, semi- trailer;
Amendment 136 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – indent 3 b (new)
Article 1 – paragraph 1 – point 1 – indent 3 b (new)
Directive 96/53/EC
Article 2 – paragraph 1 – subparagraph 1 – indent 12 b (new)
Article 2 – paragraph 1 – subparagraph 1 – indent 12 b (new)
- Combined transport means the transport of goods where the lorry, trailer, semi- trailer, with or without tractor unit, swap body or container uses the road on the initial and final leg of the journey and, on the other leg, rail or inland waterway or maritime services where this section exceeds 100 km and makes the initial and final road transport leg of the journey: - Between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg, and between the nearest suitable rail unloading station and the point where the goods are unloaded for the final leg, or - Within a radius not exceeding 150 km from the inland waterway port or seaport of loading or unloading.
Amendment 150 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
(aa) The first phrase of Article 4(4) is replaced by the following phrase: `Member States may allow vehicles or vehicle combinations used for goods transport which carry out certain transport operations that do not significantly affect international competition in the transport sector to circulate in their territories with weights and dimensions deviating from those laid down in points 1, 2, and 4 of Annex 1.´
Amendment 167 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Amendment 192 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
The performance and safety requirements to be met byconsidered for the certification of the devices referred to in the first paragraph are as follows:
Amendment 194 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 2 – indent 2
Article 8 – paragraph 2 – indent 2
in terms of road safety and safety of intermodal transport, in particular:
Amendment 215 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 5
Article 8 – paragraph 5
Pending the adoption of the delegated acts, the vehicles or combinations of vehicles equipped with aerodynamic devices to the rear, which at least meet the requirements referred to in the first and second indent of paragraph 2 and were tested in accordance with paragraph 3 may circulate if their length exceeds the length laid down in Annex I, point 1.1 by no more than two metres. This transitional measure shall apply from the date of entry into force of this Directive.
Amendment 309 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 315 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 7 – indent 1
Article 12 – paragraph 7 – indent 1
Amendment 354 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c
Article 1 – paragraph 1 – point 16 – point c
Directive 96/53/EC
Annex I – point 2.3.1 – indent 3
Annex I – point 2.3.1 – indent 3
two-axle buses: 19,5 tonnes
Amendment 89 #
2013/0074(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This directive shall not apply to land planning.
Amendment 104 #
2013/0074(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘"Marine waters’" means the waters, the seabed and subsoil as defined in Article 3(1) of Directive 2008/56/ECon the seaward side of the baseline from which the breadth of territorial waters is measured extending to the outmost reach of the area where a Member State has and /or exercises jurisdiction, in accordance with the United Nations Convention on the Law of the Sea, with the exception of the waters adjacent to the territories mentioned in Annex II to the Treaty and the French Departments and Collectivities.
Amendment 109 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall establish and implement a maritime spatial plan or plans and an integrated coastal management strategy or strategies. They may be prepared in separate documentsning and in case the Member State does not integrate land-sea interactions in their maritime spatial plan, these interactions shall be addressed through integrated coastal management. Member States may decide to follow an integrated approach, or establish maritime spatial plans and integrated coastal management separately.
Amendment 110 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States and their competent authorities shall remain responsible for designing and determining the content of such plans and strategies, including the apportionment of maritime space to different sector activities, maritime and marine uses.
Amendment 150 #
2013/0074(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Maritime spatial plans and integrated coastal management strategiesEach Member State shall establish operationprocedural steps to achieve the objectives as set out in Aarticle 5, taking into account allthe relevant activities, uses and measures applicable to them.
Amendment 158 #
2013/0074(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. MAs a result of maritime spatial plans shall contain at least a mapping of marine wning Member Staters which identifies the actual and potential spatial and temporal distribution of all relevant maritime activities in order to achieveshall produce maritime spatial plans with a view to contribute to the objectives as set out in Article 5.
Amendment 174 #
2013/0074(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Integrated coastal management strategies shall contain at least, an inventory off a Member State does not address land-sea interactions via maritime spatial planning, integrated coastal management shall be established either in the form of a set of practices or by establishing one or more strategies. Member States shall identify existing measures applied in coastal zones and draw up an analysis of the need for additional actions in order to achieve the objectives set out in Article 5. The strategies shall provide forIntegrated coastal management shall enhance integrated and cross-sectoral policy implementation and consider interactions between terrestrial and maritime activities. to ensure land-sea connectivity.
Amendment 206 #
2013/0074(COD)
Proposal for a directive
Article 16
Article 16
Amendment 110 #
2013/0072(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to increase legal certainty for air carriers and passengers, a more precise definition of the concept of ‘extraordinary circumstances’ is needed, which takes into account the judgement of the European Court of Justice in the case C-549/07 (Wallentin-Hermann). Such a definition should be further clarified via a non- exhaustive list of circumstances that are clearly identified as extraordinary or not. The Commission should adopt a non- exhaustive list of extraordinary circumstances by delegated act, taking into account the work of the National Enforcement Bodies.
Amendment 133 #
2013/0072(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EC) No 261/2004 should explicitly include the right to compensation for passengers suffering long delays, in line with the judgement of the European Court of Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon). At the same time, the thresholds above which delays give rise to a right to compensation should be increased to interalia take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence. To ensure that citizens travelling within the EU face homogenous conditions for compensation, the threshold should be the same for all travel within the Union, but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports.
Amendment 156 #
2013/0072(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
Amendment 198 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point m
Article 2 – point m
Amendment 296 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 1 – point ii
Article 6 – paragraph 1 – point ii
when the delay is of at least five hours and includes one or several nightnight-time hours, the assistance specified in Article 9(1)(b) and 9(1)(c); and
Amendment 426 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 4
Article 9 – paragraph 4
If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken, it may limit the total cost of accommodation provided according to paragraph 1(b) to EUR 100 per night and per passenger and to a maximum of 3 nights. If the operating air carrier chooses to apply this limitation, itContingency plans for situations of multiple cancellations or many flight delays or other extraordinary circumstances shall necover theless provide the passengers with information about available accommodation after the three nights, in addition to the continued obligations for information specified in Article 14 cost of accommodation of passengers as well. A fair share of burden sharing shall be made explicit. All relevant parties in the travel supply chain like the airport managing body and the air navigation service providers, shall be included.
Amendment 514 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 261/2004
Article 16c a (new)
Article 16c a (new)
(15 a) The following Article shall be inserted: “Article 16c a Delegated acts The Commission shall be empowered to adopt delegated acts in accordance with Article 16e with a view to set out in detail the non-exhaustive list of circumstances considered as extraordinary circumstances resulting from the work of the National Enforcement Bodies.”
Amendment 515 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Regulation (EC) No 261/2004
Article 16e (new)
Article 16e (new)
Amendment 562 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
The following circumstances shall be considered as extraordinary and shall be further set out by means of delegated act in accordance with Article 16e:
Amendment 575 #
2013/0072(COD)
Proposal for a regulation
Annex 1Regulation (EC) No 261/2004
Annex 1Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point ii
technical problems of the aircraft which are not inherent in the normal operation of the aircraft, such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation; or a hidden manufacturing defect revealed by the manufacturer or a competent authority and which impinges on flight safety;
Amendment 89 #
2013/0045(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point f
Article 2 – paragraph 1 – point 8 – point f
(f) a pension fund or an institution for occupational retirement provision as defined in Article 6(a) of Directive 2003/41/EC of the European Parliament and of the Council, an investment manager of such fund or institution on the activities and supervision of institutions for occupational retirement provision, an investment manager of such fund or institution, and an entity set up for the purpose of investment of such funds or institutions acting solely and exclusively in the interest of such funds or institutions, shall not be considered a financial institution for the purpose of this Directive;
Amendment 104 #
2013/0045(CNS)
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) pension funds or institutions for occupational retirement provision as defined in Article 6(a) of Directive 2003/41/EC of the European Parliament and of the Council on the activities and supervision of institutions for occupational retirement provision, an investment manager of such fund or institution, and entities set up for the purpose of investment of such funds or institutions acting solely and exclusively in the interest of such funds or institutions;
Amendment 210 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2012/34/EU
Article 7 – paragraph 1 – subparagraph 2a (new)
Article 7 – paragraph 1 – subparagraph 2a (new)
However, it is important to keep the flexibility for railway undertakings and infrastructure managers to cooperate in order to improve the network, in particular the management of the traffic on the network during the winter season.
Amendment 388 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 d – paragraph 1
Article 7 d – paragraph 1
1. Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure manager, known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services and, where relevant, regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers. Alternatively, already existing committees fulfilling the main criteria shall be allowed.
Amendment 248 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
Article 2 a (new) – paragraph 6 – point b
Amendment 26 #
2012/2299(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that the competitiveness of Union carriers is hampered by factors such asat global level by factors such the lack of a level playing field caused by, for example, different national taxes, congested airports, high ATM and airport charges, state aid received by competitors and the cost of carbon emissions;
Amendment 29 #
2012/2299(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to conduct a study of the Members States' disparate air travel fees, duties, levies and taxes and their impact on ticket prices and airlines' profits and to conduct a study towards possible state-aid received by competitors at global level and its impact on the Union's airlines;
Amendment 46 #
2012/2299(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the Commission to engage in a dialogue with Gulf countries with a view to enhancing transparency and safeguarding fair competition;
Amendment 88 #
2012/2298(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the importance of emission standards for certain modes of transport i.e. cars; a similar approach should be explored for aviation;
Amendment 4 #
2012/2296(INI)
Motion for a resolution
Recital D
Recital D
D. whereas road charging is going to become a reality in more and more Member States in the very near future; whereas the EU has a responsibility to ensure that this new development does not negatively impact on cross-border travel and on the daily lives of people living in border regions or trade;
Amendment 41 #
2012/2296(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that Member States must remain free to set the amount charged for road use, and should have the final say in spending revenues collected from road charging, while calling upon Member States to continue to upgrade their transport networks to make them as sustainable, efficient and, environmentally friendly and safe as possible;
Amendment 51 #
2012/2296(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
(13a) As part of a time-based charging system, also a 24-hours vignette or an alternative custom-made vignette should be made available;
Amendment 53 #
2012/2296(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
(14a) Urges the European Commission and Member States to take into account the specific position of border-regions when developing plans for road-charging systems to minimize the impact on citizens living in border regions;
Amendment 2 #
2012/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Euro area as a whole is experiencing a double-dip recessionrecession caused by sovereign debt and financial crisis;
Amendment 11 #
2012/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it should be recalled that, in 2007, at the start of the crisis, the average public deficit for the euro area stood at only 0.6 % and was on a declining path towards equilibrium;
Amendment 14 #
2012/2256(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the sharp deterioration of public deficits and debt, which has been seen since 2009 in many Member States, has been mainly triggered by the reaction of governments to the crisis, in the absence of European anticyclical instrumentsneed for the public sector to bail-out the financial institutions in the interest of financial stability;
Amendment 22 #
2012/2256(INI)
Motion for a resolution
Recital E
Recital E
Amendment 32 #
2012/2256(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Commission forecasts for 2012 have been successively revised downwards from 1.8 % in spring 2011 to - 0.4 % in autumn 2012 for 2012; whereas in its autumn forecasts the Commission predicts a GDP growth of a mere 0.1 % for 2013; whereas there are serious doubts as to the accuracy of these 2013 forecasts, since they are likely to be based on an underestimated fiscal multiplier, thereby underestimating the negative effect of current fiscal contraction on economic growth;
Amendment 36 #
2012/2256(INI)
Motion for a resolution
Recital G
Recital G
Amendment 43 #
2012/2256(INI)
Motion for a resolution
Recital H
Recital H
Amendment 48 #
2012/2256(INI)
Motion for a resolution
Recital I
Recital I
I. whereas each Member State is suffering from the consequences of its own fiscal tightening and of the synchronised rapid consolidation conducted by the other Member Statespursuing a different fiscal strategy according to its own bugetary situation nevertheless taking into account Euro area as a whole;
Amendment 53 #
2012/2256(INI)
Motion for a resolution
Recital J
Recital J
J. whereas this fiscal tightening strategy forces down demand, wages and prices while driving up unemploymentaims at keeping public expenditure growth below the rate of growth of medium-term trend GDP;
Amendment 65 #
2012/2256(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Macroeconomic Imbalances Procedure (MIP) scoreboard for 2011 illustrates the hugesubstantial imbalances inside the European Union, especially in the eurozone; the 3-year average of Current Account Balance as % of GDP shows strong surpluses for only three countries (Luxembourg and the Netherlands at +7.5 and Germany at +5.9), with the majority of the other countries in negative positions;
Amendment 72 #
2012/2256(INI)
Motion for a resolution
Recital M
Recital M
M. whereas this shows that the gains from the internal market and common currency are spread very unevenly across the Member States, reducing the margin of manoeuvre of the weaker economies in response to crisis;
Amendment 76 #
2012/2256(INI)
Motion for a resolution
Recital N
Recital N
N. whereas austerityconsolidation measures adopted by several Member States have reached an unprecedented dimension: the fiscal stance for Greece from 2010 to 2012 amounts to 18 points of GDP, for Portugal, Spain and Italy respectively 7.5, 6.5 and 4.8 points of GDP without any significant signs of improvement of the economic and fiscal situation and with huge social disruption, calling for a new assessment of the policies imposed;
Amendment 93 #
2012/2256(INI)
Motion for a resolution
Recital P
Recital P
P. whereas surplusall countries should have been asked to share the adjustment burden by stimulating their internal demand, notably by adjusting wageimprove their domestic fiscal frameworks;
Amendment 100 #
2012/2256(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the Commission has been unable to make a convincing case that the policy options imposed will deliver over time and that they will impact on society in a fair and acceptable waproposes medium- and long-term growth- enhancing measures in order to improve the competitiveness of the European economy;
Amendment 105 #
2012/2256(INI)
Motion for a resolution
Recital R
Recital R
R. whereas lending to the private sector remains weak and privatis key to financing the credit flows are subduedal economy;
Amendment 120 #
2012/2256(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Welcomes the spirit of the Annual Growth Survey (AGS) 2013 as presented by the Commission; Believes that it is an adequate follow up to the European Semester 2012 in general and the AGS 2012 in specific; Welcomes in particular the increased clarity in country-specific strategies that the Commission has introduces by prioritizing progress in the euro area countries as well as progress in structural terms rather than nominal terms;
Amendment 121 #
2012/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the recognition in the AGS 2013 that growth is necessary in order to exit the crisis, but doubts whether the positive signs of recovery seen by the Commission are accurate; warns of the risk of a continued contraction of economic activity over the com; stresses the solutions specifically targeting the current sovereign and financial crisis should go hand-in-hand with growth-enhancing ymear suresulting from the aggregate negative effect of significant and simultaneous procyclical budget cuts across the euro area in order to improve the competitiveness of the European economy and regain confidence;
Amendment 134 #
2012/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to study seriously the possibility of spreading fiscal adjustment over a longer period, thereby providing additional temporary room for manoeuvre to re-ignite growth as soon as possible;.Deplores the lack of implementation in the member States of policies and actions agreed at the EU level, which prevent the agreed measures from unleashing their full potential;
Amendment 150 #
2012/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to admit the self-defeating nature of the prevailing policy stance and to reviseremain vigilant about its policy stance and, if needed, to revise and further clarify its policy recommeandations for next year , as contained in its AGS;.
Amendment 151 #
2012/2256(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges Member States to correct their excessive deficits by the deadlines set by the Council;
Amendment 152 #
2012/2256(INI)
Motion for a resolution
Paragraph 3b (new)
Paragraph 3b (new)
3b. Encourages the Member States to improve their domestic fiscal frameworks with a view to promoting efficient and sustainable fiscal policies;
Amendment 153 #
2012/2256(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the fact that Member States should pursue differentiated strategies according to their bugetary situations and insists that Member States must keep their public expenditure growth below the rate of medium-term trend GDP growth;
Amendment 155 #
2012/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. BWelieves thatcomes the recent debate on the size of the fiscal multiplier, notably following the IMF analysis on this matter in its latest World Economic Outlook, has been unduly downplayed by the Commission, while a broad consensus has been emerging on this but cautions that estimatter from recent theoretical and empirical work in the existing economic literature; considers this matter to be of central importance to policy-making, as wrong fiscal multipliers can lead to massive policy mistakess of fiscal multipliers are strongly dependent on assumptions and can at best provide partial case-by-case and country-specific policy guidance; calls on the Commission, therefore, rapidly to open its macroeconomic modelling o cooperate closely with other official and independandt forecasting to serious and systematic scrutiny by independent institutes on a regular basibodies on a regular basis in order to ensure the best possible accuracy in the interest of achieving adequate policy recommendations;
Amendment 162 #
2012/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomUrges the recognition by the Commission of ‘a possible’ adjustment in the deadline for the correction of the excessive deficits as being justified, in full respect of the spirit and the letter of the Stability and Growth Pact; considers, however, that this recognition is already overdueMember States to respect the Stability and Growth Pact;
Amendment 171 #
2012/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to reassessspect the Member States' situation in the light of the exceptional circumstances they are facing – ‘an unusual event outside the control of the [Member States] which has a major impact on the financial position of the general government or periods of severe economic downturn as set out in the revised SGP (…)’;
Amendment 174 #
2012/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Council to ease the path of consolidation for Member States with excessive deficits due to exceptional circumstances while ensuringnsure that ‘annual budgetary targets [...] are consistent with a minimum annual improvement of at least 0.5 % of GDP as a benchmark, in its cyclically adjusted balance net of one-off and temporary measures, in order to ensure the correction of the excessive deficit within the deadline set in the recommendation’, as formulated in the preventive arm of the SGP;
Amendment 179 #
2012/2256(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Council to balance productive private and public investment needs with fiscal discipline objectives by accommodating public investment programmes in its assessment of Stability and Convergence Programmes and excessive deficit procedures;
Amendment 186 #
2012/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to start developing as a matter of urgency a plan which would ensure that elements of fiscal discipline are in parallel followed up with concrete proposals onBelieves that a firm commitment to sustainable fiscal discipline and structural reforms is the pre-requisite to solidarity among Member States an; welcomes the enhanced democratic legitimacy as part of the Interinstitutional Agreement owithin the European Semester;
Amendment 192 #
2012/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Council to improve substantiallyadequatly revise and improve the quality, the national specificity and the adequacy of the country-specific recommendations, notably through a competent interpretation of the macroeconomic imbalances exercise;
Amendment 204 #
2012/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to agree on a Multiannual Financial Framework (MFF) as a matter of urgency, ensuring that its role is reinforced as a source of much- needed investment;
Amendment 208 #
2012/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Council to revise the recommended fiscal adjustment policies whenever economies move into recession,Member States to guaranteeing minimum levels of social welfare, and to safeguarding basic labour rights and avoiding a recessionary spiral; calls on the Commission and the Council to propose Union instruments for social protection and minimum social standards;
Amendment 216 #
2012/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls also on the Commission to come forward with a holistic approach to tackling growth, which should include a genuine European industrial policy and the guarantee that Europe will use all its strength and influence in its external trade relations; calls on the Commission to exploit to the full the sources of growth stemming from trade with third countries and establish reciprocity as well as fair trade; calls on the Commission to include strong social clauses in trade agreements on the basis of International Labour Organisation labour standards;
Amendment 222 #
2012/2256(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is worried by the fact that many Member States are falling behind in terms of productivity; insists on the role of structural reforms in tackling this problem;
Amendment 225 #
2012/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 242 #
2012/2256(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the European Parliament to adopt quickly the so-called "2-pack";
Amendment 250 #
2012/2256(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 266 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – title
Annex - Part 1 – title
RECOMMENDATION 1 CONCERNING AN ALTERNATIVEGROWTH-ENHANCING STRATEGYIES
Amendment 269 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – introductory paragraph
Annex - Part 1 – introductory paragraph
The Commission and the Council should adopt a new six-fold alternative strategy as set out belowprioritize the following strategies:
Amendment 272 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 1
Annex - Part 1 – paragraph 1
1. The fiscal consolidation should be delayed and spagreaed in due respect of current EU fiscal rules. Instead of nearly 130 billion euros of consolidation effort for the whole euro area, a more balanced fiscal consolidation of 0.5 point of GDP, in accordance with treaties, the SGP and even the fiscal compact , would give for 2013 alone a concrete margin for manoeuvre of more than 85 billion euros. By merely delaying and capping the path of consolidation, the average growth for the Eurozone between 2013 and 2017 may be improved by 0.7 point per yat EU level should be implemented by the Member States in order to restore confidence in the sustainability of public finances in the Euro arear.
Amendment 283 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 2
Annex - Part 1 – paragraph 2
2. The speculation on the sovereign debt of Member states must be stopped. The European Stability Mechanism (ESM) must be brought as soon as possible into the community management structure with the ECB as a backstop; The reformed crisis management mechanisms should substantially curb harmful speculation on distressed sovereign debt in the euro area.;
Amendment 287 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 3
Annex - Part 1 – paragraph 3
3. The persistent and long-lasting cumulative imbalances that have been increasing throughout the functioning of the common currency due to the asymmetric impact of common policies across different economies need to be adequately addressed through specific convergence instruments to foster the competitiveness of lagging economies, in particular by increasing the conditions for growth-enhancing investment in the latter.
Amendment 290 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 4
Annex - Part 1 – paragraph 4
4. Lending by the European Investment Bank must be significantlyshould be increased as well as other measures (notably the use of structural funds and project bonds), so as to genuinely advance the European Union growth agenda. The Compact for Growth and Jobs has to be urgently transformed into concrete investshould be implementsed.
Amendment 297 #
2012/2256(INI)
Motion for a resolution
Annex - Part 1 – paragraph 6
Annex - Part 1 – paragraph 6
6. A close coordination of economic policies must aim at reducing excessive internal imbalances in the EU and in the Eurozone in particular. The adjustment must not only rely on deficit countries. Surplus countries must also take measures to boost their internal demand and receive recommendations from the Commission accordingly.
Amendment 302 #
2012/2256(INI)
Motion for a resolution
Annex - Part 2 – paragraph 1
Annex - Part 2 – paragraph 1
Reiterates the need to fully involve Parliament – the only supranational European institution with electoral legitimacy – in economic policy coordination and in the Annual Growth Survey;
Amendment 303 #
2012/2256(INI)
Motion for a resolution
Annex - Part 2 – paragraph 2
Annex - Part 2 – paragraph 2
Recalls that the European Parliament must be recognised as the appropriate European democratic forum for providing an overall evaluation at the end of the European Semester; believes that, as a sign of this recognition, representatives of the EU institutions and the economic bodies involved in the process should provide information to the European Parliament when asked to do so; demands that the EP democratic control be enshrined in the Inter Institutional Agreement on the European Semesteron a regular basis.
Amendment 305 #
2012/2256(INI)
Motion for a resolution
Annex - Part 3 – paragraph 1
Annex - Part 3 – paragraph 1
Using consistently credible sources the resulting estimate of tax evasion and tax avoidance in the European Union reaches approximately €1 trillion a year. Tackling both tax avoidance and tax evasion is possible only if Member States are willing to consistently implement actions that build on introducing: country-by-country reporting, a Common Consolidated Corporate Tax Base, a thorough accounting reform, a change in corporate accounting disclosure for tax purposes, more investment in tax audits staff and an upgrade and extension of the European Union Savings Tax Directive.
Amendment 310 #
2012/2256(INI)
Motion for a resolution
Annex - Part 3 – paragraph 3
Annex - Part 3 – paragraph 3
Amendment 319 #
2012/2256(INI)
Motion for a resolution
Annex - Part 3 – paragraph 4
Annex - Part 3 – paragraph 4
This will have to include adequate EU- wide agreements with key non-EU countries currently providing platforms for financial institutions facilitating tax fraud and evasion activities from within the EU, such as Switzerland.
Amendment 10 #
2012/2234(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the Commission's call in the 2013 Annual Growth Survey to step up pension system reforms in the Member States through better aligning retirement age with life expectancy and enable longer working lives;
Amendment 18 #
2012/2234(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the commitments made by Member States to ensure adequate and sustainable retirement systems in the country specific recommendations adopted by Council last year in the framework of the European Semester;
Amendment 23 #
2012/2234(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the strengthening of the EU's social dimension and stresses the validity of the principle of subsidiarity in the areas affected by Initiative 1; encourages the Commission to take stock of the progress made in the Member States regarding pension reforms in its country specific recommendations that follow from the 2013 Annual Growth Survey;
Amendment 26 #
2012/2234(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the support; underlines in particular that the planned support could facilitate the exchange of best practices between Member States, for instance to increase labour market participation rates, most notably in the over 55-age group which varies widely between Member States;
Amendment 35 #
2012/2234(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that second-pillar pension funds are important long term investors in the real economy; invites the Commission to take stock of the cumulative effects of financial market legislation (e.g. EMIR, MiFID, CRDIV) on second-pillar pension funds and their ability to invest in the real economy and report on this in its forthcoming Green Paper on Long Term Investments;
Amendment 61 #
2012/2234(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Considers with regard to qualitative precautionary measures that proposals concerning corporate governance and risk management and those regarding transparency and information disclosure obligations are useful, including disclosure of costs and transparency of investment strategies; notes that, given the considerable differences between Member States, convergence of qualitative precautionary measures at EU level is at this stage more feasible than regulatory harmonisation;
Amendment 77 #
2012/2234(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that social partners (i.e. employers and employees) have a shared responsibility for the content of occupational pension arrangements; underlines that contractual agreements between social partners need to be recognized at all times, in particular with regard to the balance between risks and rewards that an occupational pension scheme aims to achieve;
Amendment 84 #
2012/2234(INI)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes a large variety in the design of pension plans, varying from defined benefit (DB) to defined contribution (DC) or mixed schemes; also notes a shift from DB schemes to DC schemes or the establishment of mandatory funded pillars in some Member States; stresses that this increases the need for more transparency and better information provision to citizens regarding the promised benefits, cost levels and investment strategies;
Amendment 99 #
2012/2234(INI)
Draft opinion
Paragraph 20
Paragraph 20
20. Welcomes discussion of the establishment of pension tracking services for the 1st and 2nd pillar in Member States, as well as cross-border pension tracking services for the 2nd pillar; encourages the Commission to facilitate the exchange of currently existing best practices in Member States and to promote the development of cross-border pension tracking services for the 2nd pillar;
Amendment 118 #
2012/2234(INI)
Draft opinion
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Considers that in certain cases private pension savings could be necessary to build up an adequate pension; encourages the Commission to cooperate with Member States on the basis of a best practices approach and assess and optimise incentives for private pension savings, in particular for individuals who otherwise would not build up an adequate pension;
Amendment 124 #
2012/2234(INI)
Draft opinion
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Considers that codes of conduct with regard to quality, information provision to consumers and consumer protection in the 3rd pillar could increase the attractiveness of 3rd pillar pension plans; encourages the Commission to facilitate the exchange of currently existing best practices in Member States;
Amendment 148 #
2012/2151(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the growing divide between core and peripheral countries in the Union should not become chronic in nature; whereas a permanent framework must be created in which Member States in difficulty should be able to rely on solidarity-based support from other Member States; whereas those Member States which desire solidarity should be aoble toiged take up their responsibility for implementing the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union as well as their country-specific recommendations and their engagements under the European Semester, in particular those related to the stability and growth pact (SGP), the Euro- plus pact and the macro-economic imbalances procedure;
Amendment 273 #
2012/2151(INI)
Motion for a resolution
Recital AT
Recital AT
AT. whereas European supervision of financial institutions within the euro area is anEMU as well as strengthening the role of EBA in preserving the internal market are absolute priorityies to take measures to tackle the crisis;
Amendment 346 #
2012/2151(INI)
Motion for a resolution
Recital BG
Recital BG
BG. whereas the introduction of a single European deposit guarantee fund should be the ultimate goal, further increasing the credibility of the scheme; the development of a similar scheme is justified considering the introduction of a European structure for prudential supervision and a European recovery and resolution framework; whereas for the short term the adoption of the current deposit guarantee scheme and crisis resolution framework proposals has absolute priority;
Amendment 372 #
2012/2151(INI)
Motion for a resolution
Recital BJ
Recital BJ
BJ. whereas a single European recovery and resolution authority (ERRA) should be established, preferably in parallel with the single supervisory mechanism as an ultimate goal, for restoring the viability of banks in difficulties and resolving non-viable financial institutions; whereas for the short term the adoption of the current crisis management framework proposals has absolute priority;
Amendment 435 #
2012/2151(INI)
Motion for a resolution
Recital BV
Recital BV
BV. whereas supplementary mechanisms are needed to ensure that all Member States respect their engagements in their individual budgetary procedures, where it cannot be excluded that the role of the European Commissioner for Economic and Monetary Affairs needs to be reinforced should strengthen, and not weaken, the current economic governance framework; whereas the independent role of the European Commissioner for Economic and Monetary Affairs as established in the 'six-pack' needs to be reinforced, accompanied by strong accountability mechanisms to both the European Parliament and the Council;
Amendment 445 #
2012/2151(INI)
Motion for a resolution
Recital BX
Recital BX
BX. whereas options should be explored for the feasibility of a euro area stabilisation instrument to counter and absorb economic shocks in the Member Statthe Stability and Growth Pact is by design a cyclical stabilisation instrument which, by allowing Member States to run a deficit up to 3 %, enables to counter and absorb economic shocks in the Member State; whereas this anti- cyclical policy can only work if the Member States achieve budgetary surpluses during good times; whereas financial assistance mechanisms such as the ESM are less rapidly deployable than conventional budgetary mechanismsa last resort measure;
Amendment 458 #
2012/2151(INI)
Motion for a resolution
Recital BZ
Recital BZ
BZ. whereas the common issuance of debt iscould, in the longer run, a corollary ofnd after fulfilment of strict conditions, be a possible way to supplement EMU;
Amendment 493 #
2012/2151(INI)
Motion for a resolution
Recital CC
Recital CC
CC. whereas the European Semester, as outlined in the preventive arm of the Stability and Growth Pact, offers a good framework to coordinate budgetary and economic policies implemented at national level in line with the country-specific recommendations adopted by the Council;
Amendment 504 #
2012/2151(INI)
Motion for a resolution
Recital CD
Recital CD
CD. whereas fiscal discipline is a necessary but not a sufficient condition to get out of the crisis, in-depth structural reforms and initiatives are also needeconsolidation and structural reforms are needed to get out of the crisis and to ensure a qualitative and sustainable growth and employment in a socially just societ, reflecting the reality of membership of EMU within a social market economy;
Amendment 507 #
2012/2151(INI)
Motion for a resolution
Recital CE
Recital CE
Amendment 582 #
2012/2151(INI)
Motion for a resolution
Recital CO a (new)
Recital CO a (new)
COa. whereas the executive powers of the Commission in the rules-based approach to the economic governance framework, as established in particular in the reinforced Stability and Growth Pact and the macroeconomic surveillance mechanism, should be subject to ex post democratic control by, and accountability to, the European Parliament;
Amendment 584 #
2012/2151(INI)
Motion for a resolution
Recital CP
Recital CP
Amendment 688 #
2012/2151(INI)
Motion for a resolution
Annex – part 1 – point 1.2 – paragraph 1
Annex – part 1 – point 1.2 – paragraph 1
The legislative act to be adopted should update and supplement the Commission's proposal of 12 July 2010 for a directive on Deposit Guarantee Schemes should be adopted as soon as possible in order to introduce a stronger European dimension to deposit protection and should open up for a long term perspective on a single European deposit guarantee scheme.
Amendment 720 #
2012/2151(INI)
Motion for a resolution
Annex – part 1 – point 1.3 – paragraph 1
Annex – part 1 – point 1.3 – paragraph 1
The legislative act to be adopted should update and supplement the current proposal for a directive establishing a framework for the recovery and resolution of credit institutions and investment firms should be adopted as soon as possible in order to create a European scheme for the application of resolution measures to institutions subject to direct supervision under the single supervisory mechanismand open up to the creation of a single European recovery scheme.
Amendment 812 #
2012/2151(INI)
Motion for a resolution
Annex – part 3 – point 3.2 – paragraph 1
Annex – part 3 – point 3.2 – paragraph 1
Amendment 25 #
2012/2115(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission's Green Paper as a first step towards the stricter monitoring and supervision of SB; endorses the Commission's approach based on indirect regulation and appropriate extension or revision of existing regulation of SB, at the same time underlining the need for direct regulation of some of its aspects in a functional way while avoiding overlap and ensuring consistency with existing regulations;
Amendment 26 #
2012/2115(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for a holistic approach to shadow banking, where both prudential and market conduct aspects are important; notes an increasing shift to market-based funding and retailization of highly complex financial products; stresses, therefore, that market conduct and consumer protection should be taken into account;
Amendment 49 #
2012/2115(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Supports, therefore, as a first step, the creation by the ECB of a central EU database on euro repo transactions, and invites the Commission to submit a legislative proposal forCalls on the Commission to quickly adopt (in early 2013) a coherent approach for central data collection, identifying data gaps and combining efforts by existing initiatives from other bodies and national authorities; invites the Commission to submit a report (by mid- 2013) covering, but not limited to, the creation of such a database by the end of 2013, after undertaking a feasibility studyquired institutional set-up (e.g. ECB, ESRB, independent central registry), content and frequency of data surveys, in particular on euro repo transactions and financial risk transfers, and the level of required resources;
Amendment 53 #
2012/2115(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 67 #
2012/2115(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that some SB activities and entities may be either regulated or unregulated depending on the country; underlines the importance of a level playing field between countries, as well as between the banking sector and shadow banking entitities; notes further that the financial interdependence between the banking sector and shadow banking entities is currently excessive;
Amendment 88 #
2012/2115(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines the need to improve disclosure of financial asset transfers from the balance sheet by filling the gaps in International Financial Reporting Standards; stresses the responsibility of financial gate keepers, such as accountants and internal auditors, in signaling potentially harmful developments and building up of risks;
Amendment 91 #
2012/2115(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to ensure that all SB entities having a bank sponsor or linked to a bank are included in the bank's balance sheet for prudential consolidation purposes; invites the Commission to examine, by the beginning of 2013, means of ensuring that entities which are not consolidated from an accounting perspective are consolidated for prudential consolidation purposes; encourages the Commission to take into account any guidance from the BCBS for the better alignment of accounting and risk-based scope of consolidation;
Amendment 98 #
2012/2115(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to ensure greater transparency in the structure and activities of financial institutions; invitescalls on the Commission, to taking accounte due consideration of the conclusions of the Liikanen report, to propose legislation to separate commercial and investment banks, in particular in order to avoid the financing of SB activities via savings in this respect;
Amendment 114 #
2012/2115(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that incentives associated with securitisation need to be adequately addressed; invites the Commission to examine the securitisation market and to submit a legislative proposal at the latest by the beginning of 2013 for limitingemphasises that solvency and liquidity requirements for securitisations should promote a high quality and well diversified investment portfolio, thereby avoiding herding; invites the Commission to examine the securitisation market and to submit a legislative proposal that is consistent with the new BCBS securitisation framework currently under discussion, at the latest by the beginning of 2013; the proposal should cover, but not be limited to, a limit on the number of times a financial product can be securitised; calls on it to impose, particular requirements on suppliers of securitisation (e.g. originators or sponsors) to retain part of the risks associated with securitisation and of measures to achieve transparency, by the introduction of an external; calls in particular for the introduction of a consistent methodology to valuer of the underlying assets and standardisation of securitisation products as well as resolution processecross different legislations and jurisdictions;
Amendment 133 #
2012/2115(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the benefits Exchange Traded Funds (ETFs) provide by giving retail investors access to a wider range of assets (such as commodities, in particular), but stresses the risks ETF carry in terms of complexity, counterparty risk, liquidity of products and possible regulatory arbitrage; invites the Commission, therefore, to submit a legislative proposal at the beginning of 2013 to tackle these potential structural vulnerabilitiwarns for the risks associated with synthetic ETFs due to their increasing opacity and complexity, in particular when synthetic ETFs are marketed to retail investors; invites the Commission, therefore, to submit a legislative proposal at the beginning of 2013 to tackle these potential structural vulnerabilities, taking into account different customer categories (e.g. retail investors, professional investors, institutional investors) and their different risk profiles;
Amendment 59 #
2012/0299(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The efficient use of human capital is the most important determinant of an economy's competitiveness and is key to addressing the EU's demographic challenges, to competing successfully in a globalised economy and to ensuring a comparative advantage vis-à-vis third countries. The pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of university graduates are female. A continued failure to draw on this pool in appointments to economiccompanies' management positions and decision- making positions would amount to a failure to fully exploit skilled human capital.
Amendment 63 #
2012/0299(COD)
Proposal for a directive
Recital 8
Recital 8
(8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mind-set incorporating a wider range of perspectives and therefore reaching more balanced decisions, in view of reaching a better reflection of new societal and consumers' realities. Numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company's financial performance and profitability. Enhancing female representation on the boards of publicly listed companies in the Union, given their significant economic and social responsibility, can therefore have a positive impact on the performance of companies concerned.
Amendment 68 #
2012/0299(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company and, ensuring a greater presence and recognizing the contribution of women at all levels of management and in the workforce. Therefore, a higher share of women on company boards has a positive impact on closing both the gender employment gap and the gender pay gap. Making full use of the existing female talent pool would constitute a marked improvement in terms of return on education for both individuals and the public sector. Female under- representation in the board rooms of publicly listed companies in the EU is a missed opportunity in terms of achieving long- term sustainable growth for Member States' economies at large.
Amendment 79 #
2012/0299(COD)
Proposal for a directive
Recital 14
Recital 14
(14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life and allow executives and directors to make full use of the opportunities the Internal Market has to offer.
Amendment 87 #
2012/0299(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The Union should therefore aim to increase the presence of women on company boards, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through minimum common requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies, in the view of the fact that Member States and other countries which have chosen this or a similar method have achieved the best results in reducing the under-representation of women in economic decision-making positions.
Amendment 101 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Taim to reach the objective of having at least 40 per cent of non-executive directors of the under-represented sex at the latest by 1 January 2020. For the purpose of reaching this objective, those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non- executive director positions should make thecarry out the pre- selection or selection procedure for appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non-executive directors of the under-represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 103 #
2012/0299(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The objective of 40% in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 105 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders. Moreover, this Directive obliges Member States to establish efficient procedures for reaching the goal of enhanced gender-balance in boards;
Amendment 111 #
2012/0299(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings. Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly. Therefore, in such companies the objective of least 40 per cent of non-executive directors of the under-represented sex should be set at an earlier date, in respect with the adequate mechanisms set by Member States, in line with the Directive.
Amendment 118 #
2012/0299(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership, international experience and communication skills and networking abilities. Priority should be given to the candidate of the under- represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex.
Amendment 123 #
2012/0299(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under-represented sex . These limitations to the right to respect for private life with regard to the processing of personal data, recognised by the Articles 7 and 8 of the Charter, and the obligation for listed companies to supply that information, upon request, to the unsuccessful candidate, are necessary and, in conformity with the principle of proportionality, genuinely meet recognised objectives of general interest. They are therefore in line with the requirements for such limitations laid down in Article 52(1) of the Charter and with the relevant case-law of the Court of Justice.
Amendment 133 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which. Especially should Member States provide that listed companies who do not establish, apply or respect the foreseen procedures for the appointment or the election of non-executive directors shall be subject to sanctions. These sanctions could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1).
Amendment 138 #
2012/0299(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 143 #
2012/0299(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In addition to the measures relating to non-executive directors, and with a view also to improving the gender balance among directors involved in daily management tasks, listed companies should be required to make individual commitments regarding the representation of both sexes among executive directors, to be achieved at the latest by 1 January 2020. These commitments should aim to achieve tangible progress from the individual company's current position towards better gender balance. The Member States are required to ensure that companies pursue their efforts until the objective of 40% is met. To this end, the Directives provides for guarantees in order to efficiently meet the objective of enhanced gender-balance.
Amendment 146 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published and, where the company in question has not met the objective, it should include a description of the measures that it has taken so far and intends to take in the future in order to meet the objective. Furthermore, companies that failed to comply should provide a justification on the reasons for not implementing the adequate mechanisms, and what concrete measures are to be adopted in order to efficiently guarantee that the objective of enhanced gender-balance is met.
Amendment 155 #
2012/0299(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In accordance with the principle of proportionality, as set out in that same Article, this Directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives. Member States are given sufficient freedom to determine how the objectives laid down in this Directive should best be achieved taking national circumstances into account, in particular rules and practices concerning recruitment for board positions. This Directive does not interfere with the possibility for companies to appoint the most qualified board members, and it grants a flexible framework and a sufficiently long period of adaptation for all listed companies.
Amendment 158 #
2012/0299(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council. The Directive is due to expire on 31 December 2028. The Commission should assess, in its review, if there is a need to extend the duration of the Directive beyond that period. Member States should cooperate with social partners and civil society in order to efficiently inform them on the Directive's signification and transposition and implementation.
Amendment 182 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be the number closest to the proportion of 40 per cent, but not exceeding 4950 per cent.
Amendment 200 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 203 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boardsaim to reach the objective that members of the under-represented sex hold less thanat least 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 206 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that in listed companies in whose boards members of the underreprensented sex hold less than 40 per cent of the non- executive director positions the pre- selection or selection procedure for appointments to those positions is carried out on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, until the objective set out in paragraph 1 is reached.
Amendment 211 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and accessible manner on their website. Furthermore, companies that failed to comply should provide a justification on the reasons for not implementing the adequate mechanisms, and what concrete measures are to be adopted in order to efficiently guarantee that the objective of enhanced gender- balance is met.
Amendment 218 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) are also competent for the promotion, analysis, monitoring and support of gender balance on the boards of listed companies. To this end, Member States shall efficiently collaborate with social partners and civil society.
Amendment 223 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The sanctions must be effective, proportionate and dissuasive and mayshall include the following measures:
Amendment 225 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) nullity or annulment declared by a judicial body of the appointment or of the election of non-executive directors made contrary to the national provisions adopted pursuant to Article 4(1). However, the nullity or annulment of the appointment or of the election of non-executive directors does not affect the decisions taken by the board.
Amendment 226 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) exclusion from public calls for tenders;
Amendment 267 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant togiving effect to Articles 4(1a), 4(3), 4(4), 4(5), 5(1), 5(2) and 5(3) of this Directive and shall take all necessary measures to ensure that they are applied.
Amendment 299 #
2012/0299(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in Article 4(1a), (3), (4) and (5), provided that it can be shown that those measures enable members of the under-represented sex to hold at least 40 per cent of the non-executive director positions of listed companies by at the latest 1 January 2020, or at the latest 1 January 2018 for listed companies which are public undertakings.
Amendment 308 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1a), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures effectively enable members of the under-represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for listed companies which are public undertakings, and by 1 January 2020 for listed companies which are not public undertakings. The first such report shall be issued by the Commission by 1 July 2017, and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1.
Amendment 311 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex for at least 40 per cent of the non-executive director positions of their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1a), (3), (4) and (5) with effect respectively from those dates.
Amendment 106 #
2012/0244(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In areas not covered by regulatory or implementing technical standards, the Authority should have the power to issue guidelines and recommendations on the application of Union law. In order to ensure transparency and to strengthen compliance by the ECB's Supervisory Board and European Union national competent authorities with those guidelines and recommendations, it should be possible for the Authority to publish the reasons provided by supervisory authorities for not complying with those guidelines and recommendations.
Amendment 112 #
2012/0244(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) EBA should, within the scope of its powers conferred by this Regulation, give guidance to the ECB's Supervisory Board and any other European Union competent authority in case they impose any discretionary prudential requirement as specifically provided for in a Union act.
Amendment 180 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
1 d. In Article 8, paragraph 1, point (a) is replaced by the following: "(a) to establish high-quality common regulatory and supervisory standards and practices, in particular by providing opinions to the Union institutions and by developing guidelines, recommendations, and draft regulatory and implementing technical standards which shall be based on the legislative acts referred to in Article 1(2); (aa) to give guidance to the ECB's Supervisory Board and any other European Union competent authority in case they impose any discretionary prudential requirement as specifically provided for in an Union act;"
Amendment 187 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 k (new)
Article 1 – paragraph 1 – point 1 k (new)
Regulation EU No 1093/2010
Article 16 – paragraph 1
Article 16 – paragraph 1
1 k. In Article 16, paragraph 1 is replaced by the following: "1. The Authority shall, with a view to establishing consistent, efficient and effective supervisory practices within the ESFS, and to ensuring the common, uniform and consistent application of Union law, issue guidelines and recommendations addressed to the ECB's Supervisory Board and other European Union competent authorities or financial institutions."
Amendment 282 #
2012/0244(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
The report shall be forwarded to the European Parliament and to the Council. The Commission shall make accompanying proposals, including, but not limited to: (a) the transposition of the ECB's Supervisory Board, together with EBA, into an independent Single European Supervisor located in Frankfurt, covering all banks in the European Union; (b) the required Treaty changes, if deemed necessary.
Amendment 118 #
2012/0242(CNS)
Proposal for a regulation
Recital 9
Recital 9
(9) A European banking union should therefore be set up, underpinned by a true single rulebook for financial services for the Single Market as a whole and composed of a single supervisory mechanism, and a common deposit insurance and resolution framework. . In view of the close links and interactions between Member States participating in the common currency, the banking union should apply at least to all Euro area Member States. With a view to maintaining and deepening the internal market, and to the extent that this is institutionally possible, the banking union should also be open to the participathe banking union should include all Member States, with the exception of othoser Member States that explicitly indicate their wish not to participate.
Amendment 143 #
2012/0242(CNS)
Proposal for a regulation
Recital 11
Recital 11
(11) As the Euro area's central bank with extensive expertise in macroeconomic and financial stability issues, the ECB is well placed to carry out supervisory tasks with a focus on protecting the stability of Europe's financial system. Indeed in many Member States Central Banks are already responsible for banking supervision. The ECB should therefore be conferred specific tasks concerning policies relating to the supervision of credit institutions within the Euro areaparticipating Member States.
Amendment 205 #
2012/0242(CNS)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The ECB's Supervisory Board should ensure that, when performing the supervisory tasks as set out in this Regulation, it is guaranteed that a level- playing-field between credit institutions in the participating Member States is respected. EBA should, within the scope of its powers conferred by Article 1 of Regulation (EU) 1093/2010, give guidance to the ECB's Supervisory Board and any other European Union competent authority in case they impose any discretionary prudential requirement as specifically provided for in a Union act.
Amendment 451 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The ECB shall, in accordance with the relevant provisions of Union law, and in particular in accordance with the Single Rulebook and Single Supervisory Handbook supervised by EBA, be exclusively competent to carry out, for prudential supervisory purposes, the following tasks in relation to all credit institutions established in the participating Member States:
Amendment 465 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the notification procedure in relation to the establishment of branches and the exercise of freedom of provision of services;
Amendment 487 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point h a (new)
Article 4 – paragraph 1 – point h a (new)
(ha) to assist competent national authorities in the preparation of resolution plans;
Amendment 517 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The ECB's Supervisory Board shall ensure that when performing the tasks as set out in Article 4, and in particular those in Article 4(1), (d), (e) and (g) it is guaranteed that a level-playing-field between credit institutions in the participating Member States is respected. EBA shall, within the scope of its powers conferred by Article 1 of Regulation (EU) 1093/2010, give guidance to the ECB's Supervisory Board and any other European Union competent authority in case they impose any discretionary prudential requirement as specifically provided for in a Union act.
Amendment 570 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The ECB shall organ's Supervisory Board shall clearly define and publiseh the pfracticalmework, modalities of implementation of paragraph 2 by the national supervisoryand conditions under which the activities referred to in paragraph 2 are delegated to national competent authorities, in discharging its tasks. It shaorder to provide for a supervisory framework that is fully clearly define the framework and cond to the European Supervisory Authoritiones uander which the national competent authorities shall carry out those activities, as well as to the credit institutions under supervision. The supervisory framework, modalities and conditions referred to in this paragraph shall be effectively in place when this Regulation is implemented.
Amendment 579 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The ECB's Supervisory Board shall act as a single point of contact for all supervised credit institutions, unless this task is explicitly delegated to the national competent authorities within the supervisory framework referred to in paragraph 3.
Amendment 690 #
2012/0242(CNS)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The ECB's Supervisory Board is exclusively competent to request the information referred to in paragraph 1, unless this task is explicitly delegated to the national competent authorities within the supervisory framework referred to in Article 5(3). The national competent authority shall be able to obtain all information related to the tasks conferred upon the ECB by this Regulation. In case the information is not available at the ECB, the relevant competent authority may request the information directly from the legal or natural persons referred to in paragraph 1.
Amendment 781 #
2012/0242(CNS)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Legal safeguards In order to safeguard uniform and accessible legal protection for credit institutions in the participating Member States, the Commission shall, before entry into force of this Regulation, propose a uniform, effective, material and procedural legal framework under which credit institutions can challenge decisions of the ECB taken under this Regulation.
Amendment 955 #
2012/0242(CNS)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
The report shall be forwarded to the European Parliament and to the Council. The Commission shall make accompanying proposals, as appropriateincluding, but not limited to: (a) the transformation of the ECB's Supervisory Board, together with EBA, into an independent Single European Supervisor located in Frankfurt, covering all banks in the European Union; (b) the required Treaty changes, if deemed necessary.
Amendment 966 #
2012/0242(CNS)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. From the 1st of July 2013, provided that the supervisory framework, modalities and conditions referred to in Article 5(3), as well as all other practical organizational settings are in place, the ECB shall carry out the supervisory tasks conferred on it also in relation to the most significant credit institutions, financial holding companies and mixed financial holding companies of European systemic importance at the highest level of consolidation, based on their size as reflected in, the sum of exposure values of all assets and off-balance sheet liabilities not deducted when determining the common equity tier 1 capital for regulatory purposes, and their cross-border activity as reflected in cross-jurisdictional claims such as deposits and other assets in respect of customers or other financial operators located in another country and cross- jurisdictional liabilities such as loans and notes in respect of customers or other financial operators located in another country, which together cover at least half of the banking sector in the Euro area as a whole, on 1 January 2013. The ECB shall adopt and make public the list of those institutions before 1 March 2013.
Amendment 35 #
2012/0186(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure that vehicles. Periodic testing should be the main tool to ensure roadworthiness. Roadside inspections of commercial vehicles should only be complementary to periodic tests and target vehicles on the road which constitute an immediate risk to road safety are not used on roads.
Amendment 39 #
2012/0186(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The roadside inspections should be implemented via a risk rating system. The Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council of 15 March 206 provided that a sufficient degree of harmonisation of periodic roadworthiness testing has been achieved between all Member States and a system onf minimum conditions futual recognition of roadwor the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 concerning social leginess certificates can be established. The European Commission should draft a report on progress in the harmonislation relating to road transport activities and repealing Council Directive 88/599/EECprocess in order to determine when such a mutual recognition could be established.
Amendment 41 #
2012/0186(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Reports on the implementation of Directive 2000/30/EC clearly show the importance of technical roadside inspections. During the period 2007-2008, nearly 300 000 vehicles subject to roadside inspections throughout the Union have been reported to be in such a bad condition that they had to be immobilized. Those reports also show very significant differences between the results of inspection carried out by Member States. During the period 2007-2008, differences in percentage of certain deficiencies ranged from 0.6% to 41.4% between neighbouring countries. Finally, those reports emphasize the important differences in the number of performed roadside inspections between Member States. To reach a more balanced approach, Member States should commit to carry out a minimumn adequate number of inspections, proportional to the number of commercial vehicles registered at their territory.
Amendment 42 #
2012/0186(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Vans and their trailers are being used more frequently in road transport. These vehicles are not covered by certain requirements such as the requirements of training for professional drivers or the installation of speed limitation devices ending up in a relatively high number of road accidents involving such vehicles. VCertain vans and their trailers should therefore be included into the scope of roadside inspections.
Amendment 63 #
2012/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 4
Article 2 – paragraph 1 – indent 4
– trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories O1 and O2,
Amendment 67 #
2012/0186(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘roadside inspection’ means an unexpected technical inspection of the roadworthiness of a commercial vehicle circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision;
Amendment 73 #
2012/0186(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘competent authority’ means an authority or public body responsible for managing the national system ofentrusted by the Member State and responsible for managing the system of roadside inspections including when appropriate the carrying out of technical roadside inspections.;
Amendment 75 #
2012/0186(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14 a (new)
Article 3 – paragraph 1 – point 14 a (new)
(14 a) testing centre means public or private bodies or establishments authorised by a Member State to carry out roadworthiness tests.
Amendment 82 #
2012/0186(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Each Member State shall carry out in every calendar year a totaln adequate number of initial roadside inspections, corresponding to at least 5% of the total number of vehicles referred to in Article 3(1) that are registered in its territoryin order to achieve the objectives stated in Article 1 regards commercial vehicles covered by this Directive.
Amendment 93 #
2012/0186(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. With a view to implementing the roadside inspections risk rating system, Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliamwill make maximum use of existing risk rating systems at European level and ensure that a sufficient degree of harmonisation of periodic roadworthiness testing has beent and the Council.chieved between Member States;
Amendment 97 #
2012/0186(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. DriversMember States shall require that the undertaking responsible for the operation of a vehicle registered in any Member State shall keep on board the roadworthiness certificateproof of test, such as a sticker, a certificate or any other easily accessible information, corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available.
Amendment 114 #
2012/0186(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point b
Article 10 – paragraph 1 – subparagraph 2 – point b
(b) carry out a visual assessment of the condition of the vehicle and of its cargo.
Amendment 138 #
2012/0186(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 140 #
2012/0186(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
The European Commission shall put forward a legislative proposal concerning load securing in order to harmonise cargo securing in the European Union by 2014;
Amendment 148 #
2012/0186(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a a (new)
Article 20 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) No later than 5 years after the date of entry into force of this Regulation, the European Commission shall use the results of the report referred to in (the new Article 18a (new) of the draft report of Werner Kuhn on the proposal for a regulation on periodic roadworthiness tests) to determine whether roadside inspections can be based on a network of mandatory harmonised national risk rating systems of undertakings. The findings shall be submitted after consultation of the committee referred to in Article 16. The findings could be accompanied, if appropriate, by legislative proposals.
Amendment 43 #
2012/0184(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmental acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure tha. Periodic testing should be the main tool to ensure roadworthiness. Roadside inspections of commercial vehicles should only be complementary to periodic tests and target vehicles which constitute an immediate risk to road safety are not used on roads.
Amendment 85 #
2012/0184(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Since the objective of this Regulation should be to encourage further harmonisation and standardisation of periodic roadworthiness testing of vehicles, which should eventually lead to the establishment of a Single Market for periodic roadworthiness testing in the European Union with a system of mutual recognition of roadworthiness testing certificates which allows vehicles to be tested in any Member State, the European Commission should draft a report on progress in the harmonisation process in order to determine when such a mutual recognition could be established;
Amendment 104 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 5
Article 2 – paragraph 1 – indent 5
– trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories O1 andy O2,
Amendment 109 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 7
Article 2 – paragraph 1 – indent 7
Amendment 114 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 8
Article 2 – paragraph 1 – indent 8
Amendment 172 #
2012/0184(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Roadworthiness tests shall be carried out only by the competent authority of a Member State or by testing centres authorised by Member Stata public body entrusted with the task by the State or by bodies or establishments certified and supervised by the State, including authorised private bodies.
Amendment 186 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 1
Article 5 – paragraph 1 – indent 1
Amendment 223 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The holder of the registration certificate may request the testing centre, or the competent authority or the bodies or establishments certified and supervised by the State if relevant, to carry out the roadworthiness test during a period extendstarting from the beginning of the month preceding the month of the anniversary date referred to in paragraph 1 until the end of the second month following this date, without affecting the date for the next roadworthiness test.
Amendment 242 #
2012/0184(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
(2a) Without prejudice to Article 5, in case of registration of a vehicle origination from another Member State, Member State shall recognise a roadworthiness certificate issued by any other Member State, as if it had itself issued the roadworthiness certificate, provided the certificate is valid within the frequency of the re-registering Member State. In cases of doubt, Member States may verify the roadworthiness certificate before recognising it. Member States shall communicate to the Commission a description of the roadworthiness certificate before the date of application of this Directive. The Commission shall inform the Committee referred to in Article 16.
Amendment 261 #
2012/0184(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
(1a) Testing centres, in which inspectors perform roadworthiness tests, shall be authorised by a Member State or its competent authority.
Amendment 263 #
2012/0184(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(2a) To meet minimum requirements in terms of quality management, testing centres shall comply with the requirements of the authorising Member State. Testing centres shall ensure the objectivity and the high quality of the vehicle testing.
Amendment 268 #
2012/0184(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member StatThe competent authorities or, where applicable, approved training centres shall deliverprovide a certificate to inspectors who fulfil the minimum competence and training requirements. This certificate shall include at least the information mentioned in Annex VI, point 3.
Amendment 269 #
2012/0184(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Inspectors employed or authorised by competent authorities of the Member States or a testing centre at the date of application of this Regulation shall be exempted from the requirements laid down in Annex VI, point 1. The Member States shall deliver a certificate of equivalence to these inspectors.
Amendment 280 #
2012/0184(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 a (new)
Article 13 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure that testing centres are supervised.
Amendment 188 #
2012/0175(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the taking-up and pursuit of the activities of insurance and reinsurance mediation, including professional management of claims and loss adjusting, by natural and legal persons which are established in a Member State or which wish to be established there.
Amendment 229 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘remuneration’ means any commission, fee, charge or other payment, including an economic benefit of any kind, economic benefit of any kind, including a commission, fee charge or other payment offered or given in connection with insurance mediation activities.
Amendment 280 #
Amendment 292 #
2012/0175(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. For the effective supervision of insurance or reinsurance intermediaries providing their services within the territory of another Member State(s): (i) through a branch, the host Member State shall be responsible for establishing the minimum knowledge and competence requirements applicable to the staff of a branch; (ii) under the freedom to provide services, the home Member State shall be responsible for establishing the minimum knowledge and competence requirements. Host Member States may establish additional knowledge and competence requirements. The competent authorities of the host and the home Member States shall cooperate closely for the effective supervision and enforcement of the minimum knowledge and competence requirements of the host Member State. For this purpose they may delegate tasks and responsibilities to each other.
Amendment 300 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Member States shall ensure that insurance and reinsurance intermediaries and members of staff of insurance undertakings carrying out insurance mediation activities update their knowledge and ability through continuing professional development in order to maintain an adequate level of performance. The required conditions with regard to knowledge and ability shall be established by the Member State in accordance with paragraph 8.
Amendment 314 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 8 – introductory part
Article 8 – paragraph 8 – introductory part
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 33. Those delegated actMember States shall specify:
Amendment 384 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) the nature of the remuneration that will be received in relation to the insurance contract being offered or considered;
Amendment 400 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) if the intermediary will receive an economic benefit of any kind, including a fee or a commission of any kind, the full amount of the remuneration concerning the insurance products being offered or considered or, where the precise amount is not capable of being given, the basis of calculation of all the fee or commission or the combination of both;
Amendment 474 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) and shall specify, in case any advice is given, to the customer the underlying reasons for anythe advice to the customer on a specified insurance product , if given.
Amendment 488 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Prior to the conclusion of a contract, whether or not advice is given, the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision, while taking into account the complexity of the insurance product and the type of coustuomer.
Amendment 506 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall allow bundling practices but noand may prohibit tying practices.
Amendment 550 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall require that, when carrying out insurance mediation with or for customers, an insurance intermediary or insurance undertaking acts honestly, fairly and professionally in accordance with the best interests of its customers and complies, in particular, with the principles for reporting information to customers and assessment of suitability and appropriateness set out in this Article and in Article 25.
Amendment 593 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point b
Article 24 – paragraph 5 – point b
(b) not accept or receive fees, commissions or any monetary benefita monetary benefit of any kind, including fees or commissions paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to customers on an independent basis.
Amendment 81 #
2012/0169(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should apply to all products regardless of their form or construction that are manufactured by the financial services industry to provide investment opportunities to retail investors, where the return offered to the investor is exposed to the performance of one or more assets or reference values other than an interest rate. This should include such investment products as investment funds, life insurance policies with an investment element, and retail structured products. For these products, investments are not of a direct kind achieved when buying or holding assets themselves. Instead these products intercede between the investor and the markets through a process of ‘packaging’, wrapping or bundling together assets so as to create different exposures, provide different product features, or achieve different cost structures as compared with a direct holding. Such ‘packaging’ can allow retail investors to engage in investment strategies that would otherwise be inaccessible or impractical, but can also require additional information to be made available, in particular to enable comparisons between different ways of packaging investments. Assets that would be held directly, such as corporate shares or sovereign bonds are not packaged investment products, and should therefore be excluded from this Regulation.
Amendment 100 #
2012/0169(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Investment product manufacturers – such as fund managers, insurance undertakings, issuers of securities, credit institutions or investment firms – should draw up the key information document for the investment products they manufacture, as they are in the best position to know the product and are responsible for it. The document should be drawn up by the investment product manufacturer before the products can be sold to retail investors. However, wThe requirement to draw up the key information document should not apply to intermediaries marketing, distributing or selling the investment product to a retail investor. Where a product is not sold to retail investors, there is no necessity to draw up a key information document, and where it is impractical for the investment product manufacturer to draw up the key information document, this may be delegated to others. In order to ensure widespread dissemination and availability of key information documents, this Regulation should allow for publication by the investment product manufacturer by means of a website of their choice.
Amendment 110 #
2012/0169(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Investment product manufacturers should be able to provide the competent authority upon their request all relevant key information documents. The key information document should not require prior authorisation from the competent authority.
Amendment 167 #
2012/0169(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down uniform rules on the format and content of the key information document to be drawn up by investment product manufacturers and uniform rules on the provision of this document to retail investors. The requirement to draw up the key information document shall not apply to intermediaries marketing, distributing or selling the investment product to a retail investor.
Amendment 172 #
2012/0169(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) Assets which are held directly and which are not packaged investment products, including corporate shares and sovereign bonds;
Amendment 245 #
2012/0169(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Product approval process 1. An investment product manufacturer shall have in place appropriate procedures and policies to ensure that balanced consideration has been given to the interests of retail investors, clients and the beneficiaries of such investment product during the development of the investment product, and that the financial product is demonstrably the result of this consideration of interests. 2. Before investment products and financial instruments are placed or distributed in the market, these products and instruments need approval according to the product development process. All the relevant risks shall be carefully assessed and products and instruments shall only be placed or distributed when this is in the interests of the targeted group of clients. 3. An investment product manufacturer shall conduct tests, which establish how the investment product performs as a whole and how the separate elements of the financial product perform under various scenarios. Such tests should ensure that the financial product, in view of the nature of the product, does not conflict with the interests of the targeted group of clients. 4. The product development process shall ensure that existing products are regularly reviewed in order to ensure that the product is continuing to meet the needs of the identified target market. The product development process shall be reviewed annually. An investment product manufacturer shall at all times be able to provide its competent authority an up to date and detailed description of the nature and details of its product development process. 5. In the event that a financial product harms the interests of targeted group of clients, the investment product manufacturer shall adjust the product as quickly as possible, or shall cease to offer or manufacture the financial product and shall cease to make the financial product available in the market.
Amendment 440 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The information referred to in paragraph 2 shall be presented in a commonstandardized format including the common headings and following the standardised order set out in paragraph 2, so as to allow for comparison with the key information document for any other investment product. The key information document shall prominently display a common symbol to distinguish the document from other documents.
Amendment 276 #
2012/0150(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘resolution’ means the restructuring of an institution in order to ensure the continuity of its essential functions, and preserve financial stability and restin order fore the viability of all or part of that institutioninstitution to be wound down in an orderly manner;
Amendment 314 #
2012/0150(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member States shall designate one or more resolution authoritiesy that areis empowered to apply the resolution tools and exercise the resolution powers.
Amendment 341 #
2012/0150(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 467 #
2012/0150(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that parent undertakings or institutions that are subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC draw up and submit to the consolidating supervisor a group recovery plan that includes a recovery plan for the whole group, including for the companies referred to in points (c) and (d) of Article 1, as well as a recovery plan for each institution that is part of the group. The group recovery plan should include plans for recovery at the level of the parent undertaking subject to consolidated supervision but also at the level of the individual subsidiaries. Any credit institution within the scope of a group recovery plan shall not be obliged to meet the requirements as set out in Article 5.
Amendment 490 #
2012/0150(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The management body of the parent undertaking or institution subject to consolidated supervision referred to in paragraph 1 and the management body of institutions that are part of the group shall approve the group recovery plan before submitting it to the consolidating supervisor.
Amendment 985 #
2012/0150(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Without prejudice to the Union State aid framework, where applicable, the valuation required by paragraph 1 shall be based on prudent and realistic assumptions, including as to rates of default and severity of losses, and its objective shall be to assess the market value of the assets and liabilities of the institution that is failing or is likely to fail so that any losses that could be derived arepresent and future losses are fully recogniszed at the moment the resolution tools are exercised. However, whnd a proper assumption can be made in ordere the market for a specific asset or liability is not functioning properly the valuation may reflect the long term economic value of those assets or liabilitieo allow for the use of resolution tools. Valuation shall not assume the provision of extraordinary public support to the institution, regardless of whether it is actually provided.
Amendment 999 #
2012/0150(COD)
Proposal for a directive
Article 30 – paragraph 7 – subparagraph 1 – point d
Article 30 – paragraph 7 – subparagraph 1 – point d
Amendment 1000 #
2012/0150(COD)
Proposal for a directive
Article 30 – paragraph 7 – subparagraph 1 – point e
Article 30 – paragraph 7 – subparagraph 1 – point e
Amendment 1062 #
2012/0150(COD)
Proposal for a directive
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
Amendment 1068 #
2012/0150(COD)
Proposal for a directive
Article 37 – paragraph 3 – subparagraph 2
Article 37 – paragraph 3 – subparagraph 2
Amendment 1164 #
2012/0150(COD)
Proposal for a directive
Article 39 – paragraph 2 – point e a (new)
Article 39 – paragraph 2 – point e a (new)
(e a) EBA shall define a separate class of eligible liabilities referred to in paragraph 1. In this case the resolution authorities will exercise the write down and conversion powers first to these liabilities. The resolution authorities will exercise the write down and conversion powers only to other liabilities in case the write down and conversion of this separate class of eligible liabilities is not sufficient to fully fulfil the requirements as defined in Article 37, paragraph 2.
Amendment 1171 #
2012/0150(COD)
Proposal for a directive
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. The minimum aggregate amount pursuant to paragraph 1 shall be determined on the basis of the following criteria:by EBA setting one harmonized minimum aggregate amount of required bail-in debt for all banks.
Amendment 1608 #
2012/0150(COD)
Proposal for a directive
Article 99 – paragraph 2
Article 99 – paragraph 2
2. Unless Member States shall ensure that, under the national law governing normal insolvency proceedingsdecide otherwise, the depositor guarantee schemes rank pari passu withshall rank senior to unsecured non- preferred claims under national law governing insolvency proceedings.
Amendment 1668 #
2012/0150(COD)
Proposal for a directive
Annex 1 – section 1 – paragraph 1 – point 8
Annex 1 – section 1 – paragraph 1 – point 8
(8) a detailed description of the processes for determining the value and marketability of the core business lines, operations and assets of the institution and the effectiveness and viability of other potential measures included in the recovery plan;
Amendment 176 #
2012/0029(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The requirement that the settlement of the cash leg of the securities transaction be carried out by a separate legal entity acting as settlement agent is an important measure to increase the safety and resilience of CSDs. Such a separation between core services of CSDs and banking services ancillary to settlement appears indeed indispensible for eliminating any danger of transmission of the risks from the banking services, such as credit and liquidity risks, to the provision of core services of CSDs. There are no less intrusive measures availabIn order to increase the safety and resilience of securities settlement systems, the risk mitigation measures in the securities settlement systems applicable in particular to credit and liquidity risk should be reinforced. Taking into account the CPSS-IOSCO Principles for eliminating those credit and liquidity risks in order to ensFinancial Market Infrastructures, the envisaged level of safety and resilience of CSDs. However, in order to secure the efficiencies resulting from the provision of both CSDstrengthening of prudential requirements on the measurement, monitoring and bmanking services within the same group of undertakings, the requirement that banking services be carried out by a separate credit institution should not prevent that credit institution from belonging to the same group of undertakings as the CSD. If both CSD and banking serviagement of liquidity risk as well as the introduction of a full collateralization requirement for the credit exposures to each participant seem neces sare provided within the same group of undertakings, in order to increase the safety and efficiency of the services provided, the activities of the credit institution providing banking services should be limited to the provision of banking services ancillary to settlement. Furthermore, a derogation to the obligation to separate banking services ancillary to settlement from core CSD services should be available in the absence of any danger of transmission of credit and liquidity risks from the banking services to the provision of core services of CSDs. In order to ensure a consistent application of the possibility to derogate from the obligation on CSDs noty, irrespective of the legal structure of the settlement model. The stricter prudential requirements should help to foster the resilience and stability of the whole settlement system. Banking type of ancillary services may be carried out by a CSD or by a credit institution designated by the CSD for these specific services, if this designation is authorized by the competent authority. If a CSD designates a credit institution to provide any banking type of ancillary services, the Commissdesignation should be empowered to decide, at the request of a national competent authority, whether any such derogation is permitted in view of the absence of systemic risk incurred bynot prevent that credit institution from belonging to the same group of undertakings as the CSD in order to secure the efficiencies resulting from the provision of both CSD core and banking services bywithin the same legal entity. In any case, the activities of a CSD benefiting from any such derogation and authorised as a credit institutiongroup of undertakings. If both CSD and banking services are provided within the same group of undertakings, in order to increase the safety and efficiency of the services provided, the activities of the credit institution providing banking services should be limited exclusively to the provision of banking services ancillary to settlement.
Amendment 453 #
2012/0029(COD)
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3 a. A CSD shall allow its participants to open and to hold both omnibus securities accounts and single beneficiary securities accounts concurrently. Those services should be provided on reasonable commercial terms, including costs. Member States shall not prevent CSDs from fulfilling the obligation in the first subparagraph.
Amendment 520 #
2012/0029(COD)
Proposal for a regulation
Title 4
Title 4
Amendment 522 #
2012/0029(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Authorisation to provide banking type of ancillary services by designating an authorised credit institution
Amendment 586 #
2012/0029(COD)
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Amendment 631 #
2012/0029(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1 a. If a CSD authorised as a credit institution that has notified its competent authority according to Article 52a (3) is not in compliance with Article 57 (3) and (4) of this Regulation, the competent authority may notwithstanding any measures under the Directive 2006/48/EC withdraw the authorisation of the CSD in accordance with Article 18 of this Regulation.
Amendment 3 #
2011/2196(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is currently no adequate definition for the term ‘regional airport’; whereas, therefore, for the purposes of this report, regional airports shall be defined as ‘non-hub’ airports, using their own city code, regardless of passenger throughput, and ‘regional air service’ shall be defined as a flight departing from and/or landing at a regional airport;
Amendment 17 #
2011/2181(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that a ‘comply or explain’ approach isn the most appropriate framework to apply to EU listed companiesform of codes and best practices should be applied to EU listed companies where appropriate, but that it must be complemented by concrete legislation, as well as by regular external evaluation and appropriate regulatory oversight, providing a firm regulatory framework in which companies are accountable to the shareholders that provide their capital and are also required by law to report on their corporate governance practice;
Amendment 29 #
2011/2181(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to put in place definite initiatives to ensure better representation of women on boards of directors; emphasises that corporate management and remuneration policies must comply with and foster the principle of equal treatment of women and men established by EU directives;
Amendment 38 #
2011/2181(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that there is a lack of long-term focus within the market and urges the Commission to review all relevant legislation to assess whether any requirements have inadvertently added to short-termism; in particular calls on the Commission to abandon the requirement for quarterly reporting in the Transparency Directive, which adds little to shareholder knowledge and simply creates short-term trading opportunities. Calls on the Commission to bring forward legislative proposals in the field of company law to help address corporate governance and remuneration issues for all types of companies;
Amendment 10 #
2011/2150(INI)
Motion for a resolution
Recital C
Recital C
C. whereas effective complaint systems should be at the disposal of passengers if the service is not properly delivered or if any other rights guaranteed to the passengers are infringed, especially since passengers have already paid the price of the ticket before the service is provided and since tax-payers’ money contributes substantially to the subsidies received by air carriers;; (the deleted text doesn’t belong in this report)
Amendment 53 #
2011/2150(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 70 #
2011/2150(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to propose the obligation for air carrmake sure national authoritiers to provide for a final guarantee to covoversee the financial fitness of the carriers the liabilities of air carriers towards passengersy have licensed and to make sure stranded passengers can repatriate in the case of insolvency, bankruptcy or removal of an operating licence;
Amendment 89 #
2011/2150(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to examine measures that would allow passengers to correct booking errors or to withdraw from an online reservation; to withindraw from online reservations made more than 3 months before departure a cooling-off period of at least 48 hours following the initial booking must be taken into account;
Amendment 99 #
2011/2150(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to address the proliferation of unfairissue that passengers are also given the opportunity to buy tickets which avoid terms in air carrier contracts such as the non-transferability of tickets and the unfair requirement that passengers must use the outgoing part of a return ticket in order to be able to use the return part;
Amendment 117 #
2011/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls onUrges the Commission to incorporate the European Court of Justice’s interpretations of various definitions and terms, in particularcome up with clarifications on the notion of ‘extraordinary circumstances’ and rules for compensation, in any upcoming revision of the Regulation and assistance in cases of delays and right of redress;
Amendment 131 #
2011/2150(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 159 #
2011/2150(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Commission to revisew compensation criteria, levels and mechanisms; stresses that the currently applicable compensation levels should in no way be weakened, and that particular attention should be given to every passenger who has experienced long delays, irrespective of the cause in order to take fully into account the damages he has suffered with the aim of clarifying the criteria;
Amendment 80 #
2011/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the completion of the European internal transport market should be aimed for, without neglecting economic, employment and social aspects, and calls on the Commission to ensure that proposals on liberalising the airport, rail, road, and other markets do not lead to social dumping or private monopolies; stresses that guidelines on state aid for seaports are still urgently needed;
Amendment 104 #
2011/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that efficient co-modality in passenger and goods transport – measured in terms of economic efficiency, environmental protection, social and employment conditions and safety and security aspects, and geared to existing and planned infrastructure in individual countries and regions – should be the guiding idea for future transport policy, and that these parameters should be used to determine modal distribution in countries and regions rather than retaining the proposed 300 km threshold for goods transport by road;
Amendment 166 #
2011/2096(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that the same safety and security standards should apply to all kinds of passenger and goods transport at EU level and calls for a proposal to fund safety and security obligations, bearing in mind that, particularly in the case of maritime and air transport, international coordination is a prerequisite, and that current rules should be reviewed and/or replaced by 2015 to better integrate a risk-based approach where appropriate allowing to differentiate screening requirements by 2015;
Amendment 184 #
2011/2096(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Requests, by 2015, a proposal on urban mobility in which, whilst respecting the principle of subsidiarity, support for projects is made conditional upon the submission of urban mobility plans which provide for efficient passenger and goods logistics chains, contribute to a reduction in traffic volumes and environmental pollution (atmospheric pollution and noise), comply with the standards of European transport policy and are coherent with regard to surrounding towns and regions; stresses the importance of innovation and research for example on aerodynamics and the use of electronic vehicles for an efficient and environmental friendly urban mobility;
Amendment 216 #
2011/2096(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls for European guidelines clarifying the air transport passenger rights (EU 261) and the enforcement and interpretation of different national enforcement bodies with regard to EU 261;
Amendment 254 #
2011/2096(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the fact that direct improvements to, and the standardisation of, loading units and the dimensions of transport vehicles would optimise multi- modal transport; stresses that the European Commission should promote the use of LHVs in cross-border transport to achieve CO2 reduction and an optimalisation of transport;
Amendment 267 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 1
Paragraph 15 – indent 1
– another review of the rules on driving and rest times for passenger and goods transport, and the implementation thereof, by 2014, stresses that regarding the rules on driving and rest times uniform and fair enforcement with the emphasis on harmonisation of national systems in the EU is needed;
Amendment 301 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 4 a (new)
Paragraph 15 – indent 4 a (new)
- a roadmap for further completion of the internal market in the area of transport i.e. with regard to cabotage;
Amendment 319 #
2011/2096(INI)
Motion for a resolution
Paragraph 16 – indent 2
Paragraph 16 – indent 2
– continuing support for the NAIADES programme, with an assessment of its success to be carried out in 2013, following its expiry, and its retention to be considered, if appropriate follow-up programme agreed by 2013, following its expiry, containing appropriate instruments for a successful implementation;
Amendment 335 #
2011/2096(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– the dedication of at least 1025% of TEN-T funding to inland waterway projects and multi-modal connections and ports;
Amendment 352 #
2011/2096(INI)
Motion for a resolution
Paragraph 16 – indent 6
Paragraph 16 – indent 6
– the Commission to submit a proposal for rules governing port services by 2014review the implementation of the 2007 Ports Policy Communication by 2014, and to propose clear guidelines and non-legislative measures that will guarantee the level playing field and the creation of a greater balance between investment continuity and market openness;
Amendment 362 #
2011/2096(INI)
Motion for a resolution
Paragraph 17 – indent 1
Paragraph 17 – indent 1
– a proposal, by 2015, on the creation of a single European airspace by further reducing functional airspace blocks, with the Member States also being called upon to promote the implementation of the single European airspace; stresses that the deployment of SESAR through funding and governance is necessary in order to create the Single European Sky II;
Amendment 371 #
2011/2096(INI)
Motion for a resolution
Paragraph 17 – indent 3
Paragraph 17 – indent 3
– the Member States to implement the European trade in emissions certificates by 2012, with reference also to international agreements; and calls on the European Commission to assure an international level playing field;
Amendment 173 #
2011/2071(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that until further notice, the European Semester is the valid contribution to the implementation of the EU strategy and of anframework for the effective economic government, notablyance of the euro area Member States that are linked by a joint and common responsibility, and that behind the wording a process over the full yearbringing together the multilateral surveillance of budgetary and macroeconomic policies and the implementation of the European Strategy for Growth and Jobs as embodied in the EU2020 Strategy, and that much is at stake for EU institutions and Member States;
Amendment 176 #
2011/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the success of the Europe 2020 strategy depends on the commitment of the EU as a whole, and on ownership by Member States, and their national parliaments, local and regional authorities and social partners; recalls the importance of a strong and properly functioning social dialogue and collective agreements within the framework of the Europe 2020 strategy, as well as the promotion of a genuine European social dialogue on macroeconomic policies and measurin Member States;
Amendment 184 #
2011/2071(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the introduction of the ‘European Semester’ and enhanced fiscal and economic policy coordination should leave enough scope and flexibility of to the EU Member States to pursue atheir own effective alternative counter-cyclical strategy and stability policy, geared to distribution and development andbudgetary, economic and social strategy, providing for an adequate level of public services and infrastructure for EU citizens,;
Amendment 193 #
2011/2071(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7.Notes that the European Semester is now the annual framework for ensuring sustained convergence of the economic performance of the Member States and closer coordination of economic and fiscal policies and, as such, including the formulation and surveillance of the implementation of the broad guidelines of the economic policies of the Member States and of the Union (Broad Economic Policy Guidelines, the submission and assessment of Member States' Stability or Convergence Programmes, the submission and assessment of Member States' National Reform Programmes supporting the Union's strategy for growth and jobs, the surveillance to prevent and correct macroeconomic imbalances), the formulation and examination of the implementation of the employment guidelines; recalls that the European Semester shall take place without prejudice to the powers of the European Parliament conferred on it by the TFEU; calls on the Commission to develop proposals establishing how these different instruments are differentiated, create spill- over effects across policy areas and fit together;
Amendment 210 #
2011/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that steps needed to improve the European economic governance capacity should not lead to any deficit in democratic legitimacy and accountability; warns, therefore, against a set-up of the Annual Growth Survey as a bureaucratic act which lacks the approval of the European Parliamentbe accompanied by similar steps to improve the democratic legitimacy and accountability;
Amendment 215 #
2011/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 220 #
2011/2071(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 227 #
2011/2071(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15.Calls on the Commission, when drawing up the Annual Sustainability GuidelinesGrowth Survey, to draw upon heterodox broad scientific expertise to the greatest extent possible and to take relevant recommendations of the European Parliament into account;
Amendment 230 #
2011/2071(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission clearly to assess, in the Annual Sustainability GuidelinesGrowth Survey, the main economic problems of the EU and individual Member States, and to propose priority measures to overcome those problems, and to identify the inienhance competiatives taken by the Union and theness and economic growth in Member States to supporthrough long-term structural reforms and investment, to remove obstacles to growth, achieve the targets laid down in the Treaties and the current economic strategy, implement the 7 flagships and reduce macroeconomic imbalances;
Amendment 236 #
2011/2071(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and Council to ensure that policy guidance for fiscal consolidation and structural reforms are fully coheris complemented and consistentmpatible with the Union's objectives of social and sustainable developmen strategy for growth and jobs; reiterates that these inter linkages should not provide for exemptions to the provisions of the Stability and Growth Pact; considers that, in defining and implementing the Annual Sustainability GuidelinesGrowth Survey, the Union must take into account the impact of developments in micro-financial legislation, in particular prudential regulation, on long-term investment stimulating sustainable growth and job creation; believes that the country-specific recommendations need to be subject ofshould be accompanied by social impact assessments so as to ensure tha, taking into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training, retraining and protection of human health are met;
Amendment 243 #
2011/2071(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to identify explicitly in the Annual Sustainability GuidelinesGrowth Survey potential cross-border spill- over effects of major economic policy measures implemented at the EU level as well as in Member States;
Amendment 248 #
2011/2071(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the commissioners responsible for the European Semester to come and debate the Annual Sustainability GuidelinesGrowth Survey with the relevant EP committees as soon as it has been adopted by the Commission;
Amendment 262 #
2011/2071(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Council to come to Parliament to explain and justify any significant changes it has made to the Commission’s proposed recommendations; request the Commission to take part in this hearing to provide its views on the situation;
Amendment 266 #
2011/2071(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission and the Council to step up the role of the macroeconomic dialogue introduced by the Cologne Council in June 1999 so as to improve the interaction among those responsible for wage development, and fiscal and monetary policy;
Amendment 271 #
2011/2071(INI)
Motion for a resolution
Paragraph 27 a
Paragraph 27 a
27 a. Takes note that the crisis and the developments especially inside the euro area call for an upgrading of the European dimension of the economic policies of its Member States, calls on the EP to adapt to this evolution;
Amendment 275 #
2011/2071(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Takes noteReminds that the EP has notis in the process of adapteding its structure to the evolution brought by the Lisbon treaty regarding the new role and powers of the President of the European Council and the Eurogroup, and intends to use its increased powers to their full extent;
Amendment 279 #
2011/2071(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 282 #
2011/2071(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 286 #
2011/2071(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is concerned abouReminds that the democratic legitimacy inof the introduction of the European Semester, maintains that the Parliament, NEuropean Semester at the European level should be ensured by the European Parliament, recognizes that national Pparliaments as well as local and Rregional elected representatives have a crucial role to play in establishing the necessary democratic legitimacynational ownership;
Amendment 290 #
2011/2071(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Intends to organise, from 2013, prior to the Spring European Council each year, an interparliamentary forum at the European Parliament for members of the competent national parliamentary committees, recommends that this meeting be an integrated part of the annual meeting organised by the Economic and Monetary Affairs Committee for members of national parliaments; proposes that this forum include meetings of the political groups and the relevant committees, along with a plenary sitting affording an opportunity to adopt a joint resolution in preparation for the Spring European Council; instructs its President to represent it at the European Spring Council on the basis of the resolution thus adopted; invites the European social partners to participate in this meeting and provide their views;
Amendment 297 #
2011/2071(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. UnderlRemineds the need forat country- specific recommendations to be based onare subject to democratic procedures; warns against the establishment of any practice that lacks parliamentary approval at the European and national level; notes that this applies especially to recommendations which could undermine social regulation and parliamentary scrutiny;
Amendment 302 #
2011/2071(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 306 #
2011/2071(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Intends to conduct an audit hearing of the Union's macroeconomic situation in the autumn, having recourse to heterodox and international external independent advice and in consultation with the relevant stakeholders, and in particular the social partners, in order to foster debate and obtain a second opinion on economic issues in preparation for its discussions with the Commission prior to the drafting of the Annual Growth Survey;
Amendment 329 #
2011/2071(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls for the development of the concept of a European Treasury to strengthen the implementation capacity of the European semester and the economic pillar of EMUWelcomes the strengthening of the implementation capacity of the European semester and the economic and fiscal pillar of EMU; underlines that the EU should continue working on enhanced coordination and further strengthening of the independent role of the European Commission in multilateral budgetary and economic surveillance;
Amendment 335 #
2011/2071(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Underlines that the policy guidance to Member States partly concerns policy areas like wages and pensions that in line with Article 153 of the TFEU fall under the competences of Member States and social partners; eEmphasizes that democratic accountability needs to be ensured and the principles of subsidiarity and social dialogue are to be respected in order to preserve the policy space required for National implementation; ; Or. eenen
Amendment 79 #
2011/0391(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To allow air carriers to adapt to imperative situations of urgency, such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers, affecting a larger part of the scheduling period, the Commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports. These measures will allow air carriers to retain priority for thein allocation ofng the same series for the following scheduling period even if the 850% rate has not been met.
Amendment 104 #
2011/0391(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13) ‘'series of slots’' shall mean at least 15 slots for a summer scheduling period and 10 slots for a winter scheduling periodhaving been requested for the same time on the same day of the week for consecutive weeksregularly in the same scheduling period and allocated by the coordinator on that basis or, if that is not possible, allocated at approximately the same time, unless agreed otherwise through a local rule under the conditions as referred to in Article 9, paragraph 8 of this Regulation;
Amendment 213 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) that air carrier can demonstrate to the satisfaction of the coordinator that the series of slots in question has been operated, as cleared by the coordinator, by that air carrier for at least 850 % of the time during the scheduling period for which it has been allocated.
Amendment 228 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – introductory part
Article 10 – paragraph 5 – subparagraph 1 – introductory part
If the 850 % usage of the series of slots cannot be demonstrated, the priorityhistorical precedence provided under paragraph (2) shall not be given , unless the non- utilisation can be justified on the basis of any of the following reasons:
Amendment 299 #
2011/0391(COD)
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Without prejudice to Article 10(5), if the 850 % usage rate as defined in Article 10(2) cannot be achieved by an air carrier, the coordinator may decide to withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool after having consulted the air carrier concerned.
Amendment 302 #
2011/0391(COD)
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Without prejudice to Article 10(5), if after an allotted time corresponding to 1520 % of the period of the series validity no slots of that series of slots have been used, the coordinator shall place the series of slots in question in the pool for the remainder of the scheduling period, after having consulted the air carrier concerned. The coordinator may decide to withdraw the series of slots before the end of a period corresponding to 1520 % of the period of validity of the series if the carrier does not show that it intends to use them.
Amendment 298 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point c
Article 11 – paragraph 4 – subparagraph 1 – point c
(c) request permissionobtain the approval from the audit committee to provide theany non-audit services referred to in Article 10(3)(b)(i) and (ii) to the audited entity, other than the prohibited services referred to in Article 10(3) and the audit related and other assurance services referred to in Article 10(2), to the audited entity or to its controlled undertakings in the European Union;
Amendment 374 #
2011/0359(COD)
Proposal for a regulation
Article 31 – paragraph 5 – point f
Article 31 – paragraph 5 – point f
(f) authorise, on a case by case basis,pprove the provision by the statutory auditor or audit firm of the services referred to in Article 10(3)(b)(i) and (ii) of this Regulation to the audited entityall non-audit services other than the prohibited services referred to in Article 10(3) and the audit related and other assurance services referred to in Article 10(2), to the audited entity and its controlled undertakings in the Union.
Amendment 425 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew thise audit engagement only once. , provided that the renewal is proposed by the audit committee and approved by the shareholders’ meeting.
Amendment 29 #
2011/0307(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2004/109/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The home Member State may not make a holder of shares, or a natural person or legal entity referred to in Articles 10 or 13, subject to requirements more stringent than those laid down in this Directive, except setting lower notification thresholds than those laid down in Article 9(1). The home Member State shall ensure that issuers are not allowed to set additional notification thresholds in their articles of association.
Amendment 241 #
2011/0302(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘bottleneck’ means a physical barrier that leads to a system break affecting the continuity of long-distance flows. Such a barrier can be absorbed by new infrastructure such as bridges, locks, groynes, bottom sills or tunnels that address problems as for example gradients, curve radii, gauge. The need to upgrade existing infrastructure shall not be considered as a bottlenecbridge clearance, fairway dimensions gauge or by upgrading intermediate lower classified sections of infrastructure to the level of the rest of the network;
Amendment 427 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b – point ii
Article 10 – paragraph 2 – point b – point ii
(ii) inland transport connections to ports and airports, actions supporting new technologies leading to sustainable innovation for all modes of transport, actions to reduce rail freight noise by retrofitting of existing rolling stock, as well as development of maritime and inland ports and multi-modal platforms: the amount of Union financial aid shall not exceed 20% of the eligible cost.
Amendment 626 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 2 – row 4 a (new)
Annex – Part I – point 2 – row 4 a (new)
Rhine-Waal- IWW multimodal connections Noordzeekanaal
Amendment 627 #
2011/0302(COD)
Amsterdam locks and IWW studies ongoing, port; Amsterdam Rijnkanaal- including Beatrix lock IJmuiden new sealock upgrade
Amendment 672 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 9 – row 2
Annex – Part I – point 9 – row 2
Maas, including upgrading, multimodal IWW Maaswerken upgrading connections
Amendment 673 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 9 – row 2 a (new)
Annex – Part I – point 9 – row 2 a (new)
Rhine-Scheldt -corridor: Lock upgrading Volkeraklock and Kreekraklock, Krammerlock and Lock Hansweert
Amendment 674 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 9 – row 6 a (new)
Annex – Part I – point 9 – row 6 a (new)
Rotterdam - Antwerp Rail upgrading rail freight line
Amendment 675 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 9 – row 7
Annex – Part I – point 9 – row 7
Canal Seine - EscautNord - IWW design completed, Connection Seine-Scheldt competitive dialogue launched, overall completion by 2018, upgrading including cross-border and multimodal connections
Amendment 292 #
2011/0298(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In order to give all relevant information to investors, it is appropriate to require investment firms providing investment advice to clarify the basis of the advice they provide, notably the range of products they consider in providing personal recommendations to clients, whether they provide investment advice is provided on an independent basis and whether they investment firms provide the clients with the on-goingperiodic assessment of the suitability of the financial instruments recommended to them. It is also appropriate to require investment firms to explain their clients the reasons of the advice provided to them. In order to further define the regulatory framework for the provision of investment advice, while at the same time leaving choice to investment firms and clients, it is appropriate to establish the conditions for the provisions of this service when firms inform clients that the seradvice is provided on an independent basis. In order to strengthen the protection of investors and increase clarity to clients as to the service they receive, it is appropriate to further restrict the possibility for firms to accept or receive inducements from third parties, and particularly from issuers or product providers, when providing the investment services of investment advice on an independent basis and the service of portfolio management, portfolio management or another investment service whereby the client relies upon the judgement of the investment firm. In such cases, only limited non-monetary benefits such as training on the features of the products or the provision of investment research should be allowed subject to the condition that they do not impair the ability of investment firms to pursue the best interest of their clients, as further clarified in Directive 2006/73/EC.
Amendment 441 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. ESMA shall develop draft regulatory technical standards to specify the criteria for determining whether an activity is ancillary to the main business, taking into account at least the following: (a) the extent to which the activity is objectively measurable as reducing risks directly related to the commercial activity or treasury financing activity; (b) the capital employed for carrying out the activity and the risk stemming from the activity, both as a proportion to the activities of the group; (c) the activity relates solely to the management of commodity risks or other risks arising from the commercial business of the group.
Amendment 572 #
2011/0298(COD)
Proposal for a directive
Article 16 – paragraph 12 a (new)
Article 16 – paragraph 12 a (new)
12a. An investment firm shall have in place a product approval process and shall take all the necessary operational and procedural measures to implement this product approval process. Before investment products and financial instruments are placed or distributed in the market, these products and instruments need approval according to the product approval process. All the relevant risks shall be carefully assessed and products and instruments shall only be placed or distributed when this is in the interests of the targeted group of clients. The product approval process shall be reviewed annually. An investment firm shall at all times be able to provide its Competent Authority an up to date and detailed description of the nature and details of its product approval process.
Amendment 580 #
2011/0298(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. An investment firm that engages in algorithmic trading shall at least annuallyall times be able to, and at least annually on its own initiative, provide to its home Competent Authority an up to date and detailed description of the nature of its algorithmic trading strategies, details of the trading parameteres or limits to which the system is subject, the key compliance and risk controls that it has in place to ensure the conditions in paragraph 1 are satisfied and details of the testing of its systems. The investment firm shall arrange for records to be kept in relation to the matters above, and shall assure for these to be sufficient to enable the Competent Authority to monitor compliance with the requirements of this Directive, [MiFIR], and [MAR]. A competent authority may at any time request the above and further information from an investment firm about its algorithmic trading and the systems used for that trading.
Amendment 593 #
2011/0298(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. An algorithmic trading strategyinvestment firm that takes part in a market making scheme offered by a trading venue shall enter into a binding written agreement between the firm and the trading venue regarding the essential obligations arising from the participation in the market making scheme and shall adhere to the terms and conditions of that scheme, including, but not limited to, liquidity provision under prevailing market conditions. The investment firm shall have in place effective systems and risk controls to ensure that it can fulfill its obligations under the binding written agreement at all times. Any algorithmic trading strategy deployed by an investment firm in order to take part in a market making scheme shall be in continuous operation during the trading hours of the trading venue to which it sends orders or through the systems of which it executes transactions, unless provided otherwise by the provisions of the binding written agreement. The trading parameters or limits of an algorithmic trading strategy shall ensure that the strategy posts firm quotes at competitive prices with the result of providing liquidity on a regular and ongoing basis to these trading venues at all times, regardless offor a minimum proportion of continuous trading hours, taking into account prevailing market conditions, rules and regulations.
Amendment 647 #
2011/0298(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall require that investment firms and market operators operating an OTFs establish arrangements preventing the execution of client orders in an OTF against the proprietary capital of the investment firm or market operator operating the OTF, except where the proprietary capital is applied to enable the investment firm to fulfil orders initiated by clients, respond to a client's request to trade or otherwise obtain best execution on behalf of its client; or execute a hedge to unwind the risk related to client trades or reflect interests and positions that emanate from risks that it warehouses on the back of client trades. The deployment of proprietary capital in an OTF shall be subject to strict order handling rules to prevent conflicts of interest and the investment firm shall disclose to its clients how its proprietary capital may be applied in the OTF. The investment firm operating an OTF shall not act as a systematic internaliser in an OTF operated by itself. An OTF shall not connect with another OTF in a way which enables orders in different OTFs to interact.
Amendment 725 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 5 – introductory part
Article 24 – paragraph 5 – introductory part
5. When the investment firm informs the client that investment advice is provided the firm shall also inform the client whether the financial instruments recommended will be limited to financial instruments issued or provided by entities having close links with the investment firm. When the investment firm informs the client that investment advice is provided on an independent basis, the firm:
Amendment 769 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
6. When providing portfolio management, investment advice or another service whereby the client is entitled to rely upon its judgement, the investment firm shall not accept or receive fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients.
Amendment 989 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
1a. Member States shall require a regulated market to have in place market making schemes and to ensure that a sufficient number of investment firms take part in such schemes, who will post firm quotes at competitive prices with the result of providing liquidity to the market on a regular and ongoing basis for a minimum proportion of continuous trading hours, taking into account prevailing market conditions, rules and regulations, unless such a requirement is not appropriate to the nature and scale of the trading on that regulated market. Member States shall require a regulated market to enter into a binding written agreement between the regulated market and the investment firm regarding the obligations arising from the participation in such a scheme, including but not limited to liquidity provision. The regulated market shall be responsible for ensuring that the investment firm complies with the requirements of such binding written agreements. The regulated market shall inform its Competent Authority about the content of the binding written agreement and shall satisfy its Competent Authority of its compliance with the requirements in this paragraph. ESMA shall develop guidelines regarding which investment firms are obliged to enter into the binding written agreement referred to in this paragraph.
Amendment 1034 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 7 – introductory part
Article 51 – paragraph 7 – introductory part
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 94, and after consultation with ESMA, concerning the requirements laid down in this Article, and in particular:
Amendment 1051 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 7 – point e a (new)
Article 51 – paragraph 7 – point e a (new)
(ea) to set out clear conditions under which a regulated market shall ensure that investment firms take part in a market making scheme;
Amendment 1055 #
2011/0298(COD)
Proposal for a directive
Article 51 – paragraph 7 – point e b (new)
Article 51 – paragraph 7 – point e b (new)
(eb) to ensure market making schemes are fair and non-discriminatory and to establish minimum market making obligations that regulated markets must adhere to when designing a market making scheme and the conditions under which the requirements to have in place a market making scheme is not appropriate;
Amendment 1220 #
2011/0298(COD)
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
(d) require existing telephone and existing data traffic records or equivalent records referred to in Article 16(7) held by investment firms where a reasonable suspicion exists that such records related to the subject- matter of the inspection may be relevant to prove a breach by the investment firm of its obligations under this Directive; these records shall however not concern the content of the communication to which they relate;
Amendment 1320 #
2011/0298(COD)
Proposal for a directive
Annex 2 – part II – point II.1 – paragraph 6
Annex 2 – part II – point II.1 – paragraph 6
Member States mayshall adopt specific and stringent criteria for the assessment of the expertise and knowledge of municipalities and local public authorities requesting to be treated as professional clients. These criteria can be alternative or additional to the ones listed in the previous paragraph.
Amendment 526 #
2011/0296(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Financial counterparties as defined in Article 2(6) and non financial counterparties that meet the conditions referred to in Article [5(1b)] of Regulation [ ] (EMIR) shall conclude transactions which are not intragroup transactions as defined in Article [2a] of Regulation [ ] (EMIR) or which are not transactions by pension scheme arrangements as set out in Article [71] of Regulation [ ] (EMIR) for the period referred to in Article [68(1a)] of Regulation [ ] (EMIR) with other financial counterparties as defined in Article 2(6) or non financial counterparties that meet the conditions referred to in Article [5(1b)} of Regulation [ ] (EMIR) in derivatives pertaining to a class of derivatives that has been declared subject to the trading obligation in accordance with the procedure set out in Article 26 and listed in the register referred to in Article 27 only on:
Amendment 770 #
2011/0296(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. A third country firm may provide the serinvestment advice as listed in Article 30nnex I section A of Directive [new MiFID] to eligible counterparties and professional clients established in the Union without the establishment of a branch only where it is registered in the register of third country firms kept by ESMA in accordance with Article 37.
Amendment 339 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) the ability to require existing telephone and existing data traffic records held by a telecommunication operator or by an investment firm, where a reasonable suspicion exists that such records related to the subject-matter of the inspectionn investment firm, where such records may be relevant to prove insider dealing or market manipulation as defined in[new MAD] in violation of this Regulation or Directive [new MAD]; these records shall however not concern the content of the communication to which they relate.]where a reasonable suspicion exists that such records may be relevant to prove the criminal offences of insider dealing or market manipulation as defined in [new MAD].
Amendment 344 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f a (new)
Article 17 – paragraph 2 – point f a (new)
(f a) the ability to require, insofar as permitted by national law, existing telephone and existing data traffic records held by a telecommunication operator, where such records may be relevant to prove insider dealing or market manipulation in violation of this Regulation. These records shall not include the content of voice communications by telephone;
Amendment 347 #
2011/0295(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f b (new)
Article 17 – paragraph 2 – point f b (new)
(f b) the ability to require, insofar as is permitted by national law, existing telephone and existing data traffic records held by a telecommunication operator where a reasonable suspicion exists that such records may be relevant to prove the criminal offences of insider dealing or market manipulation as defined in [new MAD].
Amendment 207 #
2011/0294(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) ‘urban node’ means an urban area where the transport infrastructure of the trans-European transport network, such as ports, airports, logistic platforms, freight and passenger terminals located in and around an urban area is connected with other parts of that infrastructure and with the infrastructure for regional and local traffic;
Amendment 415 #
2011/0294(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Port-associated equipment shall enable in particular propulsion and operating systems which reduce pollution, energy consumption and carbon intensity. It includes waste reception faciliti, including waste reception facilities. It shall include equipment for icebreaking, hydrological surveys, dredging of ports and port entrances to ensure year round navigability, and equipment for the boarding and alighting of passengers and the loading and unloading of cargo in ports, logistic platforms and freight terminals. It shall also include any facility to ensure the safe, secure and efficient operation of vehicles.
Amendment 430 #
2011/0294(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) rivers, canals and lakes comply with the minimum requirements for class IV waterways and continuous bridge clearance as laid down in the European Agreement on Main Inland Waterways of International Importance (AGN) on the new classification of inland waterways and ensure continuous bridge clearancein full compliance with the provisions laid down in Articles 41 and 42 of the Guidelines.
Amendment 436 #
2011/0294(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(b a) Rivers, canals and lakes shall guarantee "good navigation status" through close coordination and standards on minimum service levels to the navigation function as well as on waterway infrastructure maintenance and safety coordination across waterways.
Amendment 442 #
2011/0294(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) where appropriate, achieving higher standards than ifor modernising and for new waterways in accordance with the technical and operational characteristics of the European Agreement on Main Inland wWaterways class IV,of International Importance (AGN) on the new classification of inland waterways in order to meet market demands;
Amendment 449 #
2011/0294(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(d a) the promotion of inland waterways transport
Amendment 641 #
2011/0294(COD)
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45 a 3. Without prejudice to the provisions of Article 17 as regards inland waterway transport infrastructure, at the request of a Member State, exemptions from the minimum requirements may only be granted by the Commission in duly justified cases as long as the proportionality of the exemption can be demonstrated and the implementation of the core network is ensured.
Amendment 674 #
2011/0294(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3 a. Core network corridors shall include the existing cooperation structure of rail freight corridors set up in accordance with Regulation (EU) No 913/2010 whose work shall be integrated into the work of the core network corridors. The alignment of rail freight corridors shall be adapted to correspond to the alignment of the core network corridors and take full account of their new multimodal dimension.
Amendment 979 #
2011/0294(COD)
Proposal for a regulation
Annex II – Section 2 a (new)
Annex II – Section 2 a (new)
Amendment 67 #
2011/0203(COD)
Proposal for a directive
Recital 57
Recital 57
(57) In order to ensure that countercyclical buffers properly reflect the risk to the banking sector of excessive credit growth, credit institutions and investment firms should calculate their institution specific buffers as a weighted average of the counter-cyclical buffer rates that apply for the countries where their credit exposures are located. Every Member State should therefore designate an authority responsible for quarterly setting the level of the Countercyclical Capital Buffer rate for exposures located in that Member State. That buffer rate should be based on the buffer guidance of the ESRB. The buffer guidance by the ESRB should take into account the growth of credit levels and changes to the ratio of credit to GDP in that Member States, and any other variables relevant to the risks to financial stability.
Amendment 68 #
2011/0203(COD)
Proposal for a directive
Recital 58
Recital 58
(58) In order to promote international consistency in setting Countercyclical Capital Buffer rates, BCBS has developed a methodology on the basis of the ratio between credits and GDP. This should serve as a common starting point for decisions on buffer rates by the relevant national authoritiesguidance by ESRB, but should not give rise to an automatic buffer setting or bind the designated authority. In particular, designated authoritiesESRB. In particular, ESRB could also take into account structural variables and the exposure of the banking sector to any other risk factors related to risks to financial stability.
Amendment 70 #
2011/0203(COD)
Proposal for a directive
Recital 60
Recital 60
(60) It is appropriate that dDecisions of Member States on countercyclical buffer rates are coordinated as far as possibleshould be fully coordinated in order to ensure a level playing field between institutions as well as between national authorities. In this regard, the ESRB, if requested by should give national authorities, c principal guidance on calculating buffer rates and should facilitate discussions among them about their proposed buffer settings. In order to promote a consistent approach to the factors on which designated authorities base those decisions, and to ensure that the setting of countercyclical buffer rates is consistent with the fundamental principles of the internal market, designated authorities should also be required to notify the ESRB and prior approval of EBA in consultation withe ESRBA whenever they take into account variables other than the deviation of the ratio of credit-to- GDP from its long term trend and related guidance from the ESRB, and as a result set a buffer rate that is higher than it would have been if those variables had not been taken into account. The purpose of such notification should be for the ESRB and the EBA to assess the nature of those variables and setting or maintaining buffer requirements in excess of 2,5% every six months. When taking this decision, EBA and ESRB should ensure the consistency of the setting of the buffer rate with the internal market principles.
Amendment 71 #
2011/0203(COD)
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) Systemically relevant institutions and systemic risk associated with these institutions need to be addressed in the context of the European internal market and not in fragments of this market. In this regard, EBA should, in consultation with the ESRB, identify systemic institutions within the European Union. Proportionate to their size, complexity, substitutability as well as other factors that create systemic relevance, EBA should require a systemic institution to maintain an appropriate systemic buffer up to 2,5% of its total risk exposure amount. Where a systemic institution fails to meet in full the systemic buffer requirement, EBA may restrict distributions in connection with Common Equity Tier 1 capital, restrict payments on Additional Tier 1 instruments and restrict variable remuneration and discretionary pension benefits. The Commission should, after consulting EBA and the ESRB, review the setting of systemic buffer rates and, if appropriate, submit a legislative proposal to the European Parliament and the Council.
Amendment 73 #
2011/0203(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Technical standards in financial services should ensure consistent harmonisation and adequate protection of depositors, investors and consumers across the Union. As a body with highly specialised expertise, it would be efficient and appropriate to entrust EBA with the elaboration of draft regulatory and implementing technical standards which do not involve policy choices, for submission to the Commission. EBA should ensure efficient administrative and reporting processes when drafting regulatory technical standards.
Amendment 87 #
2011/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) 'systemic institution' means an institution which in case of failure or malfunction could lead to systemic risk within the European Union;
Amendment 88 #
2011/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c b (new)
Article 4 – paragraph 2 – point c b (new)
(cb) 'systemic risk' means a risk of disruption in the financial system with the potential to have serious negative consequences for the financial system and the real economy;
Amendment 89 #
2011/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c c (new)
Article 4 – paragraph 2 – point c c (new)
(cc) 'systemic buffer' means the own funds ratio that a specific systemic institution is required to maintain in accordance with Article 130a(new);
Amendment 112 #
2011/0203(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In case of exemptions exercised by the competent authorities in accordance with Article 9 of Regulation [inserted by OP], Articles 17, 33, 34, 35, 36(1)-(3) and 39-46, 39-46, Section II of Chapter 2 of Title VII, and Chapter 4 of Title VII of this Directive shall apply to the whole as constituted by the central body together with its affiliated institutions.
Amendment 347 #
2011/0203(COD)
Proposal for a directive
Article 89 – point c
Article 89 – point c
(c) no variable remuneration is paid to the persons who effectively direct the business of the institution within the meaning of Article 13(1) unless justified.
Amendment 356 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point f
Article 90 – paragraph 1 – subparagraph 1 – point f
(f) institutions shall set the appropriate ratios between the fixed and the variable component of the total remuneration, thereby taking into account that, as a rule, the variable component shall not exceed the fixed component of total remuneration;
Amendment 462 #
2011/0203(COD)
Proposal for a directive
Article 125 – paragraph 1 – point a
Article 125 – paragraph 1 – point a
(a) principles to guide designated authorities when exercising their judgement as to the appropriate countercyclical buffer rate, ensure that authorities adopt a sound approach to relevant macro-economic cycles and promote sound and consistent decision- making across jurisdictions;
Amendment 464 #
2011/0203(COD)
Proposal for a directive
Article 125 – paragraph 1 – point c
Article 125 – paragraph 1 – point c
(c) guidance on variables that indicate or might indicate the build-up of system-wide risk in a financial systemassociated with periods of excessive credit growth in a financial system, in particular the relevant credit-to-GDP-ratio and its deviation from the long-term trend, and on other relevant factors that should inform the decisions of designated authorities on the appropriate countercyclical buffer rate under Article 126;
Amendment 473 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 2 – introductory part
Article 126 – paragraph 2 – introductory part
2. Each designated authority shall calculate for every quarter a buffer guide as a reference to guide its exercise of judgement in setting the countercyclical buffer rate in accordance with paragraph 3. The buffer guide shall be based on the deviation of the ratio of credit-to-GDP from its long-term trend, taking into account:guidance of the ESRB referred to in Article 125 (b)(ii).
Amendment 474 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 2 – point a
Article 126 – paragraph 2 – point a
Amendment 476 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 2 – point b
Article 126 – paragraph 2 – point b
Amendment 479 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 3 – point c
Article 126 – paragraph 3 – point c
Amendment 481 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 4 – subparagraph 1
Article 126 – paragraph 4 – subparagraph 1
Amendment 484 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 4 – subparagraph 2
Article 126 – paragraph 4 – subparagraph 2
Amendment 489 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 4 – subparagraph 3
Article 126 – paragraph 4 – subparagraph 3
Amendment 494 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 5
Article 126 – paragraph 5
5. The countercyclical buffer rate, expressed as a percentage of the total risk exposure amount referred to in Article 87(3) of Regulation [inserted by OP(EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms] of institutions that have credit exposures in that Member State, must be between 0% and 2.5%, calibrated in steps of 0.25 percentage points or multiples of 0.25 percentage points.Where justified in view of the considerations set out in paragraph 3, and prior to approval of EBA in consultation with ESRB, a designated authority may set a countercyclical buffer rate in excess of 2.5% of the total risk exposure amount referred to in Article 87(3) of Regulation [inserted by OP] for the purpose set out in Article 130(3)(EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms] for the purpose set out in Article 130(3). The designated authority shall review its decision regularly and shall obtain approval from EBA, in consultation with ESRB, to maintain a buffer requirement in excess of 2,5% every six months.
Amendment 495 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 6
Article 126 – paragraph 6
6. When a designated authority sets the countercyclical buffer rate above zero for the first time, or when thereafter a designated authority increases the prevailing countercyclical buffer rate setting, it shall also decide the date from which the institutions must apply that increased buffer for the purposes of calculating their institution specific countercyclical capital buffer. That date may be no later thanshall be 12 months after the date when the increased buffer setting is announced in accordance with paragraph 8. If the date is less than 12 months after the increased buffer setting is announced, that shorter deadline for application shall be justified by exceptional circumstances.
Amendment 497 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 8 – subparagraph 1 – point b
Article 126 – paragraph 8 – subparagraph 1 – point b
Amendment 498 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 8 – subparagraph 1 – point d
Article 126 – paragraph 8 – subparagraph 1 – point d
(d) a justification for that buffer rate, including by reference to any variables other than those covered by the buffer guide that the designated authority took into account in accordance with point (c) of paragraph 3 when setting the countercyclical buffer rate;
Amendment 499 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 8 – subparagraph 1 – point f
Article 126 – paragraph 8 – subparagraph 1 – point f
Amendment 500 #
2011/0203(COD)
Proposal for a directive
Article 126 – paragraph 8 – subparagraph 1 – point h
Article 126 – paragraph 8 – subparagraph 1 – point h
Amendment 508 #
2011/0203(COD)
Proposal for a directive
Article 127 – paragraph 2 a (new)
Article 127 – paragraph 2 a (new)
2a. EBA and the ESRB shall ensure supervisory convergence across jurisdictions in terms of the application of the calculation methodology for the buffer requirements.
Amendment 512 #
2011/0203(COD)
Proposal for a directive
Article 129 – paragraph 3 – subparagraph 2
Article 129 – paragraph 3 – subparagraph 2
When exercising the power under the first sub-paragraph, a designated authority shall not set a countercyclical buffer rate below the level set by the relevant third country authority unless that buffer rate exceeds 2.5%, expressed, as a percentage of the total risk exposure amount referred to in Article 87(3) of Regulation [inserted by OP] of institutions that have credit exposures in that third country. (EU) No. .../2012 of ... [on prudential requirements for credit institutions and investment firms] of institutions that have credit exposures in that third country. EBA and the ESRB shall ensure the consistency of third country buffer rates across jurisdictions.
Amendment 513 #
2011/0203(COD)
Proposal for a directive
Article 129 – paragraph 4
Article 129 – paragraph 4
4. Where a relevant third country authority sets a countercyclical buffer rate for a third pursuant to paragraph 2 or 3 which increases the existing applicable countercyclical buffer rate, it shall decide the date from which domestically authorised institutions must apply that buffer rate for the purposes of calculating their institution specific countercyclical capital buffer. That date shall be no later than 12 months from the date when the buffer rate is announced in accordance with paragraph 5. If that date is less than 12 months after the setting is announced, that shorter deadline for application must be justified by exceptional circumstances.
Amendment 514 #
2011/0203(COD)
Proposal for a directive
Article 129 – paragraph 5 – point d
Article 129 – paragraph 5 – point d
Amendment 521 #
2011/0203(COD)
Proposal for a directive
Section II a (new)
Section II a (new)
Amendment 544 #
2011/0203(COD)
Proposal for a directive
Article 150 – paragraph 4 a (new)
Article 150 – paragraph 4 a (new)
4a. By 31 December 2014, the European Commission shall, after consulting EBA and ESRB, review Article 130a on setting systemic buffer rates, taking into account internationally agreed standards for systemic institutions and, if appropriate, submit a legislative proposal to the European Parliament and the Council.
Amendment 194 #
2011/0202(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) Credit institutions and investment firms should hold a diversified stock of liquid assets that they can use to cover liquidity needs in a short term liquidity stress. When they use the, which should be reflected in the definition of the Liquidity Coverage Ratio (LCR). A concentration of assets and overreliance on market liquidity creates systemic risk to the financial sector and should be avoided. It would therefore be appropriate to promote a diversified and high quality liquidity buffer consisting of different asset categories. As these asset categories contain instruments with differing liquidity characteristics, appropriate haircuts have to be set. When credit institutions use the liquidity stock, they should put in place a plan to restore their holdings of liquid assets and competent authorities should ensure the adequacy of the plan and its implementation.
Amendment 214 #
2011/0202(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) Technical standards in financial services should ensure harmonisation, uniform conditions and adequate protection of depositors, investors and consumers across the Union. As a body with highly specialised expertise, it would be efficient and appropriate to entrust EBA with the elaboration of draft regulatory and implementing technical standards which do not involve policy choices, for submission to the Commission. EBA should ensure efficient administrative and reporting processes when drafting regulatory technical standards.
Amendment 250 #
2011/0202(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 22 a (new)
Article 4 – paragraph 1 – point 22 a (new)
(22a) 'public sector bank' means a credit institution that has been set up and is owned by a Member State's central government, regional government or local authorities and whose business model is to primarily provide funding for the local public sector, the regional public sector and providers of services of general economic interest;
Amendment 304 #
2011/0202(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Competent authorities may waive the application of the requirements set out in Parts Two to Four and Six to Eight to one or more credit institutions situated in the same Member State and which are permanently affiliated to a central body which supervises them and which is established in the same Member State, if national law provides all of the following:
Amendment 858 #
2011/0202(COD)
Proposal for a regulation
Article 374 – paragraph 1 – subparagraph 2 – point b – introductory part
Article 374 – paragraph 1 – subparagraph 2 – point b – introductory part
(b) an institution using the approach in Title II, Chapter 2 shall assign credit quality step 3 to this counterparty. Notwithstanding the foregoing, for regional governments, local authorities and public sector entities the institution shall assign a credit quality based on Article 110 and Article 111;
Amendment 944 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point a
Article 404 – paragraph 1 – subparagraph 1 – point a
(a) Level I assets: (i) cash and deposits held with central banks to the extent that these deposits can be withdrawn in times of stress;
Amendment 958 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point c
Article 404 – paragraph 1 – subparagraph 1 – point c
(c) transferable assets representing claims on or guaranteed by the central government of a Member State or a third country if the institution incurs a liquidity risk in that Member State or third country that it covers by holding those liquid assets, by central banks, non-central government PSE's, the Bank for International Settlements, the International Monetary Fund, the European Commission and multilateral development banks;
Amendment 961 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 1 – point d
Article 404 – paragraph 1 – subparagraph 1 – point d
(d) Level II assets, subject to appropriate haircuts: (i) transferable assets that are of high liquidity and credit quality. (ii) collateralised bonds of which the collateral is composed of assets with a maximum Standardised Basel 2 risk weighting of 35%; (iii) corporate assets; (iv) assets that are European Central Bank eligible or equivalent.
Amendment 986 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 1 – subparagraph 2
Article 404 – paragraph 1 – subparagraph 2
Pending a uniform definition in accordance with Article 481(2) of high and extremely high liquidity and credit qualityof the Level I and Level II asset classes by EBA in accordance with Article 481(2), institutions shall identify themselves in a given currency transferable assets that are respectively of high or extremely high liquidity and credit quality as well as those that are European Central Bank eligible or its equivalent. Pending a uniform definition, competent authorities may, taking into account the criteria listed in Article 481(2), provide general guidance that institutions shall follow in identifying assets of high and extremely high liquidity and credit quality. In the absence of such guidance, institutions shall use transparent and objective criteria to this end, including some or all of the criteria listed in Article 481(2).
Amendment 1049 #
2011/0202(COD)
Proposal for a regulation
Article 404 – paragraph 3 – subparagraph 2
Article 404 – paragraph 3 – subparagraph 2
The condition in point (b) shall not apply in case of liquid assets held to meet liquidity outflows in a currency in which there is an extremely narrow definition of central bank eligibility. In case of currencies of third countries, this exception shall apply and only apply if the competent authorities of the third country apply the same exception and the third country has comparable reporting requirements in place. The conditions in point (c), (d) and (e) shall only apply to Level I assets as referred to in paragraph 1.
Amendment 1082 #
2011/0202(COD)
Proposal for a regulation
Article 405 – paragraph 1 – point c
Article 405 – paragraph 1 – point c
(c) they are legally and practically readily available at any time during the next 30 days to be liquidated via outright sale or repurchase agreements, or pledging at the European Central Bank in order to meet obligations coming due. Liquid assets referred to in point (c) of Article 404(1) which are held in third countries where there are transfer restrictions or which are denominated in non-convertible currencies shall be considered available only to the extent that they correspond to outflows in the third country or currency in question;
Amendment 1087 #
2011/0202(COD)
Proposal for a regulation
Article 405 – paragraph 1 – point e – introductory part
Article 405 – paragraph 1 – point e – introductory part
(e) a portion of the liquid assets referred to in points (a) to (d) in Article 404(1) is periodically and at least annually liquidated via outright sale or repurchase agreements for the following purposes:
Amendment 1096 #
2011/0202(COD)
Proposal for a regulation
Article 406 – paragraph 1
Article 406 – paragraph 1
1. The value of a liquid asset to be reported shall be its market value, or the central bank value for non-marketable central bank eligible assets, subject to appropriate haircuts that reflect at least the duration, the credit and liquidity risk and typical repo haircuts in periods of general market stress. The haircuts shall not be less than 15% for the assets in points (d) to (f) of Article 404(1). The haircuts for the assets in point (g) of Article 404(1) shall not be less than 20%, or the haircut applied by the central bank, whichever is more conservative. If the credit institution hedges the price risk associated with an asset, it shall take into account the cash flow resulting from the potential close-out of the hedge.
Amendment 1329 #
2011/0202(COD)
Proposal for a regulation
Article 436 – paragraph 1 – introductory part
Article 436 – paragraph 1 – introductory part
1. Institutions shall disclose the following information regarding their leverage ratio as defined in Article 416 and their management of the risk of excessive leverage as defined in point (B) of Article 4(2) of Directive [inserted by OP], after the date from which the leverage ratio has to be applied by institutions as a binding measure, and after approval by the European Parliament and the Council of the leverage ratio as a binding measure:
Amendment 1403 #
2011/0202(COD)
Proposal for a regulation
Part 10 – chapter 1 – title
Part 10 – chapter 1 – title
Own funds requirements, unrealised gains and losses measured at fair value and deductions, deductions and Credit Valuation Adjustment
Amendment 1454 #
2011/0202(COD)
Proposal for a regulation
Part 10 – section 5 a (new)
Part 10 – section 5 a (new)
Section 5 a (new) Credit Valuation Adjustment Article 461a Scope of application for derivatives transactions with pension funds By way of derogation from Article 372(1), during the period referred to in Article 68, Paragraph 1a of Regulation [...] on OTC derivatives, central counterparties and trade repositories, and including any extensions thereof as provided for in that article, institutions shall not calculate the own funds requirement for CVA risk for derivatives transactions as referred to in Article 71 of Regulation [...] and entered into with pension scheme arrangements as defined in Article 2 of that Regulation.
Amendment 1460 #
2011/0202(COD)
Proposal for a regulation
Article 462 – paragraph 2 a (new)
Article 462 – paragraph 2 a (new)
2 a. Instruments that do not meet the requirement laid down in Article 26(c)(i), but do meet all other requirements laid down in Article 26, shall nevertheless qualify as Common Equity Tier 1 instruments.
Amendment 1587 #
2011/0202(COD)
Proposal for a regulation
Article 482 – paragraph 2 – point i
Article 482 – paragraph 2 – point i
(i) whether introducing the leverage ratio as a requirement for institutions would effectively constrain the risk of excessive leverage on the part of those institutions, in particular for public sector banks and, if so, whether the level for the leverage ratio should be the same for all institutions or should differ for different types of institutions and, in the latter case, whatif additional calibrations or a transition period would be required.
Amendment 1595 #
2011/0202(COD)
Proposal for a regulation
Article 482 – paragraph 3 – point a – point ix
Article 482 – paragraph 3 – point a – point ix
(ix) bank lending, with a particular focus on lending to small and medium enterprises, the local and regional public sector and on trade financing, including lending under official export credit insurance schemes;
Amendment 1624 #
2011/0202(COD)
Proposal for a regulation
Article 487 – paragraph 2
Article 487 – paragraph 2
Amendment 130 #
2011/0196(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure fair competition in the internal road transport market and to give a clear message to drivers and transport undertakings, the definition of very serious infringements against this Regulation should be harmonised and binding in nature and the Member States' highest category of sanctions should be imposed for ‘very serious’ infringements (as defined in Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities), without prejudice to the principle of subsidiarity. Efforts should also be taken to ensure that the penalties awarded for any infringements are always 'effective, dissuasive and proportionate'. In particular concrete steps should be taken to eliminate the practice of excessively high fines for minor infringements.
Amendment 226 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States and their competent authorities shall take appropriate measures to prevent conflicts of interests between fitters or workshops and road transport undertakings. In particular, if a transport undertaking is also operating as an approved fitter or workshop, it shall not be allowedn case of serious risk of conflict of interest, additional specific measures shall be taken to ienstall and calibrate recording equipment in its own vehiclesure that the fitter or the workshop complies with this Regulation.
Amendment 237 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 27
Article 27
Amendment 265 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 30– paragraph 3 – subparagraph 2
Article 30– paragraph 3 – subparagraph 2
For control purposes, periods of time for which no activity has been recorded shall be regarded as rest or break. Drivers are not obliged to record daily and weekly rest periods when having beenMember States shall not impose on drivers the presentation of forms attesting their activities while being away from the vehicle.
Amendment 282 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Commission shall adopt decisions on the methodology for the initial and continuing training of control officers, on the correct enforcement of Regulations 561/2006/EC and 3821/85/EC based on commonly and previously agreed guidelines concerning the uniform application of these legislative acts by all Member States as well as on including on techniques to target controls and to detect manipulation devices and fraud. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 40(2).
Amendment 295 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3 a. Stakeholders, representatives of vehicle manufacturers, tachograph manufacturers and social partners, shall be invited to participate at meetings of the Committee as observers
Amendment 296 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 41 – paragraph 1
Article 41 – paragraph 1
1. A Tachograph Forum shall be set up in order to support dialogue on technical mattersand reach consensus on technical matters and necessary adaptations to be made concerning the recording equipment among Member States' experts, and experts from third countries which are using the recording equipment under the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR).
Amendment 64 #
2011/0177(APP)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Strongly rejects, therefore, any attempt by the Council to reduce further the level of EU expenditure as proposed by the Commission; firmly opposes, in particular, any plead for in particular if such reductions would result in linear, across- the-board cuts that would jeopardise the implementation and effectiveness of all EU policies, irrespective of their European added value, political weight or performance; instead, challenges the Council, in case it proposes cuts, to clearly and publicly identify which of its political priorities or projects should be dropped altogether;
Amendment 33 #
2011/0092(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a – point iii
Article 1 – paragraph 1 – point 11 – point a – point iii
Directive 2003/96/EC
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) until 31 December 2020, electricity directly provided to vessels berthed in seaports or inland ports.
Amendment 166 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a – point iii
Article 1 – point 11 – point a – point iii
Directive 2003/96/EC
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) until 31 December 2020, electricity directly provided to vessels berthed in sea or inland ports.
Amendment 187 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 2003/96/EC
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Points (a) to, (b), (d), (e) and (g) only apply for general energy consumption taxation.
Amendment 195 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 14
Article 1 – point 14
Directive 2003/96/EC
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Provided the minimum levels of taxation prescribed in this Directive are respected on average for each business, Member States may apply tax reductions from general energy consumption taxation to energy products used for heating purposes or for the purposes of Article 8(2)(b) and (c) and on electricity in the following cases:
Amendment 196 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 14
Article 1 – point 14
Directive 2003/96/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Provided the minimum levels of taxation prescribed in this Directive are respected on average for each business, Member States may apply tax reductions from CO2-related taxation to energy products used for heating purposes or for the purposes of Article 8(2)(b) and (c) where agreements are concluded with business entities as referred to in Article 11 or associations of such business entities, or where tradable permit schemes or equivalent effective measures are implemented, as far as they lead to objectives concerning the reduction of CO2 emissions.
Amendment 361 #
2011/0062(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a (new)
Article 5 – paragraph 2 – point a (new)
(a) Member States shall ensure that the remuneration of creditors’ staff and credit intermediaries responsible for the assessment of the creditworthiness or for the provision of advice is not linked to individual product results or sales targets.
Amendment 368 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Home Member States shall ensure that:
Amendment 383 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Home Member States shall ensure that the appropriate level of knowledge and competence is determined on the basis of recognised qualifications or experience.
Amendment 388 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Home Member States shall make public the criteria they have established in order for credit intermediaries or creditors’ staff to meet their competence requirements. Such criteria shall include a list of any recognised qualifications.
Amendment 395 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Powers are delegated to the Commission in accordance with Article 26 and subject to the conditions of Articles 27 and 28The Commission shall be empowered to adopt delegated acts in accordance with Article 26, to specify the minimum requirements provided in paragraph 1 and 2 of this Article, and in particular, the necessary minimum requirements for appropriate knowledge and competence appropriate to the function and the relevant market.
Amendment 608 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 655 #
2011/0062(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shallmay ensure that the consumer has a statutory or contractual right to discharge his obligations under a credit agreement prior to the expiry of that agreement. In such cases, he shall be entitled to a reduction in the total cost of the credit, such a reduction consisting of the interest and the costs for the remaining duration of the contract.
Amendment 682 #
2011/0062(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Where a Member States may lays down such conditions, these shall not make the exercise of the right referred to in paragraph 1 excessively difficult or onerous for the consumer.
Amendment 689 #
2011/0062(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Portability 1. Member States shall ensure that lenders allow borrowers to keep a credit agreement when moving house provided that the value of the new property is sufficient to serve as the collateral required by the credit agreement and when the conditions required to consider collaterals as equivalents referred to in paragraph 2 have been fulfilled. 2. Member States shall adopt the measures appropriate to ensure that where under national law a credit agreement related to a residential immovable property located in another Member State is considered as equivalent to a credit agreement related to a residential immovable property on its territory for the purposes of being pooled in financial instruments traded in secondary markets, they shall also be considered equivalent for the purpose of paragraph 1.
Amendment 694 #
2011/0062(COD)
Proposal for a directive
Article 18 b (new)
Article 18 b (new)
Article 18b Payment flexibility Member States may ensure that creditors allow consumers to make payments which exceed the amount required by the amortisation structure of the loan contained in the credit agreement without penalty and thereby have the right to redeem in the future the payments scheduled according the amortization structure up to the value by which they have previously exceeded the required amount.
Amendment 296 #
2011/0006(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The establishment of three ESAs should be accompanied by the development of a single rule book to ensure consistent harmonisation and uniform application and thus contribute to a more effective functioning of the internal market. The regulations establishing the ESFS provide that the ESAs may develop draft technical standards in the areas specifically set out in the relevant legislation, to be submitted to the Commission for adoption in accordance with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU) by means of delegated or implementing acts. Whereas Directive …/…. [Omnibus I]2010/78/EU of the European Parliament and of the Council of 24 November 2010 in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) has identified a first set of such areas, this Directive should identify a further set of areas, in particular for Directives 2002/92/EC, 2003/71/EC and Directive 2009/138/EC, without prejudice to adding further areas in the future. Directive 2003/41/EC, for which the Commission should put forward a proposal for revision before the end of 2012, should not be covered by this Directive.
Amendment 303 #
2011/0006(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to allow for the consistent calculation of technical provisions by insurance and reinsurance undertakings under Directive 2009/138/EC, it is necessary for a central body to derive, publish, and update certain technical information related to the risk-free interest rate term structure, which on a regular basis, takesing account of observations in the financial market, and for the body to be able to do this on a regular basi. The manner in which the risk-free interest rate term structure is derived should be transparent in such a manner that insurance and reinsurance undertakings are able to use this term- structure in their risk management policies. Given the technical and insurance related nature of these tasks, they should be carried out by EIOPA.
Amendment 308 #
2011/0006(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The calculation of the Solvency Capital Requirement for health insurance should reflect national equalisation systems and should also account for changes in the national health legislation, as they are a fundamental part of the insurance system within these national health markets.
Amendment 325 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 4 – point -ab (new)
Article 2 – point 4 – point -ab (new)
Directive 2009/138/EC
Article 35 – paragraph 2 – subparagraph 1 a (new)
Article 35 – paragraph 2 – subparagraph 1 a (new)
(-ab) In paragraph 2, the following subparagraph is added: ‘Only in exceptional circumstances may Member States require insurance and reinsurance undertakings to submit to the supervisory authorities a full list of assets on an item-by-item basis.’
Amendment 339 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 10
Article 2 – point 10
Directive 2009/138/EC
Article 56 – paragraph 2
Article 56 – paragraph 2
Amendment 355 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 15
Article 2 – point 15
Directive 2009/138/EC
Article 77a – paragraph 1
Article 77a – paragraph 1
EIOPA shall publish technical information including information concerning the relevant risk-free interest rate term structure. Where EIOPA observes an illiquidity premium in the financial markets in periods of stressed liquidity, information relating to the illiquidity premium, including its size shall also be published., including a counter-cyclical premium in periods of stressed financial markets and a basis for a matching premium where the cash flows of the insurance liabilities match with the cash flows of high quality assets for the duration of an insurance contract. Where the relevant risk-free interest rate term structure provides for a counter-cyclical premium in periods of stressed financial markets observed by EIOPA, the published formulae for the relevant risk- free interest rate term structure shall include formulae allowing insurance and reinsurance undertakings to calculate information, including its size, relating to that premium. In that case, EIOPA shall also carry out the observation of the illiquiditycounter-cyclical premium, and the derivation of the information oin a transparent, objective and reliable basismanner. Information for all these purposes shall be derived according to methods and assumptions which may include formulae, or determinations made by EIOPA. in a manner which is consistent with the methodologies, principles and techniques referred to in Article 86(b) and according to the detailed criteria, the calculation methods and assumptions specified in the delegated act referred to in Article 86(i). Extrapolation of the relevant risk-free rate interest rate term structure should start as soon as the relevant financial markets cannot be considered as deep and liquid anymore in a way that their undertakings are allowed to match their cash-flows with bonds.
Amendment 370 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 15
Article 2 – point 15
Directive 2009/138/EC
Article 77a – paragraph 2 a (new)
Article 77a – paragraph 2 a (new)
Insurance and reinsurance undertakings shall use the relevant risk free interest rate term structure formulae published by EIOPA in accordance with this Article when calculating technical provisions in accordance with this Directive.
Amendment 374 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 16
Article 2 – point 16
Directive 2009/138/EC
Article 86 – paragraph 2
Article 86 – paragraph 2
Amendment 398 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138/EC
Article 109a – paragraph 2
Article 109a – paragraph 2
2. For the purpose of facilitating the calculation of the health underwriting risk module referred to in Article 105(4), EIOPA shall calculate and publish standard deviations in relation to specific national legislative measures of Member States which permit the sharing of claims payments in respect of health risk amongst insurance and reinsurance undertakings and which meet specifiedpublish, in accordance with the calculations provided by the competent supervisor of the Member States concerned, standard deviations in accordance with article 104(4) of Directive 209/138/EC in relation to specific national legislative measures of Member States which permit the sharing of claims in respect of health risk amongst insurance and reinsurance undertakings and which meet the following criteria: (a) the system for the sharing of claims or risks is transparent and specified in advance of the period to which it applies; (b) the system for the sharing of claims or risks, the number of insurance undertakings that participate in the Health Risk Equalisation System (HRES) and the risk characteristics of the business subject to the HRES ensure that for each undertaking participating in the HRES the volatility of premium and reserve risk of the business subject to the HRES is significantly reduced by means of the HRES; (c) the health insurance subject to the HRES is compulsory and serves as a partial or complete alternative to health cover provided by the statutory or social security system; (d) in case of default of insurance undertakings participating in the HRES, one or several governments guarantee to fully meet the policyholder claims of the insurance business that is subject to the HRES; (e) in case that a new HRES system is introduced or an existing HRES system is significantly changed and thus no historical data exist in order to calculate the standard deviation but the requirements (a) to (d) are in substance met, the standard deviation will be determined on the basis of expert judgement by the competent supervisor of the Member State concerned. The reasons behind the expert judgement shall be disclosed. The Commission may adopt delegated acts, in accordance with Article 310a, laying down additional criteria.
Amendment 425 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 35 – point b
Article 2 – point 35 – point b
Directive 2009/138/EC
Article 172 – paragraph 4
Article 172 – paragraph 4
4. By way of derogation from paragraph 3 and the second subparagraph of Article 134(1), the same treatment as in Article 172(3) and the second subparagraph of Article 134(1) shall be accorded, for a transitional period, to reinsurance contracts concluded with undertakings having their head office in aNotwithstanding paragraph 1, the Commission may, in accordance with Article 301a and for a limited period, and assisted by EIOPA in accordance with Article 33(2) of Regulation (EU) No 1094/2010, decide that the solvency regime of a third country applied to reinsurance activities of undertakings with the head office in that third country is temporarily equivalent to that laid down in Title I, taking into account the following guiding principles: (a) the third country has given written commitments to the European Union to adopt and apply a solvency regime that is capable of being assessed equivalent in accordance with paragraph 2, before the end of this period; (b) the third country has established a convergence programme to fulfil this commitment; (c) sufficient resources have been allocated to fulfil this commitment; (d) the present third country the’s solvency regime is ofr which are unlikely, by 31 December 2012, to fully meet the criteria for assessing equivalence, referred to in paragraph 1. The transitional period shall last for a maximum of 5 years from the date referred to in the first sub-paragraph of Article 309(1).This derogation shall only apply wheill become risk-based and based on economic valuation of assets and liabilities; (e) agreements have been concluded to exchange confidential supervisory information, in accordance with Article 264; (f) the third country is assessed to comply with the core principles adopted by the International Association of Insurance Supervisors (IAIS). Any decisions on temporary equivalence shall take into account the reports by the Commission in accordance with Article 177. Those decisions shall be regularly reviewed, on the basis of progress reports by EIOPA, which are presented to and assessed by the Commission every six months. EIOPA shall publish and keep up-to-date on its website a list of all third countries referred the Commission has made a decision in accordance with paragraph 6 that specified conditions have been met by the third country. o in the first subparagraph. The Commission may adopt delegated acts, in accordance with Article 301a, further specifying the guiding principles laid down in the first subparagraph.
Amendment 433 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 42
Article 2 – point 42
6. By way of derogation from the second subparagraph of paragraph 1, Member States may for a transitional period provide that the group solvency calculation take into account, as regards the undertaking referred to in that subparagraph, the Solvency Capital RequiremNotwithstanding paragraph (5)2, the Commission may, in accordance with Article 301a and for a limited period, and assisted by EIOPA in accordance with Article 33(2) of Regulation (EU) No 1094/2010, decide that the supervisory regime of a third country applied to undertakings with the head office in that third country is temporarily equivalent to that laid down in Title I, Chapter IV, taking into account the following guiding principles: (a) the third country has given written commitments to the European Union to adopt and apply a supervisory regime that is capable of being assessed equivalent in accordance with paragraph 2, before the end of this period; (b) the third country has established a convergence programme to fulfil this commitment; (c) sufficient resources have beent and the own funds eligible to satisfy that requirement as laid down by the third country concerned. The transitional period shall last for a maximum of 5 years from the date referred to in the first sub-paragraph of Article 309(1). This derogation shall only apply where the Commission has made a decision in accordance with paragraph 7 that specified conditions have been met by the third country. llocated to fulfil this commitment; (d) the present third country’s supervisory regime is or will become risk-based and based on economic valuation of assets and liabilities; (e) agreements have been concluded to exchange confidential supervisory information, in accordance with Article 264; (f) the third country is assessed to comply with the core principles adopted by the International Association of Insurance Supervisors (IAIS). Any decisions on temporary equivalence shall take into account the reports by the Commission in accordance with Article 177. Those decisions shall be regularly reviewed, on the basis of progress reports by EIOPA, which are presented to and assessed by the Commission semi- annually. EIOPA shall publish and keep up-to-date on its website a list of all third countries referred to in this Article. The Commission may adopt delegated acts, in accordance with Article 301a, further specifying the guiding principles laid down in the first subparagraph.
Amendment 447 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 62 – point d
Article 2 – point 62 – point d
Directive 2009/138/EC
Article 260 – paragraph 5
Article 260 – paragraph 5
5. The Commission may adopt delegated acts, in accordance with Article 301a and subject to the conditions ofWithout prejudice to paragraph (4)2, the Commission may, in accordance with Article 301a and for a limited period, and assisted by EIOPA in accordance with Articles 301b and 33(2) of Regulation (EU) No 1094/201c0, spdecifying in relation to paragraph 4 the length of the transitional period which may be shorter than the maximum of 5 years and the conditions whicde that the supervisory regime of a third country applied to undertakings with the head office in that third country is temporarily equivalent to that laid down in this Title, taking into account the following guiding principles: (a) the third country has given written commitments to the European Union to adopt and apply a supervisory regime that is capable of being assessed equivalent in accordance with pare to be met by the third country. Those conditions shall cover commitments given by the supervisory authorities,agraph 3, before the end of this period; (b) the third country has established a convergence programme to fulfil this commitment; (c) sufficient resources have been allocated to fulfil this commitment; (d) the present third country’s supervisory regime is or will become risk-based and based on economic valuation of assets and liabilities; (e) agreements have been concluded to exchange confidential supervisory information, in accordance with Article 264; (f) the third convergence to an equivalent regime over a set period of time, the existing or intended content of the regime, and matters of cooperation, exchange of information and professional secrecy obligations. untry is assessed to comply with the core principles adopted by the International Association of Insurance Supervisors (IAIS). Any decisions on temporary equivalence shall take into account the reports by the Commission in accordance with Article 177. Those decisions shall be regularly reviewed, on the basis of progress reports by EIOPA, which are presented to and assessed by the Commission and EIOPA semi-annually. EIOPA shall publish and keep up-to-date on its website a list of all third countries referred to in this Article. The Commission may adopt delegated acts, in accordance with Article 301a, further specifying the guiding principles laid down in the first subparagraph. When a decision has been adopted by the Commission, in accordance with the first subparagraph, in respect of a third country, that decision shall be recognised as determinative for the purposes of the verification referred to in paragraph 1.
Amendment 460 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 70
Article 2 – point 70
Directive 2009/138/EC
Article 308a – paragraph 7
Article 308a – paragraph 7
7. Where the Commission has adopted a delegated act in accordance with Article 308b(7), Article 94 shall not apply for a maximum period of 10 years from the date referred to in the first sub-paragraph ofNotwithstanding Article 94, basic own- fund items that were issued prior to the date referred to in Article 309(1), and which according to the Directives referred to in Article 310 could be used to meet the available solvency margin up to at least 50% of the solvency margin, shall be included in Tier 1 basic own funds for up to 20 years after the date referred to in Article 309(1). Notwithstanding Article 94, basic own- fund items that were issued prior to the date referred to in Article 309(1), and which according to the Directives referred to in Article 310, could be used to meet the available solvency margin up to 25% of the solvency margin, shall be included in Tier 2 basic own funds for up to 20 years after the date referred to in Article 309(1).
Amendment 466 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 71
Article 2 – point 71
Directive 2009/138/EC
Article 308b – introductory part
Article 308b – introductory part
Amendment 470 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 74
Article 2 – point 74
Directive 2009/138/EC
Article 311 – paragraph 2
Article 311 – paragraph 2
Articles 1, 2, 3, 5 to 9, 11, 12, 14 to 17, 19- 22, 24, 25, 33, 57 to 66, 69, 70, 73, 143, 145, 147, 149 to 161, 168 to 171, 174 to 177, 179 to 184, 186 to 189, 191, 193 to 209, 267 to 300, 302, 305- to 08 and Annexes I and II, V, VI and VII shall apply from 1 January 20134. From the date referred to in Article 309, Member States shall ensure that supervisory authorities have sufficient powers to carry out the assessment required by Articles 90, 95, 104(7), 112,113,211,227,230,231,233(5), 260 and 308a.
Amendment 2 #
2010/2303(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes a lack of values and ethics in the behaviour of some actors in financial markets and institutions; underlines that financial markets and institutions have to take into account, as part of their corporate social responsibility, the interests of all of the parties involved, such as its clients, shareholders and employees;
Amendment 12 #
2010/2303(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that the area of corporate governance is constantly evolving and is therefore ill-suited to a prescriptive approach and that a flexible ‘comply or explain’ approach in the form of codes of best practice is more appropriate; believes that ‘comply or explain’ is proportionate and canthat a ‘comply or explain’ approach in the form of codes of best practice should be applied across a wide range of financial institutions and listed companies operating in various sectors and markets where appropriate, but that it must be complemented by concrete legislation, as well as by regular external evaluation and appropriate regulatory oversight;
Amendment 28 #
2010/2303(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the establishment of mandatory risk committees at board level for all economically significant financial institutions and at parent company board level for all economically significant financial groups;
Amendment 94 #
2010/2303(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. NotWelcomes that the issue of remuneration in financial institutions has been dealt with in CRD III as a first step; stresses, however, that additional measures at EU level are needed in order to ensure that the structure of remuneration does not encourage excessive risk-taking in the financial services sectors as well as to prevent distortions of competition between financial institutions in different sectors;
Amendment 98 #
2010/2303(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that the application of existing recommendations for the remuneration of directors of listed companies is neither uniform nor satisfactory; therefore calls on the Commission to come forward with legislation at EU level on remuneration for directors of listed companies in order to ensure that the structure of remuneration in listed companies does not encourage excessive risk-taking as well as to ensure an EU level-playing field;
Amendment 142 #
2010/2303(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls for mandatory annual elections of each member of the board or mandatory annual requests for approval of the board's policy or for discharge of the board at the AGM, with a view to making the board more accountable and encouraging a culture of greater responsibility;
Amendment 116 #
2010/2235(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Considers that, in car driving lessons, greater attention should be devoted to the phenomenon of motorised two-wheeled vehicles and their visibility;
Amendment 165 #
2010/2235(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Urges the Commission and Member States to call on their national, provincial and local authorities to design their roads in such a way that they do not present any hazards to motorised two-wheeled vehicles;
Amendment 177 #
2010/2235(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises the importance of observing driving and rest periods, and introducing a harmonised sanction regime, and calls on the Commission and the Member States to make a sufficient number of safe parking areas which meet minimum social standards available to professional HGV drivers;
Amendment 182 #
2010/2235(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Points to 2008/96/EC regarding the Road Safety Infrastructure Management with the necessity of sufficient safe parking areas next to highways;
Amendment 243 #
2010/2235(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls for the carrying of warning jackets for all vehicle occupants and the wearing of warning jackets by cyclists, as a means of improving their visibility, to be made compulsory;
Amendment 7 #
2010/2137(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to guarantee the level playing field between modes of transport on the one hand and between the public and privately owned companies within a single mode on the other;
Amendment 13 #
2010/2137(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to create more transparency in the relationship between the state and the publicly owned railway companies including their road transport subsidiaries as well as in the transfer of funds;
Amendment 43 #
2010/2137(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Regrets that the Commission has not yet come up with state aid rules regarding sea ports as promised several times. Asks the Commission to come up with these state aid rules as soon as possible.
Amendment 47 #
2010/2137(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to reconsider if the existing temporary framework effectively contributes to a level-playing-field throughout the EU and moreover if the discretionary application of the framework leads in this respect to an optimal outcome
Amendment 48 #
2010/2137(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Stresses the need that a possible extension of the temporary state-aid framework for the financial sector should consist of a detailed evaluation of this framework, taking into account scope and level of transparency and moreover consistency and comparability of the different measures which are based on this framework.
Amendment 76 #
2010/2105(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that there is a high risk that the momentum behNotes the rapid evolution of the debate concernindg the proposal to introduce a global FTT is about to be lost and deplores the fact that the G20 has so far been unable to promotFTT and the increasingly differentiated evaluation of the feasibility, efficiency and effectiveness of such a tax as well as the emeanrgingful joint initiatives on this matter; calls on the G20 leaders to reach an agreement discussion concerning a Financial Activities Tax (FAT); calls on the G20 leaders to give guidance on the desired future onf the minimum common elements of a global FTTse various kinds of taxation;
Amendment 77 #
2010/2105(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 94 #
2010/2105(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that a European FTT should only be considered if the European Commission's impact assessment concludes that this is a viable option that does not cause a significant displacement of economic activity away from the European Union;
Amendment 104 #
2010/2105(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that within the centralised European market central clearing and settlement services make an EU FTT technically feasible,could facilitate the introduction of an FTT that could be cheap in administrative terms and simple to implement;
Amendment 109 #
2010/2105(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. CWelcomes the fact that the recent Commission Communication has announced an impact assessment on various options for the taxation of the financial sector and calls on the Commission also to address in its feasibility study the geographical asymmetry of transactions and revenues and the possibility of a graded or differentiated rate on the basis of the asset category, the nature of the actor involved or the short-term and speculative nature of the transaction; calls on the Commission to develop follow-up proposals based on the results of its impact assessment;
Amendment 149 #
2010/2105(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Commission to produce a feasibility assessment in order to establish in the long run a system under which Member States may participate in the issuance of common European bonds; calls for the inclusion in such an assessment of the strengths and weaknesses of all options, taking into account possible moral hazard implications for participating members;
Amendment 154 #
2010/2105(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the idea of issuing common European bondsproject bonds to be administered by the European Investment Bank to finance Europe'’s significant infrastructure needs and structural projects in the framework of the EU 2020 agenda;
Amendment 167 #
2010/2105(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Supports, therefore, the introduction of a carbon tax on European sectors not covered bya strengthening of the Emissions Trading Scheme as well as a comprehensive revision of the energy taxation directive to make CO2 emissions and energy content one of the basic criteria for the taxation of energy products;
Amendment 169 #
2010/2105(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 174 #
2010/2105(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes adequate tools need to be found to impose a CO2 tax on imported products and services in order to rWarns against the risk of initiating trade wars as a resulet out competitive disadvantages for the internal marketf the imposition of a border tax based on the CO2 content of imported goods;
Amendment 177 #
2010/2105(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes thatCalls on the Commission to research the feasibility of a European carbon-added tax along the lines of VAT imposed on every product within the internal market would be the least distortive and fairest tool; suggests as an alternativealso calls on the Commission to explore the usefulness and feasibility of a Border Taxation Adjustment negotiated within the WTO framework to provide for the imposition of carbon tariffs on non-EU products imported into the internal market as an alternative to the carbon-added tax;
Amendment 181 #
2010/2105(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Understands that a Carbon Tax would be an instrument to reduce emissions rather than a long-term source of income, as this source would eventually dry up should that instrument be effective;
Amendment 184 #
2010/2105(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Points out that a common European carbon tax would have highly dissimilar effects on individual Member States; warns, in this respect,against the uneven burdens that such a tax would create;
Amendment 190 #
2010/2105(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Notes that there is as yet no clear idea to whom the proceedings thus collected are to be allocated;
Amendment 27 #
2010/2099(INI)
Motion for a resolution
Recital D
Recital D
D. whereas labour, knowledge and innovations have a tendency to migrate to certain regions, and EU financial solidarity mechanisms need to be further developed focusing on the objectives of the EU 2020 strategy , in particular, on research and development and education,
Amendment 46 #
2010/2099(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas fiscal consolidation is not only important to assure stability in the Eurozone but it also prevent us from putting the debt burden on future generations,
Amendment 57 #
2010/2099(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the TFEU gives the Union enhanced power to strengthen economic governance within the Union, although changes to the provisions of the TFEU in the future. Calls on the European Commission and the European Council to fully use the provisions of the TFEU. For the long term, changes to the provisions of the TFEU cannot be excluded,
Amendment 124 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 1 – paragraph 1 – indent 13 a (new)
Annex 1 – heading 1 – paragraph 1 – indent 13 a (new)
– Stresses that the annual policy recommendations and warnings from the Commission regarding compliance of the Member States with Europe 2020 objectives should be followed up. Carrot and sticks have to be developed in order to assure that Member States comply with these objectives,
Amendment 152 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 4 a (new)
Annex 1 – heading 2 – paragraph 1 – indent 4 a (new)
– Urges the European Council and the European Commission to establish a ‘carrot and stick ‘approach and use compliance mechanisms in the framework of the article 136 of the treaty such as economic incentives, as well as sanctions aiming at supporting enhanced EU governance and more specifically an enhanced governance of the EU 2020,
Amendment 161 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 7
Annex 1 – heading 2 – paragraph 1 – indent 7
– Establish pre-specified and pre-emptive incentives to be decided independently from the Council by the Commission or semi-and more automatic sanctions, ( e.g. naming and shaming, withdrawing of voting power, reduced subsidies from structural funds and financial penalties) in order to facilitate early warning steps and apply them in a progressive way,
Amendment 176 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 9 a (new)
Annex 1 – heading 2 – paragraph 1 – indent 9 a (new)
– The decision on compliance of Member States with the Stability and growth pact should be taken more independently from the Council by the Commission in order to fully respect the SGP principles. Believes that the economic governance can be stengthened by fully use the provisions provided by the Lisbon Treaty.
Amendment 177 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 2 – paragraph 1 – indent 9 b (new)
Annex 1 – heading 2 – paragraph 1 – indent 9 b (new)
– Annual policy recommendations should be discussed in the European Parliament before the European Council discussions.
Amendment 191 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 3 – paragraph 1 – indent 3
Annex 1 – heading 3 – paragraph 1 – indent 3
Amendment 204 #
2010/2099(INI)
Motion for a resolution
Annex 1 – heading 4 – indent 1
Annex 1 – heading 4 – indent 1
– EstablishInvestigate the pro´s and cons of a permanent mechanism or body (European Monetary Fund) to supplement the SGP, including the necessity of a Treaty change, as a last resort mechanism for cases in which market financing is no longer available based on existing mechanisms (the European Financial Stability Facility, the European Financial Stabilisation Mechanism and the European balance of payments instrument) with clear rules on the decision-making procedure, funding, conditionality for loans, monitoring, rules on burden-sharing, and resources and powers in order to facilitate borrowing and lending activity in exceptional circumstances and in order to facilitate orderly resolution avoiding contagion and ring-fencing sovereign debt insolvency, if needed.
Amendment 35 #
2010/2037(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that the audit sector has an important responsibility in increasing transparency and improving the quality of audits in the form of codes and best practice, which should be applied as broadly as possible where appropriate, but underlines that it must be complemented by concrete legislation, as well as by regular external evaluation and appropriate regulatory oversight;
Amendment 51 #
2010/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes companies should conduct a compulsory open tendering process for statutory appointments of external auditors every eight years, on a renewable basis; notes that for SIFIs this should be reduced to every four years;
Amendment 71 #
2010/2037(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for the publication of the supervisor’s auditor inspection firm reports so as to strengthen the role of quality as a competitive advantage;
Amendment 79 #
2010/2037(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for SIFIs to be subject to the obligation of devoting attention in their reporting specifically to potential future financing and financing needs, bank covenants, future cash flows and any foreseeable risks with respect to the company’s business model, and that the auditor’s statutory tasks are expanded to include the provision of assurance on such information;
Amendment 81 #
2010/2037(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for the introduction of auditor’s reports for SIFIs which include paragraphs containing compulsory additional explanations on concrete aspects such as risk management, financing and continuity, management estimates and major accounting principles;
Amendment 5 #
2010/2009(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas financial institutions have to take into account, as part of their corporate social responsibility, the environment in society in which the institution operates, as well as the interests of all of the parties involved, such as its clients, shareholders and employees, in an integrated manner,
Amendment 12 #
2010/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas it is necessary to set up an insurance fund fed by a financial fee paid European crisis management framework based on contributions by financial institutions in order to avoid a new financial crisis,
Amendment 84 #
2010/2009(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Requests the Commission to set up an insurance system fEU Crisis Management Framework based byon contributions from the financial institutions in order to avoid a new financial crisis, taking into account initiatives taken by international bodies, such as the G20 and the IMF;
Amendment 139 #
2010/2008(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that, in view of their key role in managing risks, CCPs should be subject to adequate capital requirements;
Amendment 23 #
2010/2006(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas proposals for an EU framework for cross-border crisis management in the banking sector should take into account initiatives taken by international bodies, such as the G20 and IMF, in order to ensure a global level playing field,
Amendment 31 #
2010/2006(INI)
Motion for a resolution
Recital N
Recital N
N. whereas a limitedsignificant number of banks (“Systemic Banks”) represent an extremely high level of systemic risk due to theirare increasing in size, complexity and interconnectedness across Europe, calling for an urgent and targeted special regimeEU crisis resolution framework,
Amendment 37 #
2010/2006(INI)
Motion for a resolution
Recital O
Recital O
O. whereas a special regime for Systemic Banksn EU crisis resolution framework, in order to be effective in supporting interventions, requires a common set of rules, appropriate expertise and financial resources,
Amendment 46 #
2010/2006(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the fast-track specialEU crisis resolution framework for Systemic Bcross border banks should evolve in the medium/long term towards a universal regime covering all banks in the Union.
Amendment 58 #
2010/2006(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit to Parliament by 31 December 20110, on the basis of Article 50 and Article 114 of the Treaty on the Functioning of the European Union,, one ore more legislative proposals or proposals on an EU crisis management framework, and a resolution unit and an EU financial stability fund, following the detailed recommendations below, taking into account initiatives taken by international bodies, such as the G20 and the IMF, in order to ensure a global level- playing-field and based on a profound analysis of all alternatives available, including an impact assessment;
Amendment 77 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 3
Annex – recommendation 1 – paragraph 3
3. Attribute to the relevant supervisor the responsibility for crisis management and the approval of each bank’s contingency plan, as follows: • for Systemic Banks: the European Banking Authority (EBA) in close cooperationcross border banks: the consolidated supervisor within the college of national supervisors and, under the coordination of the EBA and in consultation with the Cross Border Stability Groups (as defined , the EBA retains the above- mentioned Memorandum of Understanding of June 2008); • for all other cross border non-systemic banks: the consolidated supervisor within the college, under the coordination of the EBA and in consultation with the Cross Border Stability Groupsultimate decision power and a binding mediating role as laid down by the proposal for a regulation of the European Parliament and of the Council establishing a European Banking Authority (COM(2009)0501); • for local banks: the local supervisor.
Amendment 145 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 2 – title
Annex – recommendation 2 – title
Recommendation 2 on SystemicCross-Border Banks
Amendment 150 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 2 – paragraph 1
Annex – recommendation 2 – paragraph 1
1. Systemic Banks, due to their special risk profile,Cross-border banks require to be urgently addressed by a new special regime to be known as the European Bank Company Law to be designed until the end of 2011.
Amendment 157 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 2 – paragraph 2
Annex – recommendation 2 – paragraph 2
2. Systemic BCros -border banks shall adhere to the new special regime which shall overcome legal impediments to effective action across borders while ensuring clear and predictable treatment of shareholders, depositors, creditors and other stakeholders.
Amendment 170 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 2 – paragraph 3
Annex – recommendation 2 – paragraph 3
Amendment 178 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 2 – paragraph 4
Annex – recommendation 2 – paragraph 4
Amendment 204 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 3 – paragraph 1
Annex – recommendation 3 – paragraph 1
1. AIf proved to be the most effective instrument according to the conditions in paragraph 1 of this report, an EU Financial Stability Fund shall be created, under the responsibility of the EBA, to finance interventions (rehabilitation or orderly winding-up) aimed at preserving the system’s stability and limit contagion from failing banks. The Commission shall present to the Parliament, by April 2011, a proposal with details of the Fund’s charter, structure, governance, size, operating model as well as a precise calendar for implementation (in accordance with points 2 and 3 below).
Amendment 71 #
2010/0280(COD)
Proposal for a regulation
Citation 2 a (new)
Citation 2 a (new)
- having regard to the opinion of the European Central Bank,
Amendment 88 #
2010/0280(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Treaty-based instruments for economic coordination and surveillance should be strengthened by establishing a common framework for the submission, monitoring and implementation of national reform programmes that enhance competitiveness and are conducive to sustainable growth and employment as an integral part of a European growth strategy.
Amendment 137 #
2010/0280(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The obligation to achieve and maintain the medium-term budgetary objective needs to be put into operation, through the specification of principles of prudent fiscal policy-makingfor the adjustment path towards the medium-term objective.
Amendment 150 #
2010/0280(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Prudent fiscal policy-making implies thatSufficient progress towards the MTO shall be evaluated on the basis of an overall assessment with the structural balance as a reference, including an analysis of expenditure net of discretionary revenue measures. In this regard, and as long as the MTO is not achieved, the growth rate of government expenditure doesshall normally not exceed a prudentreference medium-term growth rate of GDP,potential GDP growth, with increases in excess of that norm arebeing matched by discretionary increases in government revenues and discretionary revenue reductions arebeing compensated by reductions in expenditure. The reference medium-term rate of potential GDP growth shall be calculated according to a commonly agreed methodology validated by the Member States.
Amendment 162 #
2010/0280(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A temporary departure from prudent fiscal policy-makingthe adjustment path towards the medium-term objective should be allowed in case of severe economic downturn of a general nature in order to facilitate economic recovery.
Amendment 170 #
2010/0280(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In the event of a significant deviation from prudent fiscal-policythe adjustment path towards the medium-term objective a warning shouldall be addressed by the Commission to the Member State concerned and in case the significant deviation persists or is particularly serious, a recommendation should be addressed to the Member State concerned to take the necessary corrective measuresto be followed within one month by a Council recommendation, setting a deadline to take the necessary corrective measures. The Member State concerned should report to the Council on the action taken. If the Member State concerned fails to take appropriate action in the deadline set by the Council, the Council should adopt a recommendation stating so and report to the European Council. The Commission, in liaison with the ECB for euro area Member States and for ERM2 Member States, may carry out a monitoring mission. The Commission will report to the Council on the outcome of the mission and will make its findings public within one month.
Amendment 187 #
2010/0280(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure compliance with the fiscal surveillance framework of the Union for participating Member States, a specific enforcement mechanism should be established on the basis of Article 136 of the Treaty for cases where aof persistent and significant deviation from prudent fiscal policy making prevailsthe adjustment path towards the medium-term objective.
Amendment 193 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EC) No 1466/97
Article 1
Article 1
Amendment 225 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 1 d (new)
Article 1 – point 1 d (new)
Regulation (EC) no 1466/97
Section 1A a (new)
Section 1A a (new)
Amendment 232 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 1 e (new)
Article 1 – point 1 e (new)
Regulation (EC) No 1466/97
Section 1A b (new)
Section 1A b (new)
Amendment 238 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 2 – subpoint b – subpoint i
Article 1 – point 2 – subpoint b – subpoint i
Regulation (EC) No 1466/97
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the medium-term budgetary objective and the adjustment path towards this objective for the general government balance as a percentage of GDP, the expected path of the general government debt ratio, the planned growth path of government expenditure, in particular bearing in mind the conditions and criteria to establish the expenditure growth under Article 5(1), the planned growth path of government revenue at unchanged policy and a quantification of the planned discretionary revenue measures;
Amendment 266 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 2 – subpoint c
Article 1 – point 2 – subpoint c
Regulation (EC) No 1466/97
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The information about the paths for the general government balance and debt ratio, the growth of government expenditure, the planned growth path of government revenue at unchanged policy, the planned discretionary revenue measures, appropriately quantified, and the main economic assumptions referred to in paragraph 2(a) and (b) shall be on an annual basis and shall cover, the preceding year, the current year and at least the following three years.
Amendment 276 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The Council and the Commission, when assessing the adjustment path toward the medium-term budgetary objective, shall examine if the Member State concerned pursues an appropriate annual improvement of its cyclically-adjusted budget balance, net of one-off and other temporary measures, required to meet its medium-term budgetary objective, with 0.5% of GDP as a benchmark. For Member States faced with a highdebt level of debt or excessive macroeconomic imbalances or both, the Councilexceeding 60% of GDP or with pronounced risks of overall debt sustainability, the Council and the Commission shall examine whether the annual improvement of the cyclically-adjusted budget balance, net of one-off and other temporary measures is significantly higher than 0.5% of GDP. The Council and the Commission shall take into account whether a higher adjustment effort is made in economic good times, whereas the effort may be more limited in economic bad times.
Amendment 289 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
Amendment 302 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 4 – point a
Article 5 – paragraph 1 – subparagraph 4 – point a
(a) for Member States that have achieved the medium-term budgetary objective, annual expenditure growth does not exceed a prudentreference medium-term rate of potential GDP growth, unless the excess is matched by discretionary revenue measures;
Amendment 310 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 4 – point b
Article 5 – paragraph 1 – subparagraph 4 – point b
(b) for Member States that have not yet reached their medium-term budgetary objective, annual expenditure growth does not exceed a rate below a prudentreference medium- term rate of potential GDP growth, unless the excess is matched by discretionary revenue measures. The size of the shortfall of the growth rate of government expenditure compared to a prudentreference medium-term rate of potential GDP growth is set in such a way as to ensure an appropriate adjustment towards the medium-term budgetary objective;
Amendment 316 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 4 – point c
Article 5 – paragraph 1 – subparagraph 4 – point c
(c) for Member States that have not yet reached their medium-term budgetary objective, discretionary reductions of government revenue items are matched either by expenditure reductions or by discretionary increases in other government revenue items or both. The expenditure aggregate should exclude interest expenditure, expenditure on EU programmes fully matched by EU funds revenue and non-discretionary changes in unemployment benefit expenditure. The excess of expenditure growth over the medium-term reference should not be counted as a breach of the benchmark to the extent that it is fully offset by revenue increases mandated by law.
Amendment 322 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 5
Article 5 – paragraph 1 – subparagraph 5
The prudentreference medium-term ofrate of potential GDP growth shouldall be assessed on the basis of forward looking projections, over a ten-year horizonr on backward looking projections if the latter do not lead to a slower adjustment path towards the medium-term objective. Projections shall be updated at regular intervals.
Amendment 340 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 7
Article 5 – paragraph 1 – subparagraph 7
Amendment 356 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1466/97
Article 5 – paragraph 1 – subparagraph 9
Article 5 – paragraph 1 – subparagraph 9
In periods of severe economic downturn of a general nature Member States may be allowed to temporarily depart from the adjustment path implied by prudent fiscal- policy makingtowards the medium-term objective referred to in the fourth subparagraph.
Amendment 368 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 1
Article 6 – paragraph 1
1. As part of multilateral surveillance in accordance with Article 121(3) of the Treaty, the Council shall monitor the implementation of stability programmes, on the basis of information provided by participating Member States and of assessments by the Commission and the Economic and Financial Committee, in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium-term budgetary objective, or from the appropriate adjustment path towards it ensuing from deviations from prudent fiscal-policy making.
Amendment 375 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 2 – first subparagraph
Article 6 – paragraph 2 – first subparagraph
In the event of a significant deviation from prudent fiscal-policy makingthe adjustment path towards the medium- term objective referred in the fourth subparagraph of Article 5(1) of this regulation, and in order to prevent the occurrence of an excessive deficit, the Commission, in accordance with Article 121(4) of the Treaty may address a warning to the Member State concerned. shall address a warning to the Member State concerned. Such a warning shall be made public and the European Parliament may invite the Member State concerned to explain its policies before its competent committee. The Council shall, within one month of any significant deviation as referred to in the first subparagraph, adopt a recommendation for policy measures setting a deadline of no more than five months, for addressing the deviation, on the basis of a Commission recommendation, based on Article 121(4) TFEU. In the event of a particularly significant deviation or in a particularly serious situation, the deadline shall be no more than three months. The Council, on a proposal from the Commission, shall make the recommendation public. The Commission shall monitor the measures contained in the recommendation on the basis of surveillance visits in accordance with Article 6a and prepare a report to the Council. That report shall be made public within one month. If the Member State concerned fails to take appropriate action within the deadline specified in a Council recommendation under the second subparagraph, the Council shall immediately adopt a final recommendation setting out the non- compliance of the Member State on the basis of a further Commission recommendation in accordance with Article 121(4) TFEU. At the same time, the Council, on a proposal from the Commission, shall address a formal report to the European Council. The process from the Council recommendation referred to in the second subparagraph to the final Council recommendation and report to the European Council referred to in the fourth subparagraph shall be no longer than six months. A deviation from the medium-term budgetary objective or the appropriate adjustment path towards it shall be evaluated on the basis of an overall assessment with the structural balance as the reference, including an analysis of expenditure net of discretionary revenue measures, as defined in Article 5, paragraph 1.
Amendment 386 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1466/97
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 417 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 6 – subpoint b – subpoint i
Article 1 – point 6 – subpoint b – subpoint i
Regulation (EC) No 1466/97
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the medium-term budgetary objective and the adjustment path towards this objective for the general government balance as a percentage of GDP, the expected path of the general government debt ratio, the planned growth path of government expenditure, in particular bearing in mind the conditions and criteria to establish the expenditure growth under Article 9(1), the planned growth path of government revenue at unchanged policy and a quantification of the planned discretionary revenue measures, the medium-term monetary policy objectives, the relationship of those objectives to price and exchange rate stability and to the achievement of sustained convergence;
Amendment 432 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 6 – subpoint c
Article 1 – point 6 – subpoint c
Regulation (EC) No 1466/97
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The information about the paths for the general government balance and debt ratio, the growth of government expenditure, the planned growth path of government revenue at unchanged policy, the planned discretionary revenue measures, appropriately quantified, and the main economic assumptions referred to in paragraph 2(a) and (b) shall be on an annual basis and shall cover the preceding year, the current year and at least the following three years.
Amendment 444 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Council and the Commission, when assessing the adjustment path toward the medium-term budgetary objective, shall take into account whether a higher adjustment effort is made in economic good times, whereas the effort may be more limited in economic bad times. For Member States faced with a highdebt level of debt or excessive macroeconomic imbalances or both, the Councilexceeding 60% of GDP or with pronounced risks of overall debt sustainability, the Council and the Commission shall examine whether the annual improvement of the cyclically- adjusted budget balance, net of one-off and other temporary measures is higher than 0.5% of GDP. For ERM2 Member States, the Council and the Commission shall examine if the Member State concerned pursues an appropriate annual improvement of its cyclically adjusted balance, net of one-off and other temporary measures, required to meet its medium- term budgetary objective, with 0.5% of GDP as a benchmark.
Amendment 455 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Amendment 467 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 4 – point a
Article 9 – paragraph 1 – subparagraph 4 – point a
(a) for Member States that have achieved the medium-term budgetary objective, annual expenditure growth does not exceed a prudentreference medium-term rate of potential GDP growth, unless the excess is matched by discretionary revenue measures;
Amendment 474 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 4 – point b
Article 9 – paragraph 1 – subparagraph 4 – point b
(b) for Member States that have not yet reached their medium-term budgetary objective, annual expenditure growth does not exceed a rate below a prudentreference medium- term rate of potential GDP growth, unless the excess is matched by discretionary revenue measures. The size of the shortfall of the growth rate of government expenditure compared to a prudentreference medium-term rate of potential GDP growth is set in such a way as to ensure an appropriate adjustment towards the medium-term budgetary objective;
Amendment 478 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 4 – point c
Article 9 – paragraph 1 – subparagraph 4 – point c
(c) for Member States that have not yet reached their medium-term budgetary objective, discretionary reductions of government revenue items are matched either by expenditure cutreductions or by discretionary increases in other government revenue items or both. The expenditure aggregate should exclude interest expenditure, expenditure on EU programmes fully matched by EU funds revenue and non-discretionary changes in unemployment benefit expenditure. The excess of expenditure growth over the medium-term references should not be counted as a breach of the benchmark to the extent that it is fully offset by revenue increases mandated by law.
Amendment 484 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 5
Article 9 – paragraph 1 – subparagraph 5
The prudentreference medium-term ofrate of potential GDP growth, shouldall be assessed on the basis of projections over a ten-year horizonforward looking projections or on backward looking projections if the latter do not lead to a slower adjustment path towards the medium-term objective. Projections shall be updated at regular intervals.
Amendment 498 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 7
Article 9 – paragraph 1 – subparagraph 7
Amendment 510 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1466/97
Article 9 – paragraph 1 – subparagraph 9
Article 9 – paragraph 1 – subparagraph 9
In periods of severe economic downturn of a general nature Member States may be allowed to temporarily depart from the adjustment path implied by prudent fiscal- policy makingtowards the medium-term objective referred to in the fourth subparagraph.
Amendment 519 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1466/97
Article 10 – paragraph 1 – first subparagraph
Article 10 – paragraph 1 – first subparagraph
As part of multilateral surveillance in accordance with Article 121(3) of the Treaty, the Council shall monitor the implementation of convergence programmes, on the basis of information provided by Member States with a derogation and of assessments by the Commission and the Economic and Financial Committee, in particular with a view to identifying actual or expected significant divergences of the budgetary position from the medium-term budgetary objective, or from the appropriate adjustment path towards it, ensuing from deviations from prudent fiscal-policy making.
Amendment 528 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1466/97
Article 10 – paragraph 2 – first subparagraph
Article 10 – paragraph 2 – first subparagraph
In the event of a significant deviation from prudent fiscal-policy makingthe adjustment path towards the medium- term objective referred to in the fourth subparagraph of Article 9(1) of this Regulation, and in order to prevent the occurrence of an excessive deficit, the Commission, in accordance with Article 121(4) of the Treaty may address a warning to the Member State concerned. TFEU, shall address a warning to the Member State concerned. Such a warning shall be made public and the European Parliament may invite the Member State concerned to explain its policies before its competent committee. In the event of such a significant deviation, the Commission may require additional reporting from the Member State concerned. The Council shall, within one month of any significant deviation as referred to in the first subparagraph,, adopt a recommendation for policy measures setting a deadline of no more than five months for addressing the deviation, on the basis of a Commission recommendation, based on Article 121(4) TFEU. In the event of a particularly significant deviation or in a particularly serious situation, the deadline shall be no more than three months. The Council, on a proposal from the Commission, shall make the recommendation public. The Commission shall monitor the measures contained in the recommendation on the basis of surveillance visits and prepare a report to the Council. That report shall be made public within one month. If the Member State concerned fails to take appropriate action within the deadline specified in a Council recommendation under the second subparagraph, the Council shall immediately adopt a final recommendation setting out the non- compliance of the Member State, on the basis of a further Commission recommendation in accordance with Article 121(4) TFEU. At the same time, the Council, on a proposal from the Commission, shall address a formal report to the European Council. The process from the first Council recommendation referred to in the second subparagraph to the final Council recommendation and report to the European Council referred to in the fourth subparagraph shall be no longer than six months. A deviation from the appropriate adjustment path towards the medium-term objective shall be evaluated on the basis of an overall assessment with the structural balance as the reference, including an analysis of expenditure net of discretionary revenue measures as defined in Article 9, paragraph 1.
Amendment 530 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1466/97
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 317 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. However, in managing the traffic on the network effective cooperation of railway undertakings and infrastructure managers is essential.
Amendment 317 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved. However, in managing the traffic on the network effective cooperation of railway undertakings and infrastructure managers is essential.
Amendment 439 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility has not been in use for at least two consecutive years and interest is expressed on basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent unless the operator of such service facility demonstrates that an on-going process of reconversion prevents its use by any railway undertaking.
Amendment 439 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Where the service facility has not been in use for at least two consecutive years and interest is expressed on basis of demonstrated needs, its owner shall publicise the operation of the facility as being for lease or rent unless the operator of such service facility demonstrates that an on-going process of reconversion prevents its use by any railway undertaking.
Amendment 502 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 5
Article 30 – paragraph 3 – subparagraph 5
Amendment 502 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 5
Article 30 – paragraph 3 – subparagraph 5
Amendment 504 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6
Article 30 – paragraph 3 – subparagraph 6
Amendment 504 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6
Article 30 – paragraph 3 – subparagraph 6
Amendment 271 #
2010/0251(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 354 #
2010/0251(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) the natural or legal person has an arrangement with a third party under which that third party has confirmed reasonable expectation that the share or sovereign debt instrument hascan been located and reserved for lending for the natural or legal person so that settlement can be effected when it is due.
Amendment 363 #
2010/0251(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. In order to ensure uniform conditions of application of paragraph 1 powers are conferred to the Commission to adopt implementing technical standards identifying the types of agreements or arrangements that adequately ensurenormally provide the reasonable expectation that the share or sovereign debt instrument will be available for settlement.
Amendment 381 #
2010/0251(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. A trading venueclearing house or settlement system that has shares or sovereign debt admitted to trading shall ensure that it, or the central counterparty that provides clearing services for the trading venue, has procedures in place which comply with all of the following requirements:
Amendment 386 #
2010/0251(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) where a natural or legal person who sells shares or sovereign debt instruments on the venue is not able to deliver the shares or sovereign debt instrument for settlement within four trading days after the day on which the trade takes place, or six trading days after the day on which the trade takes placesettlement day, or six trading days after the settlement day in the case of market making activities, then procedures are automatically triggered for the trading venueclearing house or settlement system or central counterparty to buy-in the shares or sovereign debt instrument to ensure delivery for settlement;
Amendment 389 #
2010/0251(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) where the trading venueclearing house or settlement system or central counterparty is not able to buy-in the shares or the sovereign debt instrument for delivery then cash compensation is paid by the trading venue or the central counterparty to the buyer based on the value of the shares or the debt to be delivered at the delivery date plus an amount for any losses incurred by the buyer;
Amendment 392 #
2010/0251(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the natural or legal person who fails to settle pays an amount to the trading venueclearing house or settlement system or central counterparty to reimburse the trading venueclearing house or settlement system or central counterparty for all amounts paid pursuant to points (a) and (b).
Amendment 396 #
2010/0251(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. A trading venueclearing house or settlement system that has shares or sovereign debt instruments admitted to trading shall ensure that it has procedures in place, or that the settlement system that provides settlement services for the shares or sovereign debt instrument has procedures in place, which ensure that where a natural or legal person who sells shares or sovereign debt instrument on the venue fails to deliver the shares or sovereign debt instrument for settlement by the date on which settlement is due, then such natural or legal person is subject to the obligation to make daily payments to the trading venuclearing house or settlement system for each day that the failure continues.
Amendment 415 #
2010/0251(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Articles 5, 6, 7, to 8 and 12 shall not apply to the activities of an investment firm or a third country entity or a local firm that is a member of a trading venue or of a market in a third country, whose legal and supervisory framework has been declared equivalent pursuant to paragraph 2, when it deals as principal in any financial instrument including equities, options, derivatives, sovereign debt and corporate debt, whether traded on or outside a trading venue or as a systemic internaliser, in either or both of the following capacities:
Amendment 418 #
2010/0251(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 422 #
2010/0251(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) in a way that ordinarily has the effect of providing liquidity on a regular basis to the market on both bid and offer sides of the market of comparable size;
Amendment 424 #
2010/0251(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) as part of its usual business, by fulfilling orders initiated by clients or in response toand other market makers or in response to or in anticipation of clients' requests to trade, and by hedging positions arising out of those dealings, whether on a partial or macro basis.
Amendment 162 #
2010/0250(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Pension funds as defined in Directive 2003/41/EC with a risk averse risk-profile and that use derivates to hedge their pension liability risks should be made subject to the reporting obligations and the risk mitigation techniques for OTC derivative contracts not cleared by a CCP as laid down in this regulation. These pensions will however not be subject to the clearing obligation in order to avoid disproportionate costs for pensioners.
Amendment 285 #
2010/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22 a) 'Pension scheme' means either an occupational pension scheme (meaning an institution for occupational retirement provision as defined in Directive 2003/41/EC) or a personal pension scheme (meaning an arrangement where the provisions of national law accord particular benefits to the client in relation to the product by virtue of its use for the purpose of retirement planning).
Amendment 313 #
2010/0250(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Derivative contracts that are objectively measurable as reducing risks directly related to the financial solvency of a pension scheme shall be excluded from the clearing obligation set out in this article.
Amendment 106 #
2010/0207(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) In order to prevent future claims on Deposit Guarantee Schemes, there should be a strong focus on preventive action and supervision, ensuring a coordinated and transparent assessment of business models of new and existing players, based on a common approach agreed between EBA and the competent authorities, potentially resulting in additional supervisory requirements, mandatory changes to the business model, or even exclusion of credit institutions that take irresponsible risks.
Amendment 110 #
2010/0207(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive does not prevent Member States to include within the scope of the Directive those institutions which satisfy the definition of credit institutions but are exempted under Article 2 of Directive 2006/48/EC. For the purpose of this Directive, all credit institutions affiliated to the same central body under Article 3(1) of Directive 2006/48/EC together with that central body are treated as one credit institution on a consolidated basis.
Amendment 112 #
2010/0207(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Although, in principle, all credit institutions should be members of a Deposit Guarantee Scheme, it should be recognised that there are systems which protect the credit institution itself (Institutional Protection Schemes) and, in particular, ensure its liquidity and solvency. Such schemes guarantee protection for depositors beyond that provided by a Deposit Guarantee Scheme. If such schemes are separate from Deposit Guarantee Schemes, their additional safeguard role of systems should be taken into account when the contributions of its members to Deposit Guarantee Schemes are determined. The harmonised level of coverage should not affect schemes protecting the credit institution itself unless they repay depositors. Depositors should have a claim against all schemes, in particular if protection by a Mutual Guarantee Scheme cannot be ensured. No scheme or system should thus be excluded from this Directive, thereby ensuring a high level of consumer protection and a level-playing field between credit institutions as well as preventing regulatory competition.
Amendment 113 #
2010/0207(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The key task of Deposit Guarantee Schemes is to protect depositors against the consequences of insolvency of a credit institution. Deposit Guarantee Schemes should be able to provide this protection at any time through a pure reimbursement ('paybox') function.
Amendment 124 #
2010/0207(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The financial means of Deposit Guarantee Schemes should principally be used for the repayment of depositors. They could, however, exceptionally also be used in order to finance the transfer of deposits to another credit institution, provided that the costs borne by the Deposit Guarantee Scheme do not exceed the lowest of a) the amount of covered deposits at the credit institution concerned. They could also to a certain ext or b) the net costs resulting out of repayment, as circumscribed ccording the Directive, be used to finance the prevention of bank failures. Such measures should comply with state aid rules. This is without prejudice to the future Commission policy concerning the establishment of national banko Article 7, paragraph 1 of this Directive. The available financial means may not be used for other purposes or forms of resolution funds.
Amendment 126 #
2010/0207(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Contributions to Deposit Guarantee Schemes should take account of the degree of risk incurred by their members. This would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model. Developing a set of core indicators mandatory for all Member States and another set of optional supplementary indicators, based on a common approach agreed between EBA and the competent authorities, would introduce such harmonisation gradually.
Amendment 147 #
2010/0207(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘target level’ means 1.5% of eligiblecovered deposits for the coverage of which a Deposit Guarantee Scheme is responsible;
Amendment 167 #
2010/0207(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) Deposits in respect of which the depositor and the credit institution have contractually agreed that the deposit shall be applied towards the discharge of specific obligations of the depositor towards the credit institution or another party, provided that by virtue of the law or contractual arrangements, the amount of the deposit can be offset by the depositor or will be offset automatically against such obligations in circumstances where the deposit would otherwise have become an unavailable deposit;
Amendment 244 #
2010/0207(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
They may howeverexceptionally also be used in order to finance the transfer of deposits to another credit institution, provided that the net costs borne by the Deposit Guarantee Scheme do not exceed the lowest of a) the amount of covered deposits at the credit institution concerned or b) the net costs resulting out of repayment according to Article 7, paragraph 1 of this Directive. In this case, the Deposit Guarantee Scheme shall, within one month from the transfer of deposits, submit a report to the European Banking Authority proving that the limit referred to above was not exceeded. The available financial means may not be used for other purposes or forms of resolution.
Amendment 245 #
2010/0207(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3 – introductory part
Article 9 – paragraph 5 – subparagraph 3 – introductory part
Amendment 256 #
2010/0207(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 4
Article 9 – paragraph 5 – subparagraph 4
Amendment 270 #
2010/0207(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The contributions to Deposit Guarantee Schemes referred to in Article 9 shall be determined for each member on the basis of the degree of risk incurred by it. Credit institutions shall not pay less than 75% or more than 2300% of the amount that a bank with an average risk would have to contribute. Member States may decide that members of Schemes referred to in Article 1(3) and (4) pay lower contributions to Deposit Guarantee Schemes but not less than 37.5% of the amount that a bank with an average risk would have to contribute.
Amendment 278 #
2010/0207(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States may allow that all credit institutions affiliated to the same central body under Article 3(1) of Directive 2006/48/EC are subject as a whole to the risk weight determined for the central body and its affiliated institutions on a consolidated basis. Member States may decide that credit institutions shall pay a minimum contribution, irrespective of the amount of their covered deposits.
Amendment 50 #
2010/0160(COD)
Proposal for a regulation – amending act
Recital 15
Recital 15
(15) The European Supervisory Authority (European Securities and Markets Authority) should be able to propose to the Commission to impose periodic penalty payments. The purpose of those periodic penalty payments should be to achieve that an infringement established by the European Supervisory Authority (European Securities and Markets Authority) is put to an end, that complete and correct information which the European Supervisory Authority (European Securities and Markets Authority) has requested is supplied and that credit rating agencies and other persons submit to an investigation. Moreover, for deterrence purposes and to compel credit rating agencies to comply with the Regulation, the Commission should also be able to impose fines, following a request of the European Supervisory Authority (European Securities and Markets Authority,) should also be able to impose fines where, intentionally or negligently, specific provisions of the Regulation have been breached. The fine shall be dissuasive and proportionate to the nature and seriousness of the breach, the duration of the breach and the economic capacity of the credit rating agency concerned. Detailed criteria for establishing the amount of the fines as well as procedural aspects related to fines should be set out by the Commission in a delegated act. Member States should only remain competent for laying down and implementing the rules on penalties applicable to the infringement of the obligation of financial firms to use, for regulatory purposes only credit ratings issued by credit rating agencies registered in accordance with this Regulation.
Amendment 54 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 1 – point b – point i
Article 1 – point 1 – point b – point i
Regulation (EC) No 1060/2009
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) the credit rating agency has verified and is able to demonstrate on an ongoing basis to the European Supervisory Authority (European Securities and Markets aAuthority (hereinafter referred to as "ESMA") that the conduct of credit rating activities by the third-country credit rating agency resulting in the issuing of the credit rating to be endorsed fulfils requirements which are at least as stringent as the requirements set out in Articles 6 to 12. In all cases, including when the credit rating agency itself applies such requirements to its activities in that third country, the endorsing credit rating agency shall remain responsible to the European Supervisory Authority (European Securities and Markets Authority) for its compliance with such requirements in accordance with paragraph 5 of this Article;
Amendment 107 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 a – paragraph 1
Article 36 a – paragraph 1
1. At ESMA's request, the Commission may by decisionThe European Supervisory Authority (European Securities and Markets Authority) may impose on a credit rating agency a fine where, intentionally or negligently, the credit rating agency has committed one of the breaches listed in Annex III.
Amendment 116 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 b – paragraph 1 – introductory part
Article 36 b – paragraph 1 – introductory part
1. At ESMA's request, the Commission may, by decision,The European Supervisory Authority (European Securities and Markets Authority) may impose on the persons referred to in Article 23a(1) periodic penalty payments in order to compel them:
Amendment 118 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 c – paragraph 1
Article 36 c – paragraph 1
1. Before taking decision on a fine or periodic penalty payment as provided for in Articles 36a and 36b, the CommissionEuropean Supervisory Authority (European Securities and Markets Authority) shall give the persons which are the subject of the proceedings the opportunity of being heard on the matters to which the Commission has taken objection. The CommissionEuropean Supervisory Authority (European Securities and Markets Authority) has taken objection. The European Supervisory Authority (European Securities and Markets Authority) shall base its decisions only on objections on which the parties concerned have been able to comment.
Amendment 119 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 c – paragraph 2
Article 36 c – paragraph 2
2. The rights of defence of the persons concerned shall be fully respected in the proceedings. They shall be entitled to have access to the CommissionEuropean Supervisory Authority (European Securities and Markets Authority)'s file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the CommissionEuropean Supervisory Authority (European Securities and Markets Authority).
Amendment 121 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 d – paragraph 1
Article 36 d – paragraph 1
1. The CommissionEuropean Supervisory Authority (European Securities and Markets Authority) shall disclose to the public every fine and periodic penalty payment that has been imposed according to Articles 36a and 36b.
Amendment 123 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 e
Article 36 e
The Court of Justice shall have unlimited jurisdiction to review decisions whereby the CommissionEuropean Supervisory Authority (European Securities and Markets Authority) has fixed a fine or imposed a periodic penalty payment. It may annul, reduce or increase the fine or periodic penalty payment imposed.
Amendment 33 #
2009/2173(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for an independent report to be drawn up about the potential moral hazard of state intervention in the financial sector; asks the Commission to report on restructuring progress made by the beneficiaries of State aid, and to provide more clarity concerning the repayment of State aid and possible sanctions for failure to repay; urges the Commission to clarify the binding restructuring measures related to potential distortive effects resulting in differences in repayment conditions between Member States;
Amendment 15 #
2009/2154(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the social rules in road transport, in particular Regulation (EEC) No 3821/85 and Regulation (EC) No 561/2006, together with Directive 2006/22/EC, afford the Member States a great deal of scope for interpretation; regrets that the many imprecise formulations in the European rules necessarily result in a failure to achieve uniform transposition into national law in the Member States; takes the view that to achieve further harmonisation we first need uniform and binding interpretation of these Regulations and Directive;
Amendment 19 #
2009/2154(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the European Commission to encourage that inspection bodies in cooperation with representatives of the transport sector come up with an uniform and binding interpretation of the Regulation of the driving and resting- hours. The inspection bodies should take this interpretation into account;
Amendment 24 #
2009/2154(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that to achieve further approximation of the types of penalties and of the levels of fines, a categorization of fines linked to a categorization of penalties is needed, as well as minimum and maximum penalties for each infringement against the social rules in road transport should be laid down;
Amendment 38 #
2009/2154(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 53 #
2009/2154(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for this Agency to be made responsible foron the European Commission to drawing up European minimum standards for the training of inspection bodies and for coordinating cooperation between the inspection bodies; also considers that this Agencye European Commission should contribute to improving the collection of statistical information so as to enable more meaningful analysis of the effectiveness of enforcement and promote a harmonised approach by the Member States to enforcement issues;
Amendment 73 #
2009/2154(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to establish an appropriate infrastructure, i.e. sufficient and safe parking spaces, on the European road network so that drivers can in fact comply with the provisions on driving times and rest periods and so that checks can be carried out efficiently; points out that the safety aspect must be of particular importance in the case of these facilities;
Amendment 86 #
2009/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. stresses that decarbonising transport is one of the main challenges of future EU transport policy and that all available, sustainable means should be used in order to achieve this, such as an energy mix, research, completion of the internal market for transport, price formation measures and internalising external costs of all modes of transport, provided that the ensuing revenue is used to improve the sustainability of mobility; underlines that, to this end, the priority development of financial incentives, ruling out any distortions of competition in the process, should be preferred to the imposition of sanctions;
Amendment 177 #
2009/2096(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of the completion of the internal market, of the reduction of administrative burdens and of more harmonisation in the execution and maintenance in the area of transport, like driving and resting hours;
Amendment 281 #
2009/2096(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is convinced that the definition of a European core network within the overall TEN network should be evaluated according to criteria of sustainable development at European and also regional level, and that multimodal platforms remain an essential element of infrastructural supply, since they enable effective interconnections between different modes of transport; therefore investments in logistics, and Public Private Partnership constructions, are essential;
Amendment 317 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 2
Paragraph 20 - indent 2
Amendment 364 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 7
Paragraph 20 - indent 7
- financial support for the creation and development of multimodal connections (platforms) for inland waterway transport, and a 20% increase in the number of such platforms, by 2020,
Amendment 372 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 7 a (new)
Paragraph 20 - indent 7 a (new)
- at least 10% out of the TEN-T funds to be dedicated to inland waterway projects,
Amendment 126 #
2009/0170(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. To ensure proper coordination of inquiries into the causes of accidents and incidents, the safety investigation authority shall cooperate with other authorities in particular through advance arrangements with the judicial, civil aviation, search and rescue and other authorities likely to be involved in the investigation. The advance arrangements shall cover among others the following subjects: a) access to the site of the accident; b) preservation of and access to evidence; c) initial and ongoing debriefings of the status of each process; d) exchange of information; e) prevention of the inappropriate use of safety information; f) resolution of conflicts.
Amendment 254 #
2009/0144(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
For that purpose, the Authority shall have appropriate powers of investigation and enforcement as specified in the relevant legislation, as well as the possibility of charging fees. The Authority shall work in close cooperation with the competent authorities and build on their expertise, facilities and powers to execute the exclusive supervisory powers and carry out investigations.
Amendment 357 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Where the ESRB has adopted a decision pursuant to paragraph 1, the ESRB shall review this decision at regular intervals and on request of the Authority, the Parliament, the Council or the Commission and declare the discontinuation of the emergency situation when appropriate.
Amendment 376 #
2009/0144(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. A legally binding mediation role should allow the new Authorities to solve disputes between national competent authorities following the procedure set up on Article 11.
Amendment 399 #
2009/0144(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The Authority shall make the outcome of peer reviews and the best practices that can be identified from these peer reviews publicly available.
Amendment 185 #
2009/0143(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Where appropriate, the Authority should consult interested parties on technical standards, guidelines and recommendations and provide them with a reasonable opportunity to comment on proposed measures. For reasons of efficiency, antwo stakeholders groups – one for Insurance, and Reinsurance and the other for Occupational Pension Funds Stakeholder Group– should be established for that purpose, the first representing in balanced proportions CommunityUnion insurance and reinsurance firms as well asnd the second representing occupational pension funds (including as appropriate institutional investors and other financial institutions which themselves use financial services), their employees and consumers and other retail users of the insurance, reinsurance and occupational pension services, including SMEs. The Insurance, Reinsurance and Occupational Pension Fundse Stakeholder Groups should actively work as an interface with other user groups in the financial services area established by the Commission or CommunityUnion legislation.
Amendment 231 #
2009/0143(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
For that purpose, the Authority shall have appropriate powers of investigation and enforcement as specified in the relevant legislation, as well as the possibility of charging fees. The Authority shall work in close cooperation with the competent authorities and build on their expertise, facilities and powers to execute the exclusive supervisory powers and carry out investigations.
Amendment 268 #
2009/0143(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Authority shall conduct open public consultations with all stakeholders and shall analyse the potential related costs and benefits before issuing guidelines and recommendations, in line with established best practices among national authorities. The Authority shall request an opinion or advice from the Insurance and Reinsurance as well as the Occupational Pension Funds Stakeholder Groups referred to in Article 22.
Amendment 337 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
Amendment 359 #
2009/0143(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. A legally binding mediation role should allow the new Authorities to solve disputes between national competent authorities following the procedure set up in Article 11.
Amendment 383 #
2009/0143(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The Authority shall make the outcome of peer reviews and the best practices that can be identified from those peer reviews publicly available.
Amendment 412 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. For the purpose of consultation with stakeholders in areas relevant to the tasks of the Authority, anthe Insurance, and Reinsurance andStakeholder Group, and the Occupational Pension Funds Stakeholder Group shall be established.
Amendment 415 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
2. The Insurance, and Reinsurance and the Occupational Pension Funds Stakeholder Groups shall each be composed of 30 members,. The Insurance and Reinsurance Stakeholder Group shall representing in balanced proportions Community insurance and reinsurance firms as well as occupational pension, their employees as well as consumers and users of the insurance. The Occupational Pension Funds Stakeholder Group shall represent in balanced proportions European Union occupational pensions funds, their memployebers and beneficiaries as well as consumers and users of the insurance, reinsurance and occupational pensions' services.
Amendment 423 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. The members of the Insurance, and Reinsurance andStakeholder Group and the Occupational Pension Funds Stakeholder Group shall be appointed by the Board of Supervisors of the Authority, following proposals from the relevant stakeholders.
Amendment 428 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 3
Article 22 – paragraph 3 – subparagraph 3
The Authority shall ensure adequate secretarial support for the Insurance, and Reinsurance andStakeholder Group and the Occupational Pension Funds Stakeholder Group.
Amendment 433 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
4. Members of the Insurance, and Reinsurance Stakeholder Group and Occupational Pension Funds Stakeholder Group shall serve for a period of two and a half years, following which a new selection procedure shall take place.
Amendment 440 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The Insurance, and Reinsurance andStakeholder Group and the Occupational Pension Funds Stakeholder Group may submit opinions and advice to the Authority on any issue related to the tasks of the Authority specified in Articles 7 and 8.
Amendment 447 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Insurance, and Reinsurance Stakeholder Group and Occupational Pension Funds Stakeholder Group shall adopt itstheir rules of procedure
Amendment 450 #
2009/0143(COD)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The Authority shall make public the opinions and advice of the Insurance, and Reinsurance Stakeholder Group and Occupational Pension Funds Stakeholder Group and the results of itstheir consultations.
Amendment 570 #
2009/0143(COD)
Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
That report shall also evaluate progress achieved towards regulatory and supervisory convergence in the fields of crisis management and resolution in the Community. The evaluation shall be based on extensive consultation, including with the Insurance, and Reinsurance Stakeholder Group and the Occupational Pension Funds Stakeholder Group.
Amendment 186 #
2009/0142(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) It is desirable that the Authority promote a consistent approach in the area of deposit guarantees to ensure a level playing field and the equitable treatment of depositors across the Community. As deposit guarantee schemes are subject to oversight in their Member States rather than regulatory supervision, it is appropriate that the Authority should be able to exercise its powers under this Regulation in relation to the deposit guarantee scheme itself and its operator. The role of the Authority will be reviewed once a European Deposit Guarantee fund will be established.
Amendment 228 #
2009/0142(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) A European deposit guarantee fund should be established to protect depositors. Contributions to this fund should gradually replace those made by the national Deposit Guarantee Schemes.
Amendment 349 #
2009/0142(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
For that purpose, the Authority shall have appropriate powers of investigation and enforcement as specified in the relevant legislation, as well as the possibility of charging fees. The Authority shall work in close cooperation with the competent authorities and build on their expertise, facilities and powers to execute the exclusive supervisory powers and carry out investigations.
Amendment 485 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Where the ESRB has adopted a decision pursuant to paragraph 1, the ESRB shall review this decision at regular intervals and on request of the Authority, the Parliament, the Council or the Commission and declare the discontinuation of the emergency situation when appropriate.
Amendment 504 #
2009/0142(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. A legally binding mediation role should allow the new Authorities to solve disputes between national competent authorities following the procedure set up on Article 11.
Amendment 530 #
2009/0142(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The Authority shall make the outcome of peer reviews and the best practices that can be identified from these peer reviews publicly available.
Amendment 133 #
2009/0140(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The independent Advisory Expert Committee referred to in Article 12a shall provide impartial advice and background information on substance issues relevant to the work of the ESRB and the stability of the financial system as a whole.
Amendment 179 #
2009/0140(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point h a (new)
Article 11 – paragraph 1 – point h a (new)
(ha) the Chair of the Advisory Expert Committee.
Amendment 194 #
2009/0140(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Advisory Expert Committee 1.The Advisory Expert Committee shall be composed of nine experts with acknowledged competence and guaranteed independence proposed by the Steering Committee, who shall represent a wide range of experience and skills and who shall be approved by the General Board for a two-year renewable mandate. 2. The Chair of the Advisory Expert Committee shall be appointed by the General Board following a proposal from the Chair of the Steering Committee. 3. The Advisory Expert Committee shall perform the tasks referred to in Article 4(5a). 4. The ESRB Secretariat shall support the work of the Advisory Expert Committee and the Head of the Secretariat shall participate in the meetings.
Amendment 84 #
2009/0132(COD)
Proposal for a directive – amending act
Recital 13
Recital 13
(13) As tThe prospectus can be updated by way of supplements according to Directive 2003/71/EC,. However, by extending the validity period there is noa risk that it may become outdated. Therefore, githe prospectus becomes incomplete, as not all information can be adjusted through a supplement. Therefore, in order to preserven the time and costs of drafting and approving areadability of the prospectus, the validity period of 12 months of the prospectus, base prospectus and registration document should be extended to 24 months provided they are properly supplemented12 months.
Amendment 106 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point -a a (new)
Article 1 – point 3 – point -a a (new)
Directive 2003/71/EC
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(-aa) In paragraph 2, point (c) is replaced by the following: "(c) an offer of securities addressed to investors who acquire securities for a total consideration of at least EUR 100 000 per investor, for each separate offer; and/or"
Amendment 109 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point -a b (new)
Article 1 – point 3 – point -a b (new)
Directive 2003/71/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(-ab) In paragraph 2, point (d) is replaced by the following: "(d) an offer of securities whose denomination per unit amounts to at least EUR 100 000; and/or"
Amendment 117 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Directive 2003/71/EC
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(ba) The following paragraph is inserted after paragraph 3: "3a. In order to take account of technical developments on financial markets, including inflation, the Commission shall adopt, by means of delegated acts in accordance with Articles 24a, 24b and 24c, measures concerning the thresholds in Article 3(2)(c) to (e)."
Amendment 118 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/71/EC
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
3a. In Article 4(1), point (a) is replaced by the following: "(a) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, issued in substitution for shares of the same class already issued, if the issuing of such new shares does not involve any increase in the issued capital;"
Amendment 120 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 c (new)
Article 1 – point 3 c (new)
Directive 2003/71/EC
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
3c. In Article 4(1), point (d) is replaced by the following: "(d) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, offered, allotted or to be allotted free of charge to existing shareholders, and dividends paid out in the form of shares of the same class as the shares in respect of which such dividends are paid, provided that a document is made available containing information on the number and nature of the shares and the reasons for and details of the offer;"
Amendment 123 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
4a. In Article 4(2), point (a) is replaced by the following: "(a) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, representing, over a period of 12 months, less than 10 per cent of the number of shares of the same class already admitted to trading on the same regulated market;"
Amendment 124 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 4 b (new)
Article 1 – point 4 b (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
4b. In Article 4(2), point (b) is replaced by the following: "(b) shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares, issued in substitution for shares of the same class already admitted to trading on the same regulated market, if the issuing of such shares does not involve any increase in the issued capital;"
Amendment 125 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 4 c (new)
Article 1 – point 4 c (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 126 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 4 d (new)
Article 1 – point 4 d (new)
Directive 2003/71/EC
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
4d. In Article 4(2), point (g) is replaced by the following: "(g)shares, or shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares resulting from the conversion or exchange of other securities or from the exercise of the rights conferred by other securities, provided that the said shares are of the same class as the shares already admitted to trading on the same regulated market;"
Amendment 144 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2003/71/EC
Article 9 – paragraphs 1 and 2
Article 9 – paragraphs 1 and 2
1. A prospectus shall be valid for 124 months after its publication for offers to the public or admissions to trading on a regulated market, provided that the prospectus is completed by any supplements required pursuant to Article 16. 2. In the case of an offering programme, the base prospectus, previously filed, shall be valid for a period of up to 124 months.
Amendment 148 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 2003/71/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. A registration document, as referred to in Article 5(3), previously filed and approved, shall be valid for a period of up to 124 months provided that it has been supplemented in accordance with Article 16. The registration document, supplemented if necessary in accordance with Article 16, accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus.
Amendment 170 #
2009/0064(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The scope of this Directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk-spreading for the benefit of those investors. It should cover managers of all such collective investment undertakings which are not required to be authorised as UCITS. This Directive should not apply to the management of pension funds or managers of non-pooled investments such as endowments, sovereign wealth funds or assets hoeld on own account by credit institutions, insurance or reinsurance undertakings. This Directive should neither apply to actively managed investments in the form of securities, such as certificates, managed futures, or index-linked bonds. It should, howeNor, for the purposes of this Directiver, cover managers of all collective investment undertakings which are not required to be authorised as UCITSis an undertaking which principally acts as a holding entity for a group of subsidiary undertakings and which owns strategic stakes in undertakings with a view to long term holding rather than for the purpose of generating returns through divestment within a defined timeframe, to be regarded as a collective investment undertaking. Investment firms authorised under Directive 2004/39/EC on Markets in Financial Instruments2 should not be required to obtain an authorisation under this Directive in order to provide investment services in respect of AIF. Investment firms can however only provide investment services in respect of AIF, if and to the extent the units or shares thereof can be marketed in accordance with this Directive.
Amendment 176 #
2009/0064(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
Amendment 274 #
2009/0064(COD)
Proposal for a directive
Recital 19
Recital 19
(19) AIFM should alsony investor established in the Union should be ablfree to market AIF domiciledinvest, on its own initiative, in a third countries to professional investors both in the home Member Statey fund in accordance with the existing national private placement regimes. However, in such a case, transparency of the AIFMfund and in other Member States. That right should be subject to notification procedures and the existence of a tax agreement with the third country concerned which ensures an efficient exchange of informationeffective monitoring of potential systemic risk should be ensured. To that end, if the AIFM is established in a third country, the competent authority of the Member State in which the relevant AIF is marketed should have an agreement for cooperation and exchange of information concerning systemic risk with the taxcompetent authoritiesy in the domicile of the Community investors. Given the fact that such AIF and the third country in which they are domiciled have to meet additional requirements, some of which first have to be laid down in implementing measures, the rights grantedat third country. In addition, to complete the internal market, AIF established in the Union and managed by an AIFM established in the Union should benefit from a European marketing passport under theis Directive to market AIF domiciled in third countries to professional investors should only become effective three years after the transposition period. In the meantime Member States may allow or continue to allow AIFM to market AIF domiciled in third countries to professional. As UCITS benefit from the UCITS brand, so also should an AIF established in the Union benefit from such a European brand, offering the investors the standards as set by this Directive, reinforced by the requirement that the depository and the AIF should be established in the same Member State. Those provisions should not be circumvented though master-feeder structures. Therefore, when a feeder AIF investors oin their territory subject to national law. During this period of three years, AIFM can however not market such AIF to professional investors in other Member States on the basis of rights granted under this Directivea master fund which would not benefit from the European marketing passport under this Directive, that feeder AIF should not benefit from the European passport.
Amendment 331 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
In cases where the law under which the AIF is organised requires the establishment of a board of directors or any other governing body and the governing body is responsible for the performance of the management functions in relation to the AIF, then the AIF shall be considered as the AIFM for the purposes of this directive.
Amendment 338 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1c (new)
Article 2 – paragraph 1c (new)
1c. This Directive shall not prevent or restrict investors from disposing of units or shares which they hold in AIF on the capital market. Such investors, or their intermediaries, may offer or place such shares or units to or with investors in a Member State in accordance with the national law of that Member State. However, where such offering or placement is at the initiative of the AIFM managing such AIF, such offering or placement shall be treated as marketing by such AIFM for the purposes of this Directive.
Amendment 348 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) AIFM which either directly or indirectly through a company with which the AIFM is linked by common management or control, or by a substantive direct or indirect holding, manage portfolios of AIF whose assets under management, including any assets acquired through use of leverage, in total do not exceed a threshold of EUR 100 million Euro or 500 millions eor EUR 1 billion when the portfolio of AIF consists of AIF that are not leveraged and have no redemption rights exercisable during a period of 5 years following the date of constitution of each AIF. For the purpos when thees of calculating such thresholds: (i) portfolios of AIF consists ofmanaged by the AIFM or the management of which is delegated by the AIFM shall be included, but portfolios the AIFM is managing under delegation shall be excluded; (ii) in relation to AIF that are not leveraged and withhave no redemption rights exercisable during a period of 5 years following the date of constitution of each AIF;he AIF, the thresholds shall be applied to the total of the investors’ commitments to the AIF rather than to the amount of assets under management.
Amendment 410 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. This Directive shall not apply to AIFM insofar as they manage one or more AIF whose only investors are (i) the AIFM themselves, (ii) the parent undertakings or the subsidiaries of the AIFM, (iii) other subsidiaries of those parent undertakings or (iv) pension funds connected to the institutions mentioned under (i), (ii) and (iii) and to which those institutions contribute pension premium payments, provided that none of those investors itself is an AIF.
Amendment 440 #
2009/0064(COD)
Proposal for a directive
Article 3 – point a
Article 3 – point a
(a) ‘Alternative investment fund’ or AIF means any collective investment undertaking, including investment compartments thereof whose object is the collective investment in assets which raises capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk- spreading for the benefit of those investors, including investment compartments of any such undertaking, and which does not require authoriszation pursuant to Article 5 of Directive 2009/…65/EC [the UCITS Directive];
Amendment 463 #
2009/0064(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘Marketing’ means any generaldirect or indirect offering or placement of units or shares in an AIF to or with investors domiciled in the Community, regardless of at whos, at the initiative of the AIFM or on behalf of the AIFM, of shares or units in an AIF to or with investors domiciled in the Union; The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c setting out principles clarifying circumstances in which marketing as defined in point (e) shall be deemed to be at the initiative of the offer or placement takes place;AIFM, taking into account the means of communication to investors and the form and content of available information on the AIF.
Amendment 622 #
2009/0064(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The AIFM shall ensure that the functions of risk management and portfolio management are separated and subject to separate reviewso far as is appropriate and proportionate in view of the nature, scale and complexity of the AIFM and the AIF it manages.
Amendment 687 #
2009/0064(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Paragraphs 1 to 4 shall not apply to AIFM only managing AIF which: (a) are not leveraged; (b) have no redemption rights exercisable during a period of five years following the date of constitution of each AIF; and (c) in accordance with their investment strategy and objectives, make investments and divestments infrequently. The Member States shall require that the initial capital of an AIFM which fulfils the conditions set out in the first subparagraph is at least EUR 50 000.
Amendment 743 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. AIFM shall ensure that the valuator has appropriate and consistent procedures to value the assets of the AIF in accordance with existing applicable valuation standards and rules, in order to reflect the net asset value of the shares or units of the AIFThe valuation procedures used shall ensure that the assets and shares or units are valued at least once a year. If the AIF is of the open-ended type, such valuations shall also be carried out at a frequency which is appropriate given the specificities of the underlying assets held by the fund and its issuance and redemption policy. Where an external valuer is used, the AIFM must be able to demonstrate that such third party is qualified and capable of undertaking the functions in question, that it was selected with due care and that the AIFM is in a position to monitor effectively at any time the activity of the external valuer. The use of an external valuer shall not prevent the effectiveness of supervision by the AIFM, and, in particular, it must not prevent the AIFM from acting, or the AIF from being managed, in the best interests of its investors. Where an external valuer is not used, the competent authorities of the home Member State may require the AIFM to have its valuation procedures and/or valuations verified by an external valuer or, where appropriate, an auditor. The home Member State may also require all valuation, whether carried out by the AIFM or by an external valuer, to be subject to oversight by the depositary.
Amendment 773 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
4. The Commission shall adopt implementing measures further specifying the criteria under which a valuator can be considered independent in the meaning ofdelegated acts in accordance with Articles 49a, 49b and 49c further specifying the criteria concerning the procedures for the proper valuation of the assets and shares or units of AIF and the appropriate level of functional independence of the valuation function. Such acts shall also specify the appropriate frequency of valuation to be carried out by open-ended funds given the underlying assets held by the fund and its issuance and redemption policy. The Commission shall also adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying the criteria where there is a need for external verification as referred to in paragraph 12.
Amendment 789 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For each AIF it manages, (other than for AIF which are closed-ended and which have an investment policy of investing mainly in financial instruments or other assets held for long-term investment and not for trading purposes) the AIFM shall ensure that a depositary is appointed to fulfil, where relevant, the following tasks:
Amendment 864 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The depositary shall be either: (a) a credit institution having its registered office in the Community and be authorised in accordance with Directive 2006/48/EC of the European Parliament and Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast).;
Amendment 875 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a a (new)
Article 17 – paragraph 3 – point a a (new)
(aa) an investment firm authorised in accordance with Directive 2004/39/EC to also provide the ancillary service of safe- keeping and administration of financial instruments for the account of clients in accordance with Section B(1) of Annex I to that Directive, having its registered office in the Union;
Amendment 883 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a e (new)
Article 17 – paragraph 3 – point a e (new)
(ae) a legal person which is authorised by the competent authorities of the home Member State of the AIFM to act as a depositary, which is subject to prudential regulation and ongoing supervision and which can provide sufficient financial and professional guarantees to be able to effectively perform the relevant depositary functions and meet the commitments inherent to those functions.
Amendment 997 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point b
Article 18 – paragraph 1 – subparagraph 2 – point b
(b) where the delegation concerns the portfolio management or the risk management, the third party must also be authorised as an AIFM to manage an AIF of the same typemandate shall be given only to undertakings which are authorised or registered for the purpose of asset management and subject to supervision;
Amendment 1028 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. An AIFM shall, for each of the AIF it manages, make available an annual report for each financial year. The annual report shall be made available to investors and competent authorities no later than four months following the end of the financial year or, in the case of AIF which invest in other AIF, no later than six months following the end of the financial year.
Amendment 1110 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. For each AIF that an AIFM manages, it which permits redemptions at the option of investors, the AIFM shall periodically disclose to investors:
Amendment 1124 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing measuredelegated acts further specifying the disclosure obligations of AIFM and the frequency of the disclosure referred to in paragraph 2.These measureacts shall be adapted to the type of AIFM to which they apply and be proportionate, taking account, inter alia, of the different size, resources, complexity, nature, investments, investment strategies and techniques, structures and investors of different types of AIFM.
Amendment 1143 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. An AIFM shall only be required to report the information referred to in points (a), (b) and (c) in relation to AIF which permit redemptions at the option of investors. For each AIF an AIFM manages, it shall periodically report the following to the competent authorities of its home Member State:
Amendment 1251 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 1260 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. The competent authorities shall assess the risks that the use of leverage by an AIFM with respect to the AIF it manages could entail, and when it is deemed necessary in order to ensure the stability and integrity of the financial system, the competent authorities of the home Member State of the AIFM shall impose limits to the level of leverage that an AIFM is permitted to employ. The competent authorities of the home Member State of the AIFM shall duly inform the competent authorities of the home Member State of the AIF, the ESMA and the ESRB of actions taken in that respect, in accordance with Article 46.
Amendment 1265 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3 b (new)
Article 25 – paragraph 3 b (new)
3b. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c setting out principles clarifying the circumstances in which competent authorities should implement the provisions in paragraph 3a, taking into account different strategies of AIF, different market conditions in which AIF operate and possible pro-cyclical effects following from exercising the provisions.
Amendment 1269 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 3 c (new)
Article 25 – paragraph 3 c (new)
3c. In order to ensure uniform application of this Article, the ESMA may develop draft technical standards to determine the conditions of application of the provisions in paragraph 3a, taking into account the delegated acts adopted by the Commission in accordance with this paragraph. 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 1274 #
2009/0064(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 1455 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4a (new)
Article 31 – paragraph 4a (new)
4a. Subject to national law, an AIFM home Member State may permit AIFM to market on its territory AIF domiciled outside the Union. Where an AIF permits redemptions at the option of investors, such a possibility requires that the AIFM be domiciled in the Union or that a cooperation agreement and an efficient exchange of all relevant information for monitoring systemic risks exists between: (a) the competent authorities of the Member State where the AIF is marketed and the third country competent authorities; (b) the AIFM and its supervisor; (c) the AIFM's supervisor and the ESMA.
Amendment 1470 #
2009/0064(COD)
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. Member States shall not allow the marketing of an AIF to retail investors in their territory if such AIF invests more than 30 % in other AIFs which do not benefit from the European passport, unless such AIF is of the closed-ended type and has securities admitted to trading or the subject of an application for admission to trading on a regulated market established and operating in the Union.
Amendment 1509 #
2009/0064(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
An AIFM may only market shares or units of an AIF domiciled in a third country to professional investors domiciled in a Member State, if the third country has signis included aon agreement with this Member State which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention and ensures an effective exchange of information in tax mattersthe OECD list of jurisdictions which have substantially implemented the internationally agreed tax standard.
Amendment 1514 #
2009/0064(COD)
Proposal for a directive
Article 35a (new)
Article 35a (new)
Article 35a Third-country AIF Member States shall ensure that an authorised AIFM established in the EU may only manage AIF established in a third country that market units or shares to professional investors in that Member State under the conditions of this Directive and according to the procedures laid down in Article 31, provided that appropriate cooperation arrangements are in place between the competent authorities of that Member State and the competent authorities of the third country which ensure an efficient exchange of information.
Amendment 1517 #
2009/0064(COD)
Proposal for a directive
Article 35 a (new)
Article 35 a (new)
Article 35a Conditions for investing in AIF domiciled in third countries Professional investors domiciled in a Member State may invest in an AIF domiciled in a third country. Where such AIF permits redemptions at the option of investors, the AIF must either be managed by an AIFM having its registered office in a Member State and authorized in accordance with Article 4, or the third country where the AIF has its registered office must have signed an information-sharing cooperation agreement in line with relevant international standards.
Amendment 1647 #
2009/0064(COD)
Proposal for a directive – amending act
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
,Insofar as AIFM manage AIF of the closed-ended type or the open-end type with an active lock-up on ... *, which do not make any capital commitments after ...**, they may continue to manage such AIF without authorisation under this Directive until ...***. * OJ please insert date: date of entry into force of this Directive. ** OJ please insert date: four years after the date of entry into force of this Directive. *** OJ please insert date: 20 years after the date of entry into force of this Directive.
Amendment 1649 #
2009/0064(COD)
Proposal for a directive – amending act
Article 51 – paragraph 1 b (new)
Article 51 – paragraph 1 b (new)
Professional investors established in the Union, which have invested, on ...*, in an AIF established in a third country may continue their investment in such AIF as the investment is deemed to have taken place at the initiative of the professional investor. * OJ please insert date of entry into force of this Directive.
Amendment 1 #
2009/0035(COD)
Draft opinion
Paragraph 1
Paragraph 1
The Committee on Economic and Monetary Affairs calls on the Committee on Legal Affairs, as the committee responsible, to propose rejectionapproval of the Commission proposal and to ask for a general revision of the 4th and 7th Company Law Directives in 2010, accompanied by an all-inclusive impact assessment.incorporate the following amendments in its report:
Amendment 16 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1a – paragraph 2 – subparagraph 1
Article 1a – paragraph 2 – subparagraph 1
2. Where on its balance sheet date, a company exceeds the limits of two of the three criteria set out in paragraph 1 in twofive consecutive financial years that company may no longer benefit from the exemption referred to in that paragraph.
Amendment 21 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1a – paragraph 2 – subparagraph 2
Article 1a – paragraph 2 – subparagraph 2
Where on its balance sheet date, a company has ceased to exceed the limits of two of the three criteria set out in paragraph 1, it may benefit from the exemption referred to in that paragraph, provided that it has not exceeded those limits in two consecutivea financial years.
Amendment 36 #
2008/2240(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission, therefore, where every mode of transport is concerned, to provide for the measures and instruments required to make transport greener, taking into account the international conventions in force and the measures already implemented in the various transport sectors; with reference to those proposals, to conduct scientifically sound assessments of the impact of the individual measures and their competition implications in terms of modes; and proceeding from tat basis, to submit a master plan for the greening of transport, together with specific legislative proposals;
Amendment 44 #
2008/2218(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to integrate climate protection and reduce oil dependency while re-convesustainable development for all modes of transport ing the European infrastructure policy, to comply with the EU targets to reduce CO2 emissions and oil consumption by 20% (preferably 30%) by 2020, to integrate the Climate change package, and to apply a Strategic Environmental Assessment (SEA) to the new proposals for future Financial Perspectives and Decisions on TEN-T guidelines;
Amendment 48 #
2008/2218(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. UrgesCalls on the Commission to integrate European environmental legislation into decision-making and planning for TEN-T projects, such as Natura 2000, SEA, EIA, Air Quality, Water Framework, Habitat and Bird Directives as well as the Transport and Environmental Reporting Mechanism (TERM)-reports on indicators for transport and environment by the European Environment Agency, but urges the Commission to reduce unclear or contradictory provisions, which hamper the progress of important infrastructural projects, including those on the TEN-T network;
Amendment 62 #
2008/2218(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and Member States to integrate green corridors, rail freight networks, Trans European Rail Freight Network (TERFN),European Rail Traffic Management System (ERTMS) corridors, maritime "highways", such as short sea shipping, existing inland waterways with ample square capacity, into an intermodal TEN-T concept, based on planned actions in favour of more environmentally friendly, llimited capacity or locks with insufficient capacity, and road infrastructure into an intermodal TEN-T concept, to ensure an optimal use of all modess oil consuming and safer modesf transport;
Amendment 66 #
2008/2218(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that only 1% of the European infrastructure funds is currently used for inland waterways according to the latest research; considers that sufficient European support is needed to develop the inland waterway infrastructure in Europe, in order to use the full potential of the inland waterways as a sustainable and reliable mode of transport;
Amendment 61 #
2008/2217(INI)
Draft report
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to come up with a harmonised approach towards green zones and the development of a single European green zone sticker as soon as possible in order to prevent the development of different approaches per city or Member State with considerable inconvenience for citizens and companies;
Amendment 19 #
2008/2205(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to reviewfor the WTO system to ensure that it takes greater account of the role of SMEs and their interests; points out that the WTO needs the support of SMEs just as SMEs need a clear and functional international normative framework;
Amendment 31 #
2008/2205(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 32 #
2008/2205(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 34 #
2008/2205(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that the TDI system serves to protect the interests of producers and employees against impairments caused by dumping or inadmissible subsidies; Stresses that the current TDI system is not transparent especially with regard to the initiation of investigation procedures and the outcome of these investigations which causes unnecessary uncertainty, especially for SMEs;
Amendment 41 #
2008/2205(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends thatConsiders that the current TDI system in the EU needs to be improved in terms of transparency, accessibility and predictability especially for SMEs, in order to provide a suitable response to unfair behaviour which affects international trade in a globalised world; Calls on the Commission to make the trade defence system more effective, transparent and sensitive to the needs of European industry and, in particular, SMEs; considers it necessary to improve the services offered by the SME desk set up by the Commission a few years ago, which has so far been largely ineffective;
Amendment 61 #
2008/2205(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that opening up markets, especially in emerging countries, to European SMEs means creating new jobs and defending existing jobs, safeguarding know-how and specific features of European industry and giving EU countries a guarantee of solid and lasting economic growth;
Amendment 62 #
2008/2205(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission’s current efforts to provide access for SMEs to third country markets, but considers that further improvements should be made to make this instrument more suited and more easily exploitable by SME; calls on the Commission and the Member States to ensure the successful functioning of EU Market Access Teams in third countries ,especially in the emerging economies;
Amendment 80 #
2008/2205(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that the Commission should refrain fromaim at concluding free-trade agreements or other trade agreements that are not favourable to the European economy as a whole and to SMEs in particular or that do not provide for trade concessions at similar level, except in the cases of developing countries;
Amendment 94 #
2008/2205(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Supports Commission initiatives to establish a clearer and more balanced international reference framework on geographical indications; considers it unacceptable that the geographical designations and indications of many agri-foodstuffs are too often used to the detriment, in particular, of European SMEs; urges the Commission and the Member States to take resolute action vis- à-vis countries which use such non-tariff barriers unduly to protect their own markets;
Amendment 95 #
2008/2205(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 96 #
2008/2205(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges the other WTO members to ensure full access for Community products protected by geographical indications and, where appropriate, to withdraw from the market any national products which use such designations without being entitled to do so or at least to allow full access for Community geographical designations already in use or which have become generic designations;
Amendment 106 #
2008/2205(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission and the Member States to ensure the development of the European SMEs through appropriate political and financial support as regards their modernisation and training for their management and workers; considers it essential that the EU take on full responsibility for upholding this wealth of knowledge, tradition and know-how which SMEs have built up and put to good use;
Amendment 42 #
2008/2204(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the increasing number of incidents of online fraud which affects businesses and consumers; calls on the Commission to investigate the features of this phenomenon and to come up with a strategy to tackle this problem;
Amendment 19 #
2008/2171(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that a major Chinese recovery plan for growth and jobs has been presented to deal with the current economic crisis; emphasises that the support measures have to be temporary, should meet WTO rules and should not distort fair competition;
Amendment 20 #
2008/2171(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages China's Sovereign Wealth Funds and State Owned Enterprises to invest in the EU, creating jobs and growth and contributing to the mutual benefit and balance of investment flows; stresses the importance of a code of conduct ensuring transparency of Sovereign Wealth Funds ' operations; calls on the European Union and China to keep their respective markets equally open to investment and to reduce existing restrictions;
Amendment 21 #
2008/2171(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the fact that since joining the WTO, a growing number of industrial sectors in China have been opened to foreign investors; however, is concerned that at the same time some sectors are restricted or forbidden to foreign investment and discriminatory measures against foreign firms were introduced - especially on cross-border mergers and acquisitions;
Amendment 26 #
2008/2171(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to discuss the draft Chinese Postal Law with the Chinese government while this draft contains provision that would hamper foreign express services; believes that a balanced regulatory framework for postal and express services is required in order to continue China's policy of supporting foreign investment and fair competition in the express delivery sector;
Amendment 33 #
2008/2171(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on China to join the Government Procurement Agreement (GPA) as soon as possiblecommitted in 2001 and to engage constructively in negotiations on opening its public procurement markets and, pending the successful outcome of such negotiations, to apply transparent, predictable and fair procedures when awarding public contracts so that foreign companies can participate on an equal basis; calls on China to provide immediate access to EU companies established and operating in China;
Amendment 40 #
2008/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Expresses its concern that investment in China is still restricted for EU companies, especially in the banking and insurance sector, due to heavy and discriminatory licensing costs and rules requiring joint ventures with Chinese firms; calls on China to address urgently these issues;
Amendment 46 #
2008/2171(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Expresses great concern about the increasing number of utility model and design patents in China that are often copies or minor modifications of existing European technology and do not contribute to real innovation;
Amendment 49 #
2008/2171(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Asks the Commission, as a follow-up to the 2005 Memorandum of Understanding on textiles, to continue to discuss developments in the EU -China textile trade dialogue and in the High Level Economic and Trade Dialogue Mechanism (HLM); underlines that athe end of the quotas and double- monitoring mechanism for Chinese textile imports is preferable to quotas, however thissystem should not lead to an ongoingnew barriers to free trade;
Amendment 62 #
2008/2171(INI)
Motion for a resolution
Paragraph 36 a (new) after subheading)
Paragraph 36 a (new) after subheading)
after subheading (Future Steps) 36a. Deplores China's postponement of the EU-China summit which was to be held on 1 December in Lyon given the current financial and economic crisis and stresses the utmost importance of a constructive dialogue on climate change;
Amendment 67 #
2008/2171(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the establishment of the HLM as a forum for further developing EU-China relations at a strategic level and considers that an important element of this process is that the HLM results in the satisfactory resolution of trade irritants; calls on the Commission to put more ambition in the HLM by appointing one of its Vice -Presidents of the newly established European Commission in 2009 as the coordinating Commissioner, leading the HLM- delegation of the EC;
Amendment 5 #
2008/2153(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Estimates that the recent sudden soar in prices – in addition to speculation and bad crops - can be primarily explained by the growing demand for food by developing countries on world markets and the additional demand triggered by biofuels;
Amendment 24 #
2008/2153(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists that the EU must remain a main food supplier worldwide and guarantee its food security by maintaining the fundamental principlobjectives of the Common Agricultural Policy (CAP): streasonable prices, ensuring availability of supplies, stabilising markets, to ensure a fair standard of living and increased productivity by technological progress and better crops, and flexible buffer stockcreating safety nets to react to crises akin to those being faced today;
Amendment 30 #
2008/2153(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. OpposeConsiders thoseat new measures resulting from the Health Check of the CAP that do not take account of the lessons learnt fromshould contribute to increasing the food security in the current crisis;
Amendment 35 #
2008/2153(INI)
Draft opinion
Paragraph 9a (new)
Paragraph 9a (new)
9a. Calls on the Commission to develop a comprehensive plan to push through Europe's non-trade concerns in world trade talks so as to prevent unfair competition against European producers and to avoid exporting animal welfare and environmental problems to third countries.
Amendment 11 #
2008/2133(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas access to procedures for combating counterfeit goods is complicated, costly and time-consuming, especially for SMEs,
Amendment 14 #
2008/2133(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas initiatives to raise awareness to consumers of the consequences of buying counterfeit goods are an effective tool in combating counterfeit goods,
Amendment 17 #
2008/2133(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the simplified procedure laid down in Article 11 of Council Regulation (EC) No. 1383/2003 of 21 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights1 in member states such as Portugal, Greece, Hungary, the Netherlands and Lithuania which allows for the destruction of large quantities of counterfeit goods in a short period of time and with relative low costs, is very successful,
Amendment 43 #
2008/2133(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the fact that 60 % of the counterfeit goods seized by the customs authorities of the EU are produced in China; asks the Commission, together with the Chinese authorities, to come up with an action plan to fight counterfeiting as soon as possible;
Amendment 73 #
2008/2133(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Asks the Commission to promote the implementation of the simplified procedure laid down in Article 11 of Council Regulation (EC) No. 1383/2003 of 21 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights1 in all Member States;
Amendment 85 #
2008/2133(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to make all efforts to agree minimum sanctions in European judicial law for serious infringements of intellectual property rights;
Amendment 89 #
2008/2133(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Asks the Commission to specifically investigate the health and safety risks related to counterfeiting in order to assess whether further measures are needed;
Amendment 95 #
2008/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that the establishment of a single European authority responsible for coordinating the fight against counterfeiting and piracy cannot be postponed; such an authority should be able to ensure better organisation ofenhanced cooperation among the various players at European level and the createion of synergies with the private sector and the authorities of the Member States responsible for combating counterfeiting; takes the view that this authority needs to be established in order to increase the authoritativeness of the EU position internationally and should raise the effectiveness of its anti-counterfeiting action;
Amendment 99 #
2008/2133(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Asks the Commission to set up or facilitate a helpdesk for SMEs, preferably integrated with other helpdesk facilities, to give technical assistance to SMEs on the procedures for dealing with counterfeit goods;
Amendment 100 #
2008/2133(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Asks the Commission and the Member States to encourage initiatives to raise consumer awareness of the consequences of buying counterfeit goods; stresses the important role the business sector has to play in such initiatives;
Amendment 9 #
2008/2122(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to pay special attention to women in the current financial and economic crisis since they are a vulnerable group and therefore sensitive to loss of employment and income;
Amendment 125 #
2008/2041(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the considerable emissions of particulates and ultrafine particles from mopeds and motor scooters in cities and its health effects on citizens and cyclists; therefore calls on the Commission to come up with a revision of Directive 2002/51/EG and include emission norms for particulates and ultrafine particles.
Amendment 141 #
2008/2041(INI)
Motion for a resolution
Paragraph 5 - Indent 1
Paragraph 5 - Indent 1
- the introduction of green zones and road charginginteroperable road charging; calls on the Commission to come up with a harmonised European environmental zone sticker as soon as possible to prevent the development of different stickers across Europe and limit inconveniences for its citizens,
Amendment 12 #
2008/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the initiative by the Commission to start a European network for maritime surveillance and promote improved cooperation between Member States´ coastguards; calls on the Commission to come up with the results of the feasibility study on a European coastguard, which was due to be published and presented to the European Parliament and the Council by the end of 2006;
Amendment 13 #
2008/2009(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that maritime clusters are particularly well-placed to make a contribution to achieving an integrated maritime policy; calls on the Commission to make a prompt start with the project for a European network of maritime clusters;
Amendment 3 #
2008/2008(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas sustainable and efficient freight transport in Europe plays a vital role in having a successful and competitive economy, in meeting consumer demands and in creating a considerable number of jobs and wealth for European citizens,
Amendment 4 #
2008/2008(INI)
Motion for a resolution
Recital B
Recital B
B. whereas freight transport is expected to grow by some 50% (in tonne-kilometres (tkm)) between 2000 and 2020, in line with forecasts in the White Paper 'European transport policy for 2010: time to decide' (COM(2001)0370), and whereas it has already grown some 30% faster than GDP between 1995 and 2005; whereas, furthermore, growth in freight transport as a whole has mainly been caused by a disproportionatethe result of an increase in road and air transport relative to other modes of transport,
Amendment 13 #
2008/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that Europe's freight transport systems must meet pressing challenges if they are to make a greater contribution to reducing external costs, oil consumption and CO2 emissionsto increase effective integration and sustainability of freight transport in Europe, and therefore welcomes the above-mentioned Commission communications and Council conclusions; encourages the Commission, the Member States and industry to support in future a freight transport policy which is more sustainable for the environment, the climate, the economy, security and social interests, by promoting the use, in an enlarged European Union, of more efficient logistics systems as part of the gradual integration of priority cross- border rail freight corridors, hubs and conventional networksrs and polluter pays principles for all modes of transport;
Amendment 17 #
2008/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Supports the view of the Commission that co-modality and intermodality remain key factors in creating sustainable and efficient freight transport in Europe;
Amendment 21 #
2008/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 35 #
2008/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that timely and precise decisions, stable standards and targeted promotion measures lead to cost savings through mass production (economies of scale); uUrges the Commission and the Member States in this connection to offer stronger - particularly financial - incentives to boost the environmental performance of all modes of transport and to support the besmost efficient combinations of modes of transport with a view to achieving the lowest possible impact on the environment, especially in the 'green' corridors;
Amendment 37 #
2008/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regards it as a priority to improve supervision/checking of logistics for the transport of hazardous and polluting goods, with a view to avoiding danger to human lives and preventing environmental disasterproper implementation and strengthening of existing legislation regarding the transport of hazardous and polluting goods;
Amendment 40 #
2008/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission and Member States to press forward with a selection of pilot freight logistics projects to act as a role modelthe exchange of best practice in sensitive cross-border areas (mountainous areas and conurbations), as well as in cities;
Amendment 41 #
2008/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to concentrate EU co-financing on the efficiency and interoperability of conventional rail infrastructure and intermodal hubs - coastal shipping and inland waterways, railways, roads and air transport - and to allocate at least 40% of each set of EU transport infrastructure appropriations to the railways, as called for in Parliament's resolution of 12 July 2007 on the implementation of the first railway package;
Amendment 47 #
2008/2008(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the utmost importance of interoperable road charging for efficient freight transport in Europe;
Amendment 50 #
2008/2008(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that freight should as far as possible arrive at the port nearest to its destination, thus helping to avoid road transport, and cConsiders better links from maritime and inland ports to their hinterland rail network to be the crucialan important element in transport infrastructure;
Amendment 52 #
2008/2008(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Is convinced of the potential of inland waterways regarding freight transport and urges the Commission to ensure a proper implementation of the NAIADES action programme;
Amendment 53 #
2008/2008(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that investments in hinterland terminals can be put into effect flexibly and rapidly by means of incentives to investment, thereby eliminating bottlenecks in the intermodal chain as a whole;
Amendment 55 #
2008/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. RecCalls thatfor the compliance with, and/or introduction of, stable intermodal standards for the dimensions and weight of vehicles, containers and loading equipment, areto be considered as being of strategic importance with a view to shifting freight transport to rail and sustainable waterways, thereby reducing infrastructure costs;
Amendment 64 #
2008/2008(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to support projects concerning the differential use of high-speed lines e.g. for light freight transports;
Amendment 70 #
2008/2008(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States, the Commission and the industry to regard higher social standards in the freight transport sector as a basis for ensuring a higher level of performance and to guarantee them inter alia by means of checks and supervision in accordance with laws and regulations; considers that providing training and enhancing the attractiveness of jobs in the freight transport market will contribute in the long term to the safety and quality of the EU as a location forStresses that there is a lack of good logistics education delivered by universities and therefore calls on the Member States to give absolute priority to higher education and further education in the logistic and freight transport sector;
Amendment 72 #
2008/2008(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Commission to support projects and research and work towards standard information flows to ensure the integration and interoperability of modes at data level;
Amendment 12 #
2008/2007(INI)
Motion for a resolution
Paragraph 2a (new)
Paragraph 2a (new)
2a. Welcomes the Commission’s focus on soft law measures such as publishing guidelines and removing administrative obstacles, rather than introducing new legislation;
Amendment 18 #
2008/2007(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s intention to publish guidelines on the application of Community environment legislation to port development; urges the Commission to publish these guidelines before the end of 2008;
Amendment 21 #
2008/2007(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes in particular that the Commission is concerned at the imbalance in maritime trade movements in Europe, but also pPoints to the diversity of the ports sector and the increase in small and medium- sized ports in Europe; considers also that the Commission should take account of the major changes expected in international maritime traffic as a result of technological and economic progress, the widening of the Panama Canal and the increase in the size and capacity of vessels, which will undoubtedly have a substantial impact on the sector;
Amendment 27 #
2008/2007(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that maritime and river transport cannot be considered in isolation from land and air transport and that links to a port’s hinterland are of great importance to its commercial success; with this in view, also believes that planning is needed at Community level to ensure better exploitation of transport capacities Community planning regarding flows and hinterland connections from ports is undesirable considering the area of cabotage and river transport, and also as regards connections with land and air transportproper functioning of market mechanisms and the competitive environment in which most ports operate today;
Amendment 44 #
2008/2007(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to consider introducing incentivessector to encourage shipping companies to reduce the number of empty containers transported and to make full use of this capacity;
Amendment 53 #
2008/2007(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomUrges the early publication ofCommission to publish guidelines for state aid to ports in 2008;
Amendment 56 #
2008/2007(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Approves the extension of the transparency requirements laid down by the Commission Directive 2006/111 of 16 November 2006 on the transparency of the financial relations between the Member States and public undertakings as well as on financial transparency within certain undertakings1, but calls on the Commission to consider a reduced minimum threshold for annual revenue rather than an absolute obligation;
Amendment 62 #
2008/2007(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to undertake a study of the funds provided by public authorities to European commercial ports so as to identify possible distortions of competition, but considers th and to clarify in the state aid given to port authorities to develop their port infrastructures, curb congestion and reduce road freightuidelines which types of aid given to port authorities should not be seen as state aid;.
Amendment 79 #
2008/2007(INI)
Motion for a resolution
Paragraph 29a (new)
Paragraph 29a (new)
29a. Urges the Commission, in line with the Parliament resolution of 8 May 2008 on the Transatlantic Economic Council to continue its efforts to ensure that the US regulation to scan 100% of US-bound cargo is changed to ensure cooperation based on the mutual recognition of ‘authorised economic operators’ and of security standards agreed by the World Customs Organisation (C-TPAT, SAFE) framework; calls on the Commission to evaluate the potential costs of the measure regarding the 100% scanning of US- bound maritime cargo containers to business and to the EU economy, as well as its potential impact on customs operations;
Amendment 114 #
2008/0247(COD)
Council position
Article 3 - paragraph 2 a (new)
Article 3 - paragraph 2 a (new)
2a. Defining the actual routing within the rail freight corridors shall be the responsibility of the infrastructure managers involved in the corridor in their respective area of competence.
Amendment 124 #
2008/0247(COD)
Council position
Article 7 - paragraph 6
Article 7 - paragraph 6
6. The management board shall set up an advisory group made up of managers and owners of the terminals of the freight corridor, including sea and inland waterway ports, as well as railway undertakings, including rail freight and passenger operators, shippers, forwarders and/ or their representative bodies. The management board and advisory group shall be separate bodies. The advisory group shall be informed regularly and in due time about all matters which affect them, the development of these matters and the timeframe for dealing with them in the management board and the executive board. This advisory group may issue an opinion on any proposal by the management board which has direct consequences for investment and the management of terminalts members. The advisory group may also issue own-initiative opinions. The management board shall take any of these opinions into account.
Amendment 127 #
2008/0247(COD)
Council position
Article 7 - paragraph 6 a (new)
Article 7 - paragraph 6 a (new)
6a. The management board shall commit the infrastructure managers involved in the freight corridor to using IT applications or alternative solutions available in the future to handle requests for international train paths and the operation of international traffic on the corridor.
Amendment 46 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States may exempt passenger inland waterway services if these services offer a sufficient level of passenger rights in accordance with these services' specific characteristics and capacity.
Amendment 64 #
2008/0246(COD)
Council position – amending act
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) on sea or inland waterway ships certified to carry up to 36 passengers;
Amendment 65 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) where the structure of the passenger ship makes theembarkation or carriage physically impossible or if embarkation or carriage of themeans that a disabled person or person with reduced mobility physically impossible.cannot be afforded an acceptable level of service in a safe and feasible manner;
Amendment 70 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
In the event of refusal to accept a reservation on the grounds referred to under points (a) or (b) of the first subparagraph, carriers, ticket vendors or tour operators shall make reasonable efforts to propose an acceptable alternative to the person in question, if feasible and available.
Amendment 71 #
2008/0246(COD)
Council position – amending act
Article 3 – point d
Article 3 – point d
(d) "carrier" means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering transport by passenger services or cruises to the general public;
Amendment 78 #
2008/0246(COD)
Council position – amending act
Article 3 – point q
Article 3 – point q
(q) "tour operator" means an organiser, other than a carrier, within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;
Amendment 106 #
2008/0246(COD)
Council position – amending act
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
(ba) In relation to cruise ships, disabled persons or persons with reduced mobility shall notify the carrier of their specific needs at the time of reservation or advance purchase.
Amendment 117 #
2008/0246(COD)
Council position – amending act
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Article 17(2) shall not apply where the cancellation or delay is caused by weather conditions endangering the safe operation of the ship or by extraordinary circumstances.
Amendment 143 #
2008/0246(COD)
Proposal for a regulation – amending act
Annex II – paragraph 1 – indent 5
Annex II – paragraph 1 – indent 5
– board the ship, with the provision of lifts, wheelchairs, if feasible, or other assistance needed, as appropriate,
Amendment 144 #
2008/0246(COD)
Proposal for a regulation – amending act
Annex II – paragraph 1 – indent 9
Annex II – paragraph 1 – indent 9
– disembark from the ship, with the provision of lifts, wheelchairs, if feasible, or other assistance needed, as appropriate,
Amendment 145 #
2008/0246(COD)
Proposal for a regulation – amending act
Annex II – paragraph 1 – indent 12
Annex II – paragraph 1 – indent 12
– make their way to the toilet facilities, if required, and if they are available.
Amendment 148 #
2008/0246(COD)
Proposal for a regulation – amending act
Annex III – paragraph 5
Annex III – paragraph 5
Assistance in moving to toilet facilities, if required., and if they are available
Amendment 16 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EC) No 1692/2006
Article 8
Article 8
5a. Article 8 is replaced by the following: Actions shall be submitted to the Commission in accordance with the detailed rules issued under Article 6. Submissions shall contain all the information necessary to enable the Commission to make its selection in accordance with Article 9. If required, the Commission shall provide technical assistance to applicants to facilitate their application process, for instance by way of an online helpdesk.
Amendment 18 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Regulation (EC) No 1692/2006
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
7a. In article 14, paragraph 2a is added: 2a. By 30 June 2010 the Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report assessing the need for a dedicated programme for the inland waterway sector, taking into account the specific characteristics of this sector and its small- and medium sized enterprises.
Amendment 34 #
2008/0239(COD)
Proposal for a regulation – amending act
Annex I − Funding conditions and requirements according to Article 5(2)
Annex I − Funding conditions and requirements according to Article 5(2)
Regulation (EC) No 1692/2006
Point 4: Contract value threshold – Type of action: C. Modal Shift – Article 5(1)(c)
Point 4: Contract value threshold – Type of action: C. Modal Shift – Article 5(1)(c)
The minimum indicative subsidy threshold per modal shift action shall be 80 million tonne-kilometres or its volumetric equivalent of modal shift per year, to be implemented over the entire life of the subsidy agreement. Modal shift actions aiming at implementing a shift to inland waterways will be subject to a special threshold of 1725 million tonne- kilometres or its volumetric equivalent of modal shift per year, to be implemented over the entire life of the subsidy agreementover the entire three-year period
Amendment 61 #
2008/0237(COD)
Council position – amending act
Article 2 - paragraph 4
Article 2 - paragraph 4
(4). With the exception of Articles 4(2), 9 and 10(1), Member States may exempt urban, suburban and regionlocal rural regular services, including cross-border services of that type, from the application of this Regulation. Or. en Justification
Amendment 63 #
2008/0237(COD)
Council position – amending act
Article 2 - paragraph 6
Article 2 - paragraph 6
(6). For a maximum period of five years after the expiry of their authorisation, Member sStates may, on a transparent and non-discriminatory basis, exempt from the application of this Regulation particular regular services because a significant part of the regular service, including at least one scheduled stop, is operated outside the Union. Such exemptions may be renewed.
Amendment 70 #
2008/0237(COD)
Council position – amending act
Article 3 - point g
Article 3 - point g
(g) "carrier" means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering transport by regular or occasional services to the general public;.
Amendment 74 #
2008/0237(COD)
Council position – amending act
Article 3 - point k
Article 3 - point k
(k) "tour operator" means an organiser or retailer, other than thea carrier, within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;
Amendment 20 #
2008/0195(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Calls on the Commission and the Member States to consider the possibility of exchanging and scrutinising the best practices of Member States on how to identify and eliminate false self- employment.
Amendment 25 #
2008/0195(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) All drivers, mobile workers and self- employed drivers are covered by Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport. It is in the general interest that those rules on driving times and rest periods for all drivers be properly applied and their application efficiently monitored.
Amendment 39 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 6 - point 1
Article 1 – point 6 - point 1
Directive 2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
(1) Member States shall organise a system of appropriate, non-discriminatory and regular monitoring and controls in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.
Amendment 59 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In order to move towards a sustainable transport policy, transport prices should better reflect the costs related to traffic- based air pollution, traffic-based noise pollution, climate change and congestion caused by the actual use of vehicles, trains, planes or ships as a means of optimising the use of infrastructure, reducing local pollution, managing congestion and fighting against climate change at least cost for the economy. This calls for a stepwiseimultaneous approach in all transport modes, taking into account their particular characteristics and guaranteeing a level playing field.
Amendment 60 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) In the road transport sector, several taxes and charges already apply, including some taxes and charges to partially compensate external costs such as CO2, as is for example the case with excise taxes on fuel.
Amendment 63 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 6
Recital 6
(6) In the road transport sector, tolls as distance based charges for the use of infrastructure constitute a fair and efficient economic instrument to achieve this objective since they have a direct relation with the use of infrastructure and can vary according to the distance travelled, the environmental performance of vehicles and the place and time of use of vehicles and therefore can be set at a level which reflects the cost of pollution and congestion caused by the actual use of vehicles. Moreover, tolls do not create any distortion of competition within the internal market since they are payable by all operators irrespective of their Member State of origin or establishment and in proportion to the intensity of use of the road network.
Amendment 67 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The impact analysis shows that applying tolls calculated on the basis of the cost of pollution, and, on congested roads, on the basis of the cost of congestion, would have a positive effect on the transport system and contribute to the Community strategy to fight climate change. It would reduce congestion and local pollution by encouraging the use of cleaner vehicle technologies, optimising logistic behaviour and reducing empty returns. It would indirectly play an important role in reducing fuel consumption and contributing to the fight against climate change. Tolls which integrate a cost element related to congestion for using congested roads into their calculation will be morcan only be effective in reducing congestion if Member States include other road users outside the scope of this Directive in a scheme of a similar nature.
Amendment 77 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
(9) The model devised by the Commission for calculating the costs of traffic-based air and noise pollution and congestion external costs provides reliable methods and a range of unit values which can already serve as a basis for the calculation of road user charges.
Amendment 80 #
2008/0147(COD)
Council position – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall determine the use of revenues generated by this Directive. To enable the transport network to be developed as a whole, revenue from infrastructure charges or the equivalent in financial value of these revenues shall be used to benefit the transport sector and optimise the entire transport system. The revenues generated from external- cost charges, or the equivalent in financial value of these revenues, should be used to benefit the transport sector, to make transport more sustainable and optimise the entire transport system, including the following: (a) facilitating efficient pricing; (b) reducing road transport pollution at source; (c) mitigating the effects of road transport pollution at source; (d) improving the CO2 and energy performance of vehicles; (e) developing alternative infrastructure for transport users and/or expanding current capacity on the trans-European transport network; (f) optimising logistics; or (g) improving road safety. and security. As from the date of transposition of this Directive, Member states shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal and financial support policies which leverage financial support established for the purposes set out in the second subparagraph and which have an equivalent value of the revenues generated from external cost charges. At least 15 % of the revenues generated by the external cost charge and the infrastructure charge in each Member State or the equivalent in financial value of these revenues shall be used to financially support projects of common interest on the trans-European transport network. This percentage shall gradually increase over time.
Amendment 89 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) Tolls based on distance travelled should be allowed to include an external cost element based on the cost of traffic- based air and noise pollution. Furthermore, on roads that are usually congested and during peak periods congestion costs which are mostly borne at local level should also be allowed to be recovered through the external cost charge. The external cost element included in tolls should be allowed to be added to the cost of infrastructure, provided that certain conditions are respected in the calculation of costs so as to avoid undue charging.
Amendment 96 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) To better reflect the cost of traffic- based air and noise pollution, and congestion, the external cost charge should vary according to the type of roads, type of vehicles and time periods such as daily, weekly or seasonal peak and off peak periods andy or night period.
Amendment 103 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) The smooth functioning of the internal market requires a Community framework in order to ensure that road charges set on the basis of the local cost of traffic-based air and noise pollution and congestion are transparent, proportionate and non-discriminatory. This requires common charging principles, calculation methods and unit values as the maximum amount of external costs to be charged based on acknowledged scientific methods together withand mechanisms for notifying and reporting tolling schemes to the Commission.
Amendment 109 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) Considering the existing uncertainties regarding the effects of the internalisation of external costs and to prevent adverse effects on the functioning of the internal market, the amounts to be charged for external costs should be maximised.
Amendment 127 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should take all necessary measures to ensure the rapid introduction of a truly interoperable system, according to Directive 2004/52/EC, by the end of 2010.
Amendment 140 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 24
Recital 24
(24) In accordance with the transport policy objectives of this Directive, the additional revenue generated from an external cost charge should be used for projects with a broad Community interest and designed to promote sustainable mobility at largeto reduce the external costs of the road transport system and to promote sustainable mobility, specifically in the road transport sector. Such projects should therefore relate to facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of vehicles, and improving existing road infrastructure or developing alternative infrastructure for transport users. It includes, for example, research and development on cleaner vehicles and the implementation of the transport part of the action plans under Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise, which may comprise measures to mitigate traffic-based noise and air pollution around large infrastructure and in agglomerations. Earmarking this revenue does not release Member States from the obligation laid down in Article 88(3) of the Treaty to notify the Commission of certain national measures, nor does it prejudge the outcome of any procedures initiated under Articles 87 and 88 of the Treaty.
Amendment 151 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 27
Recital 27
(27) Article 55(2) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 provides that the revenue generated by charges borne directly by users must be considered in the determination of the funding-gap in the case of a revenue- generating project. However, since the revenue generated by an external cost charge is earmarked for projects aimed at reducing road transport pollution at the source, mitigating its effects, improving CO2 and energy performance of vehicles, and improving existing road infrastructure or developing alternative infrastructure for transport users, it should not be considered in the calculation of the funding-gap.
Amendment 172 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b b
Article 2 – point b b
(bb) ‘external cost charge’ means a charge levied through a toll for the purpose of recovering the costs incurred by a Member State related to traffic-based air pollution, and traffic-based noise pollution and congestion;
Amendment 186 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e
Article 2 – point b e
Amendment 220 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 5 - introductory part
Article 7 – paragraph 5 - introductory part
5. Until 31 December 20114, a Member State may choose to apply tolls and/or user charges only to vehicles having a maximum permissible laden weight of not less than 12 tonnes. From 1 January 20125, tolls and/or user charges shall be applied to all vehicles within the meaning of Article 2(d) unless a Member State considers that an extension to vehicles of less than 12 tonnes would:
Amendment 246 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.
Amendment 252 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2 a (new)
Article 7 b – paragraph 2 a (new)
2a. When the charges for the external costs are set, Member States shall consider the contribution that already has been achieved in the internalization of costs through existing taxes and duties, and adapt if necessary.
Amendment 261 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 1
Article 7c – paragraph 1
1. The external cost charge shall vary according to the type of road and EURO emission class, and also according to the time period in cases where the charge includes the cost of congestion or traffic- based noise pollution.
Amendment 340 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7i – paragraph 5
Article 7i – paragraph 5
Amendment 345 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7j
Article 7j
This Directive does not affect the freedom of Member States which introduce a system of tolls and/or user charges for infrastructure to provide, without prejudice to Articles 87 and 88 of the Treaty, appropriate compensation for these charges, also if this would fall below the minimum rates of Annex I.
Amendment 353 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
1a. This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any urban road located in a built uproad, notably in urban areas.
Amendment 370 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. A Member State in which an external cost charge is levied shall ensure that the revenue generated by the charge is earmarked for measures especially in the road transport sector, aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of vehicles, and improving existing road infrastructure or developing alternative infrastructure for transport users.
Amendment 377 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a whole, revenue from charges shouldall be used to benefit the road transport sector and optimise the entireroad transport system.
Amendment 391 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the weighted average external cost charge and the specific amounts levied for each combination of class of vehicle, and type of road and period of time;
Amendment 403 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. No later than 31 December 2013, the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the costs related to congestion and traffic- based pollution and on the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess:
Amendment 408 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 421 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 429 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 1 – subparagraph 2 – bullet point 1
Annex IIIa – point 1 – subparagraph 2 – bullet point 1
vehicles’ use of the roads where the external cost charge is applied generates environmental damage and congestion higher than that generated on average on other parts of the road infrastructure network that are not subject to an external cost charge, or
Amendment 437 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 2
Annex IIIa – point 2 – subparagraph 2
Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period and to the various daily, weekly or seasonal peak periods during which a higher external cost charge may be imposed to reflect greater congestion or greater noise annoyance.
Amendment 442 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 3
Annex IIIa – point 2 – subparagraph 3
The classification of roads and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to congestion and pollution such as population density, and the yearly number of pollution peaks measured in accordance with Directive 96/62/EC, the average daily and hourly traffic and the level of service (percentage of the day or the year when road usage is close to or above capacity, average delays and/or queues lengths). .The criteria used shall be included in the notification.
Amendment 449 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 1
Annex IIIa – point 3 – subparagraph 1
For each vehicle class, and type of road and time period, the independent authority shall determine a single specific amount. The resulting charging structure shall be transparent, openly published and available to all users on equal terms.
Amendment 453 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 4
Annex IIIa – point 3 – subparagraph 4
The independent authority shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport and in relieving congestion where it is applied. It shall regularly adjust the charging structure and the specific amount of the charge set for a given class of vehicle, and type of road and period of time to the changes in transport demand.
Amendment 472 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO VI and less polluting (new)
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO VI and less polluting (new)
2
Amendment 487 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO VI and less polluting (new)
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO VI and less polluting (new)
1
Amendment 488 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – directly after table 1 (new)
Annex IIIa – point 4 – point 4.1 – directly after table 1 (new)
These values serve as the maximum amounts to be charged.
Amendment 502 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – directly after table 2 (new)
Annex IIIa – point 4 – point 4.2 – directly after table 2 (new)
These values serve as the maximum amounts to be charged.
Amendment 506 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3
Annex IIIa – point 4 – point 4.3
Point 4.3 is deleted
Amendment 5 #
2007/2265(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the ASEAN countries have different economic profiles and those disparities will play an important role in finalising the EU-ASEAN Free Trade Agreement (FTA),
Amendment 10 #
2007/2265(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Believes that an ambitious EU-ASEAN agreement will greatly benefit both sides and even though a high quality agreement is more important than a rapid timetable is nonetheless concerned about the slow pace of negotiations; emphasises the importance of achieving concrete results for EU businesses by improving market access;
Amendment 11 #
2007/2265(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that a successful DDA remains the EU's trade priority and would be concerned if negotiations with ASEAN distracted from thisthe Free Trade Agreement (FTA) has to fully respect WTO rules and the results of the Doha Development Round;
Amendment 14 #
2007/2265(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that inter-regional agreements can usefully supplement the multilateral system, provided they are wide-ranging and ambitious, going well beyond tariff reductions in order to implementopen markets, together with the implementation of technical, social and environmental standards;
Amendment 15 #
2007/2265(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of strengthening regional economic integration between the ASEAN countries, calls on the Commission to provide technical assistance and further possible support to facilitate such a reinforcement;
Amendment 20 #
2007/2265(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Urges the Commission, in the EU- ASEAN framework agreement, to ensure transparency and effective rules for public procurement, competition and investment, intellectual property rights (IPRs), state aid and other subsidies; stresses the importance of services in EU-ASEAN trade relations;
Amendment 21 #
2007/2265(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers an ambitious sustainable development chapter to be an essential part of any agreement but recalls that the ultimate objective is the enforcement of agreed standards; takes the view that this requires the chapter to be subject to the standard dispute settlement mechanismand emphasises that the enforcement of those agreed standards is essential;
Amendment 27 #
2007/2265(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Invites the Commission to consider ways of providing incentives to countries thato improve labour standards, so as to ensure that the spread of FTAs does not underminelement international conventions relating to core political, human and labour rights, and to ensure that FTAs will add to the attractiveness of qualifying for GSP+ status;
Amendment 30 #
2007/2265(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 33 #
2007/2265(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regards measures to combat deforestation and to protect and enhance tropical forests to be of great importance in the fight against climate change as well as contributing to the preservation of biological diversity; considers therefore that thea Partnership and Cooperation agreement should only encourage trade in environmentally sustainable biofuels and that ASEAN countries should be assisted in their efforts to tackle illegal logging;
Amendment 37 #
2007/2265(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Gives priority to the effective enforcement of Intellectual Property Rights (IPR) particularly for design, sound recordings and other cultural goods; emphasises nevertheless that nothing in the agreement should limit the right of countries to regulate sectors - such as audiovisual - that play a key role in preserving cultural diversityStresses the importance of Intellectual Property Rights (IPR) and calls for their effective enforcement to be given priority, particularly for design, sound recordings and other cultural goods as well as geographical indications and appellations of origin;
Amendment 46 #
2007/2265(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Expects the Lisbon Treaty to enter into force before the conclusion of the negotiations, which will remove any doubt about the need for Parliamentary assent for this type of agreement; calls on the Commission to put the negotiation mandate at the disposal of Parliament and to consult Parliament regularly during the course of the negotiations to ensure that the outcome commands broad support;
Amendment 13 #
2007/2198(INI)
Motion for a resolution
Recital C
Recital C
Amendment 16 #
2007/2198(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas internationally agreed upon competition rules are not sufficient to counteract all unfair trade practices; whereas TDIs serve as an instrument to counteract unfair trade practices,
Amendment 22 #
2007/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
Amendment 25 #
2007/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, anti-dumping is a very specific and narrowly focused instrument tackling European competitiveness is affected by unfair and anticompetitive trade practices:; whereas antidumping is not designed to tackle labour and environmental standards and to apEuropean production and manufacturing play such standards that would hardly be in line wian important role in the current WTO regulationreation of economic growth and jobs in Europe,
Amendment 43 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Emphasises that the TDI system serves to protect the interests of European producers and employees against impairment caused by dumping or illegal subsidies; Stresses that the current TDI system is not transparent and predictable with regard to the initiation, course and outcome of these investigations;
Amendment 48 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the functioning of the current TDI system in the EU needs to be updatedimproved in terms of transparency, predictability and accessibility especially for SMEs in order to provide a suitable answer to unfair behaviour which affects international trade in a globalised world;
Amendment 62 #
2007/2198(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 72 #
2007/2198(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that the TDI system has toshould take into account the legitimate interest of European economic operators who need to take advantage of global supply chains to have access to raw- materials and tie-in products to stay competitive as provided by Article 21 of Council Regulation (EC) No. 384/96 of 22 December 1995 on protection against dumped imports from countries not member of the European Community1;
Amendment 96 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to revisguarantee its standards of initiation for new TDI investigations and ensure that the complaining industry provides prima facie evidence that all the AD basic requirements (dumping, injury, causal link) have been met and that measures are not overly and clearly against community interest;
Amendment 111 #
2007/2198(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to come up with an impact assessment, covering the impact on EU companies, employment and consumers, on the possible application of a modernised definition of "Community industry" which takes into account the changing patterns of the world economy;
Amendment 118 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to take into account the impact of TDI measures on consumers, by assessing their consequences in terms of price level, quality, availability and choice as well as sustainable competition in the markets;
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 171 #
2007/2198(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Urges the Commission and the Council to guarantee the objective and neutral application of TDI rules. Lessons should be learned from European competition policy;
Amendment 176 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that the credibility and effectiveness of the trade defence policy as an instrument of EU competitiveness needs to be improved and its legitimacy should be increased by more involvement of the European Parliament in evaluating and, if appropriate, adapting the system;
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 30 #
2007/0297(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes CO2 emission performance requirements for new passenger cars in order to ensure proper functioning of the internal market and achieve the EU’s overall objective that the average new car fleet should achieve CO2 emissions of 120 g CO2/km in 2012 and 95 g CO2/km in 2020. The Regulation sets the average CO2 emissions for new passenger cars at 130 g CO2/km in 2012 and 95 g CO2/km in 2020 by means of improvement in vehicle motor technology as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures. This Regulation will be complemented by additional measures corresponding to 10 g/km as part of the Community’s integrated approach. The 2020 objective only applies if the Commission presents an impact assessment by 2012 which shows that this objective is realistic and attainable.
Amendment 44 #
2007/0295(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
2. With effect from 1 October 20142, national authorities shall, in the case of new vehicles which do not comply with this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/467/EC and shall, on grounds relating to emissions, prohibit the registration, the sale and entry into service of such vehicles. Within this timeframe, the Commission should ensure that the industry is allowed a 36-month period of lead time to adapt its production processes.
Amendment 42 #
2007/0243(COD)
Proposal for a regulation
Article 2 - point (g)
Article 2 - point (g)
(g) 'parent carrier' means any air carrier or rail-transport operator which directly or indirectly, alone or jointly with others, ownsholds an investment stake in, or effectively controls a system vendor, as well as any air carrier or rail- transport operator which it owns or effectively controls;
Amendment 118 #
2007/0243(COD)
Proposal for a regulation
Article 11 - paragraph 1
Article 11 - paragraph 1
1. Personal data shall be processcollected in the course of the activities of a CRS exclusively for the purpose of making reservations or issuing tickets for transport products shall only be processed in a way compatible with Directive 95/46/EC. With regard to the processing of such data, a CRS shall be considered as a data controller in accordance with Article 2(d) of Directive 95/46/EC.
Amendment 23 #
2007/0099(COD)
Article 8 – paragraph 2 a (new)
2a. Two years after this Regulation enters into force, the number of cabotage operations mentioned in paragraph 2 shall be expanded to seven.
Amendment 26 #
2007/0099(COD)
Article 8 – paragraph 2 b (new)
2b. On 1 January 2014 the restrictions on the number and duration of cabotage operations shall be lifted.
Amendment 27 #
2007/0099(COD)
Article 8 – paragraph 2 c (new)
2c. Cabotage may also be performed in a Member State through which the vehicle has to pass after unloading goods, completely or partially, which it has delivered internationally, on condition that these journeys take place within 7 days.
Amendment 38 #
2007/0098(COD)
Article 6 – paragraph 1 – point b – introductory part
(b) that the transport manager orf the transport undertaking has not in one or more Member States been convicted of a serious criminal offence or incurred a penalty for athe most serious infringements of Community rules relating in particular to:
Amendment 124 #
2007/0098(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings carried out with a maximum total fleet of twelve vehicles;
Amendment 127 #
2007/0098(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 129 #
2007/0098(COD)
Proposal for a regulation
Article 5 – point b
Article 5 – point b
b) have at its disposal vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract, which are registered in and which it uses in that Member State;
Amendment 141 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – introductory part
Article 6 – paragraph 1 – point b – introductory part
b) the natural person(s) whom it has designated as transport manager pursuant to Article 4 has not (have not) incurred convictions or sanctions in one of the Member States for serious infringements or repeated minor infringements of Community rules concerning in particular:
Amendment 144 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of infringements and the frequency of occurrence beyond which repeated minorserious infringements which shall lead to the loss of the requisite good repute. Since these measures are designed to amend non- essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3).
Amendment 146 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 156 #
2007/0098(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b
Article 7 – paragraph 2 – subparagraph 1 – point b
Amendment 160 #
2007/0098(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. By way of derogation from paragraph 2, the competent authority mayshould agree that an undertaking may give proof of its financial standing by means of a certificate from one or more banks or other financial institutions providing a joint and several guarantee for the undertaking in the form of a bank suretyguarantee, or any other similar means, in respect of the amounts specified in point (a) of paragraph 2. The bank suretyguarantee may be called in by the competent authority which authorises the pursuit of the occupation and cannot be released without the agreement of the latter.
Amendment 163 #
2007/0098(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of Article 3(d), the requirement as to professional competence shall be satisfied if the person(s) who is (are) deemed to satisfy it pursuant to Article 4 possesses (possess) knowledge corresponding to the level of training provided for in Section 1 of Annex I in the subjects listed therein. It shall be established, following training involving compulsory attendance at courses of a total duration of at least 140 hours, by means of a compulsory written examination which may be supplemented by an oral examination These examinations shall be organised in accordance with Section 2 of Annex I.
Amendment 181 #
2007/0098(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point e
Article 15 – paragraph 1 – point e
(e) the number, the category and the type of serious infringements and repeated minor infringements, as referred to in Article 6(1)(b), which have resulted in a sanction in the last two years;
Amendment 12 #
2007/0097(COD)
Article 12 – paragraph 4
4. The books of journey forms shall be supplied in an efficient and user-friendly manner by the competent authorities of the Member State where the carrier is established or by bodies appointed by those authorities.