7 Amendments of Jean-Paul GAUZÈS related to 2009/0144(COD)
Amendment 308 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States may maintain differences in the national transposition of Union law only if they respond to specific risks. Member States shall ensure that those differences are justified and shall communicate their specific national requirements, as well as the grounds for maintaining them, to the Commission.
Amendment 309 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Financial market participants may communicate to the Commission differences in the national transposition or alleged incorrect application of Union law.
Amendment 370 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The system of colleges of supervisors may apply to key financial market participants, in the conditions defined by Union law. Where applicable, the Authority shall contribute to promote the efficient and consistent functioning of colleges of supervisors and fostercontrol the coherence of the application of CommunityUnion legislation across colleges.
Amendment 374 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Authority shall participate as an observer in colleges of supervisors as it deems appropriate. For the purpose of that participation, it shall be considered a 'competent authority' within the meaning of the relevant legislation and, at its request, shall receive all relevant information shared with any member of the college.
Amendment 603 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Any natural or legal person, including competent authorities, may appeal against a decision of the Authority referred to in Articles 9, 10 and 11 and any other decision taken by the Authority according to legislation as referred to in Article 1(2) which is addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to that person. They may also appeal against an alleged incorrect application of Union law.
Amendment 605 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. An action may be brought before the specific panel attached to the Court of First Instance or the Court of Justice, in accordance with Articles 257 and 2630 of the Treaty, contesting a decision taken by the Board of Appeal or, in cases where there is no right of appeal before the Board of Appeal, by the Authority.
Amendment 606 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. The specific panel which is an integral part of the Court of Justice institution shall exercise jurisdiction at first instance in disputes between European Supervisory Authorities and financial market participants. That panel will examine the possibilities for amical settlement of disputes at all stages of the procedure.