7 Amendments of Jean-Paul GAUZÈS related to 2010/2239(INI)
Amendment 122 #
Draft opinion
Paragraph 13
Paragraph 13
13. Calls on the Commission to clarify when a cross-border activity is triggered, also taking into account the provisions of the Posted workers Directive and the position of expatriates in general, and that national social and labour laws, including compulsory membership, applies only to pension schemes; in addition calls on the Commission to further harmonise rules concerningthe calculation of technical provisions, in particular the technical rate of interest, in order to prevent supervisory arbitrage; suggests that Member States should allow ring fencing;
Amendment 126 #
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that Article 15.6 of the IORP Directive states concerning the calculation of technical provisions that “the Commission shall propose any necessary measures to prevent possible distortions caused by different levels of interest rates and to protect the interest of beneficiaries and members of any scheme”;
Amendment 148 #
Draft opinion
Paragraph 14
Paragraph 14
14. Considers that Solvency II is a valuable starting point for developing a solvency regime for IORPs; underlines that such a regime needs to be adapted to the specificities of pensions, in particular as regards the conditionality of pension rights, the duration of pension portfolios and the dedicated purpose vehicle operating a homogenous product portfolio; that any such solvency regime for IORPs dealing with all occupational pensions possible features should apply to all financial institutions providing pensions independently of their legal form in order to ensure a level playing field;
Amendment 151 #
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses, in line with the Commission's statement in the Green Paper, that the IORP Directive is based on a solvency I minimum harmonisation approach whilst in the near future insurance undertakings will apply the risk-based solvency II regime even for their occupational pension activity;
Amendment 163 #
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to develop the elements of decision making concerning the IORPs solvency regime and notably, as it announced in the Green paper, to launch as soon as possible an impact study concerning the application of a Solvency II like solvency regime;
Amendment 164 #
Draft opinion
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Notes that there is an even greater need for an immediate review of the IORP Directive to protect employees and pensioners against the failure of IORPs as there is no European risk-based solvency regime yet in this sector;
Amendment 173 #
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Is of the opinion that, just as solvency II allows companies in all insurance branches to comply with 27 Member States' national legislation in the fields of civil law, tax law or contract law, the design of a solvency regime applicable to IORPs is a clear European Union competence while dealing with all occupational pensions social and labour laws established by Member States on the basis of the subsidiarity principle;