BETA

14 Amendments of Antolín SÁNCHEZ PRESEDO related to 2011/0296(COD)

Amendment 166 #
Proposal for a regulation
Recital 31
(31) Regulation [EMIR] sets out the criteria according to which classes of OTC derivatives should be subject to the clearing obligation. It also prevents competitive distortions by requiring non- discriminatory access to central counterparties (CCPs) offering clearing of OTC derivatives to trading venues and non-discriminatory access to the trade feeds of trading venues to CCPs offering clearing of OTC derivatives. As OTC derivatives are defined as derivatives contracts whose execution does not take place on a regulated market, there is a need to introduce similar requirements for regulated markets under this Regulation. Provided that ESMA has declared them subject to it, derivatives traded on regulated markets should also be subject to a clearing obligation.deleted
2012/05/14
Committee: ECON
Amendment 168 #
Proposal for a regulation
Recital 32
(32) In addition to requirements in Directive 2004/39/EC that prevent Member States from unduly restricting access to post-trade infrastructure such as CCP and settlement arrangements, it is necessary that this Regulation removes various other commercial barriers that can be used to prevent competition in the clearing of financial instruments. To avoid any discriminatory practices, CCPs should accept to clear transactions executed in different trading venues, to the extent that those venues comply with the operational and technical requirements established by the CCP. Access should only be denied if certain access criteria specified in delegated acts are not met.deleted
2012/05/14
Committee: ECON
Amendment 172 #
Proposal for a regulation
Recital 33
(33) Trading venues should also be required to provide access including data feeds on a transparent and non- discriminatory basis to CCPs that wish to clear transactions executed on the trading venue. Licensing and access to information about indices and other benchmarks that are used to determine the value of financial instruments should also be provided to CCPs and other trading venues on a non-discriminatory basis. The removal of barriers and discriminatory practices is intended to increase competition for clearing and trading of financial instruments in order to lower investment and borrowing costs, eliminate inefficiencies and foster innovation in Union markets. The Commission should continue to closely monitor the evolution of post-trade infrastructure and should, where necessary, intervene in order to prevent competitive distortions from occurring in the internal market.deleted
2012/05/14
Committee: ECON
Amendment 178 #
Proposal for a regulation
Recital 34
(34) The provision of services by third country firmsinvestment firms and market operators* in the Union is subject to national regimes and requirements. These regimes are highly differentiated and the firms authorised in accordance with them do not enjoy the freedom to provide services and the right of establishment in Member States other than the one where they are established. It is appropriate to introduce a common regulatory framework at Union level. The regime should harmonize the existing fragmented framework, ensure certainty and uniform treatment of third country firminvestment firms and market operators accessing the Union, ensure that and equivalence and reciprocity assessment has been carried out by the Commission in relation to the regulatory and supervisory framework of third countries and should provide for a comparable level of protections to investors in the EU receiving services by third country firms.investment firms and market operators. * (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2012/05/14
Committee: ECON
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. Title VII of this Regulation also applies to all financial counterparties as defined in Article 2 of Directive [new MiFID].
2012/05/14
Committee: ECON
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
(3) ‘systematic internaliser’ means an investment firm which, on an organised, frequent and systematic basis, deals on own account by executing client orders outside a regulated market or an MTF or an OTFcarries out bilateral trading;
2012/05/14
Committee: ECON
Amendment 504 #
Proposal for a regulation
Article 23 – paragraph 7 – subparagraph 1 (new)
The competent authorities shall transmit all the information received pursuant to this Article to a single system, appointed by ESMA, for transaction reporting at Union level. The single system shall allow relevant competent authorities access to all the information reported pursuant to this Article.
2012/05/14
Committee: ECON
Amendment 518 #
Proposal for a regulation
Article 23 a (new)
Article 23 a Obligation to execute transactions on regulated markets or MTFs 1. An investment firm shall execute all its transactions on a regulated market or MTF, unless the transaction meets all of the following criteria: (a) it is ad-hoc (b) it is irregular (c) it is carried out with wholesale counterparties (d) it is part of a business relationship which itself is characterised by dealings above standard market size and where the deals are carried out outside the systems usually used by the firm concerned for its business as a systematic internaliser
2012/05/14
Committee: ECON
Amendment 598 #
Proposal for a regulation
Article 28
[...]deleted
2012/05/14
Committee: ECON
Amendment 621 #
Proposal for a regulation
Article 29
[...]deleted
2012/05/14
Committee: ECON
Amendment 657 #
Proposal for a regulation
Article 30
[...]deleted
2012/05/14
Committee: ECON
Amendment 705 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) an investment product, a financial instrument or activity or practice gives rise to significant investor protection concerns or poses a serious threat to the orderly functioning and integrity of financial markets or the stability of whole or part of the financial system, or a derivative product has a detrimental effect on the price formation mechanism in the underlying market;
2012/05/14
Committee: ECON
Amendment 720 #
Proposal for a regulation
Article 32 a (new)
Article 32a Prohibition of certain financial instruments National competent authorities shall prohibit the marketing, distribution and sale of all financial instruments offering commodity index replications. This measure shall take effect six months after the entry into force of this Regulation.
2012/05/14
Committee: ECON
Amendment 819 #
Proposal for a regulation
Article 45 – paragraph 1 a (new)
1a. Title V of the present regulation shall not apply to intra-group transactions until 3 years after the entry into force of this regulation. For this purpose, conditions 2(a)(i) and 2(a)(iv), shall be removed from the definition of intra-group transactions in Article [2a] of Regulation [ ] (EMIR) during this 5 year period.
2012/05/14
Committee: ECON