Activities of Cornelis VISSER
Plenary speeches (21)
Preparation of the Employment Summit - European Globalisation Adjustment Fund - Renewed Social Agenda - Active inclusion of people excluded from the labour market (debate)
Taxation of savings income in the form of interest payments - Common system of VAT as regards tax evasion linked to import and other cross-border transactions (debate)
50th anniversary of the Tibetan uprising and dialogue between the Dalai Lama and the Chinese Government (debate)
Preparation of the European Council (19-20 March 2008) - European Economic Recovery Plan - Guidelines for the Member States’ employment policies - Cohesion Policy: investing in the real economy (debate)
Revision of the Broadcasting Communication - State aid for public broadcasting (debate)
Shared effort to reduce greenhouse gas emissions (debate)
Deposit-guarantee schemes as regards the coverage level and the payout delay (debate)
Recovery of cod stocks (debate)
Preparation of the European Council, including the situation of the global financial system (continuation of debate)
Progress report on the reform of the European schools (debate)
Electronic communications networks and services - European Electronic Communications Market Authority - Common approach to the use of the spectrum released by the digital switchover - Electronic communications networks and services, protection of privacy and consumer protection (debate)
Report on the ECB annual report for 2007 (debate)
Situation in China after the earthquake and before the Olympic Games (debate)
EC/Mauritania Fisheries Partnership Agreement for the period 1 August 2008 to 31 July 2012 (debate)
Sovereign Wealth Funds (debate)
The crisis in the fisheries sector caused by rising fuel oil prices (debate)
Natural disaster in China (debate)
International Financial Reporting Standards and the governance of the International Accounting Standards Board (debate)
Situation in Tibet (debate)
Taxation of unleaded petrol and gas oil (debate)
Explanations of vote
Reports (2)
REPORT on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures PDF (214 KB) DOC (293 KB)
REPORT Report on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards tax evasion linked to import and other cross-border transactions PDF (175 KB) DOC (207 KB)
Opinions (3)
OPINION Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Renewed social agenda: Opportunities, access and solidarity in 21st century Europe
OPINION Proposal for a decision of the European Parliament and of the Council on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020
OPINION Opinion on a common approach to the use of the spectrum released by the digital switchover
Amendments (106)
Amendment 13 #
2008/2328(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that preserving and promoting multilingualism must be a part of every school curriculum; insists that language- learning should be encouraged at an early stage in order to promote the inclusion of migrants; however, the place given to teaching in the mother tongue within the curriculum and the organisation thereof must specifically be left to the Member States;
Amendment 50 #
2008/2328(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Large towns and cities must be given and must make use of the freedom to coordinate policy designed to promote the integration of migrant children with policies and strategies regarding housing, (child)care, the employment market, health and welfare, areas which all have a proven impact on the academic results of migrant children and their successful integration within society;
Amendment 46 #
2008/2243(INI)
Motion for a resolution
Paragraph 24 (new)
Paragraph 24 (new)
24. Considers that, in respect of the Amsterdam Protocol on the system of public broadcasting in the Member States, the Commission must acknowledge the principle of subsidiarity with regard to defining, organising and financing the public service media in the Member States.
Amendment 9 #
2008/2173(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. reinforces the importance of media literacy and the crucial role of parents and teachers in developing minors' attitude towards videogames, and calls on the Commission to develop and disseminate, in collaboration with the sector, information to parents concerning all facets of videogames; calls on the Commission also to make it compulsory for the industry to include a spoken warning when videogames are started up, in the same way as warnings are given at the beginning of feature films, making parents aware of any content harmful to children;
Amendment 3 #
2008/2025(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports firstly the setting-up of a new preparatory action in the field of sport with an annual budget of EUR 1,5 million under Heading 3b - given that Article 149 of the Lisbon Treaty adds a new EU competence in the area of sport, including incentive measures - followed by an EU funding programme on sport; requests the continuation and full development of the pilot projects proposed by this committee, especially the project on artist mobility proposed last year; supports the continuation, under Heading 4, of the preparatory action of MEDIA INTERNATIONAL that enlarges the scope of the EU's media policy internationally in a positive way;
Amendment 6 #
2008/2009(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points out that by-catches must be returned but makes a distinction in this approach between species of fish and the extent to which they can survive out of water;
Amendment 7 #
2008/2009(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Calls for a joint approach by the Member States to the clearance of unexploded munitions brought to the surface by fishing vessels and thrown back to sea after marking;
Amendment 10 #
2008/2009(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for mutual recognition by the Member States of intermediate diplomas for steersman/mechanic for fishing vessels;
Amendment 65 #
2008/0216(CNS)
Proposal for a regulation
Article 4 – point 24 a (new)
Article 4 – point 24 a (new)
(24a) Recreational fisheries means: (a) Recreational angling - also known as sports fishing - in the form of boat, bank or inshore wade fishing using a rod or fishing line, including angling tournaments or competitive fishing. (b) Other recreational fishing activities in the form of yacht, bank or inshore wade fishing using fishing gear;
Amendment 97 #
2008/0216(CNS)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to specific rules, the masters of Community fishing vessels exceeding 10 meters length overall shall keep a logbook of their operations, indicating specifically all quantities greater than 15 kg of live-weight equivalent of each species caught and kept on board, the date and the relevant geographical area, expressed by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislation, of these catches and the type of gear used. The quantities of each species discarded at sea shall also be recorded in the logbook. The accuracy of the data recorded in the logbook shall be the responsibility of the master.
Amendment 103 #
2008/0216(CNS)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 5 10%.
Amendment 110 #
2008/0216(CNS)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 January 2012. Community vessels up to 15 meters length overall may be exempted from paragraph 1 if they: a) operate exclusively within the territorial seas of the flag Member State or b) never spend more than 24 hours at sea taken from the time of departure to the return to port.
Amendment 123 #
2008/0216(CNS)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
f) the quantities of each species retained on board, including zero catches returns;
Amendment 125 #
2008/0216(CNS)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The competent authorities of the Member State whose port or landing facilities the master of a fishing vessel wishes to use, having made a request to do so at least four hours prior to the estimated time of arrival at the port shall, within two hours of receiving this request, give permission accordingly.
Amendment 154 #
2008/0216(CNS)
Proposal for a regulation
Article 33
Article 33
Amendment 190 #
2008/0216(CNS)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Catches of species subject to a multiannual plan by recreational fisheries shall be counted against the relevant quotas of the flag Member State. The Member States concerned shall establish a share from such quotas to be used exclusively for the purpose of recreational fisheriesincluded in the ‘natural mortality’ calculation before computing the TAC for the TAC of the fish species in question.
Amendment 36 #
2008/0199(COD)
Proposal for a directive – amending act
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Directive 94/19/EC
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
By 31 December 2009 at the latest coverage shall be increased to at least EUR 100 000, coverage shall be fully harmonised. The amount shall be increased to EUR 100 000 in the event that a Commission impact assessment, submitted to the European Parliament and the Council by 31 March 2009, concludes that such a harmonised increase is required in order to ensure consumer protection and financial market stability.
Amendment 143 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1
Article 122a – paragraph 1
1. A credit institution shall only be exposed to the credit risk of an obligation or potential obligation or a pool of obligati, other than an originator, spons or potential obligations where it was not involved in directly negotiating, structuring and documenting the original agreement which created the obligations or potential obligations, if: (a) the persons or entities that directly negotiated, structured and documented the original agreement with the obligor or potential obligor; or alternatively and where applicable, (b) the persons or entities that manage and purchase such obligatior original lender, shall be exposed to the credit risk of a securitisation position in its trading book or non-trading book only if the originator, spons or potential obligations directly or indirectly on behalf of the credit institution, have issued an explicit commitmentor original lender has explicitly disclosed to the credit institution to mainhat it will retain, on an ongoing basis, a material net economic interest andwhich, in any event not less than 5 per cent in positions having the same risk profile as the one that the credit institution is exposed toshall be no less than 5%.
Amendment 149 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 a (new)
Article 122a – paragraph 1 a (new)
1a. For this purpose, retention of net economic interest shall mean either: (a) retention of not less than 5% of the nominal value of each of the tranches sold or transferred to the investors; or (b) in the case of securitisations of revolving exposures, retention of originator's interest of not less than 5% of the nominal value of the securitised exposures; or (c) retention of randomly selected exposures, equivalent to not less than 5% of the nominal amount of the securitised exposures, where these would otherwise have been securitised in the securitisation provided that the number of potentially securitised exposures is not less than 100 at origination; or (d) retention of the first loss tranche and, if necessary, other tranches having the same or more severe risk profile and not maturing any earlier than those transferred or sold to investors, so that the retention equals in total not less than 5% of the nominal value of the securitised exposures.
Amendment 153 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 b (new)
Article 122a – paragraph 1 b (new)
1b. Net economic interest is measured at the origination and shall be maintained on an ongoing basis. It shall not be subject to any credit risk mitigation or any short positions or any other hedge. The net economic interest shall be determined by the notional value for off-balance- sheet items.
Amendment 156 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 c (new)
Article 122a – paragraph 1 c (new)
1c. For the purpose of this Article, "ongoing basis” shall mean that retained positions, interest or exposures shall not be hedged or sold.
Amendment 159 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 d (new)
Article 122a – paragraph 1 d (new)
1d. Where an EU parent credit institution or an EU financial holding company, or one of its subsidiaries, as an originator or sponsor, securitises exposures from several credit institutions, investment firms or financial institutions which are included in the scope of supervision on a consolidated basis, the requirement referred to in the first subparagraph may be satisfied on the basis of the consolidated situation of the related EU parent credit institution or EU financial holding company. This paragraph shall apply only where credit institutions, investment firms or financial institutions which created the securitised exposures have committed themselves to comply with the requirements set out in paragraph 6 and deliver, in a timely manner, to the originator or sponsor and to the EU parent credit institution or an EU financial holding company, the information needed to satisfy the requirements referred to in paragraph 7.
Amendment 163 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 2 – subparagraph 1 – introductory part
Article 122a – paragraph 2 – subparagraph 1 – introductory part
2. Paragraph 1 shall not apply to obligations or potential obligations that constitutwhere the securitised exposures are claims or contingent claims on or guaranteed by:
Amendment 166 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 2 – subparagraph 1 – point a a (new)
Article 122a – paragraph 2 – subparagraph 1 – point a a (new)
(aa) regional governments, local authorities and public sector entities of Member States;
Amendment 168 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 2 – subparagraph 1 – point b
Article 122a – paragraph 2 – subparagraph 1 – point b
(b) institutions to which a credit quality step of 3 or better applies according to Annex VI, Part 1, point 2950% risk weight or less is assigned under Articles 78 to 83; and
Amendment 173 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 2 – subparagraph 2
Article 122a – paragraph 2 – subparagraph 2
Paragraph 1 shall not apply either to syndicated loanto: (i) transactions based on an index, where the underlying reference entities are identical to those that make up an index of entities that is widely traded, or are other tradable securities other than securitisation positions; (ii) syndicated loans, purchased receivables or credit default swaps where these instruments are not used to package and/or hedge an oblig securitisation that is covered by paragraph 1.
Amendment 179 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 3
Article 122a – paragraph 3
Amendment 184 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – introductory part
Article 122a – paragraph 4 – introductory part
4. BeforeCredit investing and on an ongoing basis, credit institutions shall be able to demonstrate at all timestutions other than originators or sponsors or original lenders, shall be able to demonstrate, from the moment they invest, to the competent authorities for each of their individual securitisation positions, that they have a comprehensive and thorough understanding of and have implemented formal policies and procedures appropriate to their trading book and non-trading book and commensurate with the risk profile of their investments in securitised positions for analysing and recording, in writing:
Amendment 188 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point a
Article 122a – paragraph 4 – point a
(a) the commitment,information disclosed under paragraph 1, ofby originators and/or sponsors to maintain aspecify the net economic interest in the securitisation and the period for which such commitment is givethat they maintain, on an ongoing basis, in the securitisation;
Amendment 195 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point d
Article 122a – paragraph 4 – point d
(d) the reputation and loss experience in earlier securitisations of the originators or sponsors in the relevant exposure classes underlying the securitizsation position;
Amendment 199 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point e
Article 122a – paragraph 4 – point e
(e) the statements made by the originators and or sponsors, or its agent or advisor, about theits due diligence undertaken by themto ensure the quality onf the obligorsecuritised exposures and, where applicable, on the collateral quality of the exposures underlying the securitization positionsecuritised exposures;
Amendment 201 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point f
Article 122a – paragraph 4 – point f
(f) where applicable, the methodologies and concepts on which the valuation of collateral supporting the exposures underlying the securitization positionsecuritised exposures is based and the policies adopted by the originators or sponsor to ensure the independence of the valuer; and
Amendment 204 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point g
Article 122a – paragraph 4 – point g
(g) all the structural features of the securitisation that can materially impact the performance of the credit institution's securitisation position. To this end, cCredit institutions shall prior to investing and regularly thereafter perform and record appropriate stress tests, such stress tests to be conducted independently of the ECAI or ECAIs who have rated the securitisation and to be based on all relevant information provided by the originator for this purposeregularly perform their own stress tests appropriate to their securitisation positions. To this end, credit institutions shall not only rely on stress tests performed by an ECAI.
Amendment 208 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 5 – save for last sentence
Article 122a – paragraph 5 – save for last sentence
5. Credit institutions shall establish formal procedure, other than originators or sponsors or original lenders, shall establish formal procedures appropriate to their trading book and non-trading book and commensurate with the risk profile of their investments in securitised positions to monitor on an ongoing basis and in a timely manner performance information on the exposures underlying their securitisation positions. Where relevantappropriate, this shall include, at a minimum: the exposure type, the length of time the exposures have been held by the originator including the percentage held by the originator for less than 2 years, the percentage of loans more than 30, 60 and 90 days past due, default rates, prepayment rates, loans in foreclosure, collateral type and occupancy, frequency distribution of credit scores or other measures of credit worthiness across underlying exposures, industry and geographical diversification, frequency distribution of loan to value ratios with band widths that facilitate adequate sensitivity analysis. Where the underlying exposures are themselves securitisation positions, the requirements tcredit institutions shall have the above listed information not only on the underlying securitisation tranches, such as the issuer name and credit quality, but also monitor and be able to access information shall apply to the characteristics and performance of the pools underlying securitisation tranches. Credit institutions shall have a thorough understanding of all structural features of a securitisation transaction that would materially impact the performance of their exposures underlying these securitization positionsto the transaction such as the contractual waterfall and waterfall related triggers, credit enhancements, liquidity enhancements, market value triggers, and deal-specific definition of default.
Amendment 214 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 5 – last sentence
Article 122a – paragraph 5 – last sentence
Where the requirements in paragraph 4 and in this paragraph are not met, credit institutions shall apply a risk weight of 1250% to these securitisation positions under Annex IX, part 4 in any material respect, and by reason of negligence or omission, including, in the case of an investment made after 31 December 2010, failure to obtain and analyse from the originator or sponsor, from the moment they invest on, all relevant information required under paragraphs 4 and 5, credit institutions shall apply a risk weight of 1250% to these securitisation positions under Annex IX, part 4 except where competent authorities have decided to temporarily suspend the requirements referred to in paragraphs 1 and 2 during periods of general market liquidity stress.
Amendment 216 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 6
Article 122a – paragraph 6
6. Sponsor and oOriginator credit institutions shall apply the same sound and well-defined criteria for credit-granting in accordance with the requirements of Annex V, point 3 to exposures to be securitised as they apply to exposures to be held on their own non-trading book. To this end the same processes for approving and, where relevant, amending, renewing and re- financing credits shall be applied by the originator and sponsor credit institutions. Credit institutions shall also apply the same standards of analysis to participations and/or underwritings in securitization issues purchased from third parties whether such participations and/or underwritings are to be held on their trading or non-trading bookto securitisation positions purchased from third parties. The same standards of analysis should be applied to the underwriting of securitisation positions as applied to other underwritings undertaken by the credit institution.
Amendment 219 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 7 – save for last sentence
Article 122a – paragraph 7 – save for last sentence
7. Sponsor and originator credit institutions shall disclose to investors the level of their commitment under paragraph 1 to maintain a net economic interest that they maintain in the securitisation. Sponsor and originator credit institutions shall ensure that investors and prospective investors have readily available access to all materially relevant data on the securitisation exposure, such as the credit quality and performance of the individual underlying exposures, cash flows and collateral supporting a securitization exposure as well as such information that is necessary to conduct comprehensive and well informed stress tests on the cash flows and collateral values supporting the underlying exposureor the credit quality and performance of underlying pools of exposures where these exposures are assigned to the retail exposure class, and information that is necessary to conduct appropriate stress tests.
Amendment 222 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 7 – last sentence
Article 122a – paragraph 7 – last sentence
Where these requirements and those in paragraph 6 are not met, by an originator credit institution in any material respect, Article 95(1) shall not be applied by an originator credit institution which will not be allowed to exclude the securitizsed exposures from the calculation of its capital requirements under this Directive.
Amendment 224 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 8
Article 122a – paragraph 8
8. Paragraphs 41 to 7 shall apply to securitisations issued from the date that this Directive comes into effect and t1 January 2011. To existing securitisations where new underlying exposures are added or substituted after that date, paragraphs 1 to 7 shall apply from 1 January 2016. Competent authorities may decide to temporarily suspend the requirements referred to in paragraphs 1 and 2 during periods of general market liquidity stress.
Amendment 227 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 9 – introductory part and point a
Article 122a – paragraph 9 – introductory part and point a
9. Competent authorities shall disclose publicly at least annually: (a) thethe following information: (a) the general criteria and methodologies adopted to review the compliance with paragraphs 1 to 7 on 1 January 2011;
Amendment 228 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 9 – point b
Article 122a – paragraph 9 – point b
Amendment 229 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 9 – point c
Article 122a – paragraph 9 – point c
(c) the number and a summary description of thewithout prejudice to the provisions laid down in Chapter 1, Section 2, a summary description of the outcome of the supervisory review and description of the measures imposed in cases of non- compliance with paragraphs 1 to 7 identified during the past 12 monthson an annual basis starting from 31 December 2011.
Amendment 233 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 10 – first sentence
Article 122a – paragraph 10 – first sentence
10. The Committee of European Banking Supervisors wishall report annuallyevery two years to the Commission about the compliance by competent authorities with this Article. application of this Article, including on potential evidence of other risk transfer mechanisms and financial innovation with adverse incentives and on the implementation of paragraph 1d.
Amendment 234 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 10 – second sentence
Article 122a – paragraph 10 – second sentence
Amendment 56 #
2008/0150(CNS)
Proposal for a directive – amending act
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, the Federal Republic of Germany and the French Republic shall be authorised to bring into force the provisions necessary to comply with Article 3(1) of this Directive by 31 December 2014.
Amendment 33 #
2008/0142(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Research suggests that physical harm arises from healthcare in around 10% of cases. Ensuring clear common obligations to deal with circumstances of responding to harm arising from healthcare is therefore essential to avoid lack of confidence in those mechanisms acting as an obstacle to taking up cross-border healthcare. Coverage for harm and compensation by the systems of the country of treatment should be without prejudice to the possibility for Member States to extend the coverage of their domestic systems to patients from their country seeking healthcare abroad, where this is more appropriate to the patient, in particular in the case of patients for whom use of healthcare in another Member State is necessary.
Amendment 34 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or private. This Directive shall apply to statutory, private and combined sickness insurance schemes.
Amendment 35 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 1 – letter (f)
Article 3 – paragraph 1 – letter (f)
(f) Regulations on coordination of social security schemes, in particular Article 22s 19, 20, 22 and 25 of Regulation (EC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community and Articles 17, 18, 19, 20, 27 and 28 of Council Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.
Amendment 36 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 1 – letter (g) a (new)
Article 3 – paragraph 1 – letter (g) a (new)
(ga) Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non- life insurance Directive).
Amendment 37 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. WUntil the date on which Regulation (EC) No 883/2004 enters into force, the rule shall apply that when the circumstances under which an authorisation to go to another Member State in order to receive appropriate treatment under Article 22 of Regulation (EC) No 1408/71 must be granted are met, the provisions of that Regulation shall apply and the provisions of Articles 6, 7, 8 and 9 of this Directive shall not apply. Conversely, when an insured person seeks healthcare in another Member State in other circumstances, Articles 6, 7, 8 and 9 of this Directive apply and Article 22 of Council Regulation (EC) No 1408/71 shall not apply. However, whenever the conditions for granting an authorisation set out in Article 22(2) of Regulation (EC) No 1408/71 are fulfilled, the authorisation shall be accorded and the benefits provided in accordance with that Regulation. In that case Articles 6, 7, 8 and 9 of this Directive shall not apply.
Amendment 38 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
Amendment 39 #
2008/0142(COD)
Proposal for a directive
Article 4 – letter g – point (ii) a (new)
Article 4 – letter g – point (ii) a (new)
(iia) an insured person as defined in the policy conditions of private sickness insurance schemes;
Amendment 40 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. In view of the major importance, particularly to patients, of safeguarding the quality and safety of cross-border care, the organisations involved in drawing up norms and guidelines as referred to in paragraphs 1 and 3 shall at the minimum include patients' organisations (particularly those of a cross-border nature).
Amendment 41 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons deliberately travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is provided.
Amendment 45 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This list shall be set up and may be regularly updated by the Commission. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3). In drawing up this list, the Commission shall take account of the special position of European reference networks as referred to in Article 15.
Amendment 46 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall apply without prejudice to Article 3(2) and shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 47 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member State of affiliation shall ensure that administrative procedures regarding the use of healthcare in another Member State related to any prior authorisation referred to in Article 8(3), reimbursement of costs of healthcare incurred in another Member State and other conditions and formalities referred to in Article 6(3), are based on objective, non- discriminatory criteria which are published in advance, and which are necessary and proportionate to the objective to be achieved. IUntil the date on which Regulation (EC) No 883/2004 enters into force: in any event, an insured person shall always be granted the authorisation pursuant to Regulations on coordination of social security referred to in Art. 3.1 f) whenever the conditions of Art.22.1 c) and Art. 22.2 of Regulation 1408/71 are met. From the date on which Regulation (EC) No 883/2004 enters into force: when the circumstances referred to in Article 20 of Regulation (EC) No 883/2004 are met, an insured person shall always be granted authorisation by virtue of the regulations concerning coordination of social security schemes as referred to in Article 3(1)(f).
Amendment 48 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
10. The Member States of affiliation shall ensure that there are mechanisms in place to provide patients on request with information on receiving healthcare in another Member State, and the terms and conditions that would apply, inter alia, whenever harm is caused as a result of healthcare received in another Member State. In information about cross-border care, a clear distinction shall be made between the rights which patients have by virtue of this Directive and rights arising from regulations on the coordination of social security schemes as referred to in Article 3(1)(f).
Amendment 49 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate national contact points for cross-border healthcare and communicate their names and contact details to the Commission. Member States shall ensure that patients' organisations, health insurance funds and care providers are involved in these national contact points.
Amendment 50 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall render such mutual assistance as is necessary for the implementation of this Directive and shall conclude agreements on this subject.
Amendment 51 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall facilitate cooperation in cross-border healthcare provision at regional and loc, local and national level as well as through information and communication technologies, and cross- border healthcare provided on a temporary or ad hoc basis, and other forms of cross-border cooperationshall conclude agreements on this subject.
Amendment 52 #
2008/0142(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a In order, in future, to establish as effective as possible a care policy, the Commission shall designate border regions as trial areas where innovative initiatives relating to cross-border care can be thoroughly tested, analysed and assessed.
Amendment 53 #
2008/0142(COD)
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
The Commission shall be responsible for the collection of the requisite information to chart cross-border flows of patients and practitioners so as to be able to remedy any adverse effects promptly and to further encourage positive effects. The Commission shall include this information in the report referred to in paragraph 1.
Amendment 27 #
2008/0112(CNS)
Proposal for a regulation
Article 4 - paragraph 1
Article 4 - paragraph 1
1. A living aquatic resource shall be considered as undersized if it is smaller than the minimum landing size specified in Annex I f1. For the relevant speciespecies that are not listed in Annex 1, the minimum landing size shall be in accordance with an annex supplied by the producer’s organisations.
Amendment 31 #
2008/0112(CNS)
Proposal for a regulation
Article 6 - paragraph 3 - point b
Article 6 - paragraph 3 - point b
Amendment 35 #
2008/0112(CNS)
Proposal for a regulation
Article 9 - paragraph 1
Article 9 - paragraph 1
1. By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or with a mesh size equal to or greater than 100 mm and less than 130 mm south of 48°N, in waters of less than 6400 metres charted depth, provided that they are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25km per vessel. The maximum immersion time shall be 24 hours unless weather conditions make hauling of the nets impossible.
Amendment 43 #
2008/0112(CNS)
Proposal for a regulation
Article 12
Article 12
The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited, except pulse trawl fishing.
Amendment 4 #
2008/0069(COD)
Proposal for a recommendation
Recital 10
Recital 10
The Framework should comprise a quality assurance and improvement cycle of planning, implementation, evaluation/assessment and review of VET, supported by common quality criteria, indicative descriptors and indicators. The monitoring processes, including a combination of internal and external evaluation mechanisms, have to be defined by Member States as appropriate in order to identify the strength of systems, processes and procedures and areas for improvement. The Framework should include the use of measuring tools to provide evidence of effectiveness. It is important in this context that national quality frameworks should, at the minimum, comply with the standards and directives for quality assurance in intermediate vocational education and training laid down in the European Reference Framework.
Amendment 5 #
2008/0069(COD)
Proposal for a recommendation
Recital 15
Recital 15
This Recommendation conforms to the principle of proportionality referred to in that Article because it does not replace or define national quality assurance systems. The Framework does not prescribe a particular quality system or approach, but provides common principles, quality criteria, indicative descriptors and indicators that may help to assess and improve existing systems and provision. Consequently, freedom of policy is preserved in Member States but the European framework is complied with.
Amendment 6 #
2008/0069(COD)
Proposal for a recommendation
Recommendation 1
Recommendation 1
1. use and further develop the European Quality Assurance Reference Framework, quality criteria, indicative descriptors and reference indicators as set out in Annexes 1 and 2, to further improve, reform and develop their VET systems, support lifelong learning strategies and the implementation of the EQF and promote a culture of quality improvement at all levels. Extra emphasis should be placed on the transition from vocational education and training to higher education;
Amendment 8 #
2008/0069(COD)
Proposal for a recommendation
Recommendation 2
Recommendation 2
2. devise a national approach for implementing the European Quality Assurance Reference Framework not later than 2010, involving the social partners and all other relevant stakeholders in accordance with national legislation and practice. This should include the identification of a number of common indicators to assess and monitor progress and to support review. It is also very important that Member States should develop greater mutual confidence in the quality of VET, because, where such confidence exists, students will easily be able to receive part of their education abroad without this being at the expense of recognition of diplomas or of the level of education received;
Amendment 56 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should therefore review the situation by June 2011 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It should base its analysis on the assessment of the cost structure of installations inside and outside the EU and the inability to pass on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement.
Amendment 57 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 33
Recital 33
(33) [As regards the approach viation is an energy-intensive industry sector allocation, aviation should be treated as other industries which receive transitional free allocation rather than as electricity generators. This means that 80% of allowances should be allocated for free in 2013, and thereafter the free allocation to aviation should decrease each year by equal amounts resulting in no free allocation in 2020. The Community and its Member States should continue to seek to reach an agreement on global measures to reduce greenhouse gas emissions from aviation and review the situation of this sector as part of the next review of the Community scheme.] s defined in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity1. In the absence of a viable alternative fuel, aviation is fully kerosene dependent for its energy provision and has very high abatement costs. Also, the ability for aircraft operators to pass through costs of allowances to their customers is limited. The Community and its Member States should continue to seek to reach an agreement on global measures to reduce greenhouse gas emissions from aviation. As long as there is no global agreement on global measures to reduce greenhouse gas emissions from aviation, there are serious risks of traffic deviation and carbon leakage, particularly if a high level of auctioning is applied to the sector within the EU ETS. Accordingly, the level of auctioning of allowances for aviation should reflect the risk of carbon leakage and the impact of ETS on competitiveness for EU aviation.] _______________ 1 OJ L 283, 31.10.2003, p. 51.
Amendment 72 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
The balance of the revenue generated from the auctioning referred to paragraph 2 should be channelled back to the undertakings which participated therein and/or were forced to pay higher electricity prices as a result of auctioning in the electricity sector. The revenue can be channelled back in the form of tax concessions in other areas and/or lower social contributions or, alternatively, by making available technological resources.
Amendment 102 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/87/EC
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Every two years following the adoption of this Directive, the Commission shall draw up a report evaluating how the implementation of the Member States' commitments under this Directive has affected competition at national, EU and international level.
Amendment 21 #
2007/2287(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Supports the Commission in its aim only to pursue initiatives that demonstrably offer citizens tangible benefits, are soundly justified and have been subject to proper impact studies into cost-effectiveness where it is shown that there are deficiencies in cross-border activity and that the proposed measures are really effective in remedying these deficiencies; agrees that, in the case of the single market in financial services for consumers and small businesses, only an increase in cross- border activity can justify legislative measures;
Amendment 27 #
2007/2201(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends low or non-existent closing costs in order to encourage mobility and competition; requests the Commission to define best practice oncommends swift and efficient procedures for account switching, taking into account both the duration of the procedure and the costs associated with it; is of the opinion that to switch current accounts should not cause any harm to customers; is against any unnecessary contractual links impeding customers' mobility;
Amendment 33 #
2007/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinion that information to consumers is essential but not, per se, sufficient to ensure competition between banks; requests information that is better quality and, more readable and concise; is of the opinion that for the time being, it is difficult and costly for consumers to obtain;
Amendment 40 #
2007/2201(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests the Commission to work on enforcing obligations for banks to provide consumers, before they open an account, with a single documentn A4 sheet of paper summarising details of all costs, including closing costs;
Amendment 41 #
2007/2201(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 76 #
2007/2201(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. NotesIs of the opinion that the Commission has repeatedly qualified multilateral interchange fees as anti-competitive and consequently requested the industry to abolish them; is of the opinion that the Commission should provide stakeholdersshould provide stakeholders in the field of the Multilateral Investment Fund with clear indications, guidelines and transparency requirements that could enable the industry to ensure a fair and transparent calculation method, compatible with EC competition law;
Amendment 13 #
2007/0223(CNS)
Proposal for a regulation
Article 3 - paragraph 1 - point (g)
Article 3 - paragraph 1 - point (g)
(g) deliberately concealed, tampered with or deliberately disposed of evidence relating to an investigation, or
Amendment 14 #
2007/0223(CNS)
Proposal for a regulation
Article 3 - paragraph 1 - point (h)
Article 3 - paragraph 1 - point (h)
(h) demonstrably obstructed the work of fisheries inspectors in the exercise of their duties in inspecting for compliance with the applicable conservation and management measures, or the work of observers in the exercise of their duties of observing compliance with the applicable Community rules, or
Amendment 23 #
2007/0223(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. MExcept in the event of force majeure, masters of third country fishing vessel or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 72 hours before the estimated time of arrival at the port, of the following information:
Amendment 27 #
2007/0223(CNS)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By way of derogation to paragraphs 2 and 3 the port Member State may authorise port access and all or part of a landing in cases where the information referred to in paragraph 1 is not complete or its verification is pending, but shall in such cases keep the deep-frozen fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the information referred to in paragraph 1 has been received or the verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fish in accordance with national rules.
Amendment 29 #
2007/0223(CNS)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. If the fish referred to in Article 7(4) is fresh, the fish shall be sold through the regular channels. The competent authorities shall retain control over the proceeds from this sale until the period referred to in Article 7(4) has elapsed.
Amendment 30 #
2007/0223(CNS)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall carry out inspections in their ports of at least 15% ofll landings, transhipments and on-board processing operations by third country fishing vessels each year.
Amendment 40 #
2007/0223(CNS)
Proposal for a regulation
Article 15 – paragraph 2 – point (a)
Article 15 – paragraph 2 – point (a)
(a) a certificate issued by the customs authorities of the state of processing: (i) givingletter of warranty issued by an EC- approved processing company containing the following information: (i) continual number and year specification of the letter of warranty; (ii) name of the producer with address, telephone number and exact description-mail; (iii) identification number of the unprocessed and processed products and their respective quantities; (ii) certifying that the processed products have been exclusively processed from the unprocessed products referred to on the catch certificate(s) in the state of processingducer (EC hygiene regulation); (iv) CN-Code of the product and quantity specification (product weight); (v) document number respectively numbers of the catch certificate / certificates which were used for the processing of the fishery products; (vi) notice that the letter of warranty must be kept safely for three years from the date of signing; (vii) date and signature of the responsible operator. This letter of warranty shall remain in the processing company of the third country and only the number of the letter of warranty shall be specified for control purposes in the accompanying import documents (e.g. bill, packing list, etc.); or
Amendment 41 #
2007/0223(CNS)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Any natural or legal person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraph 1 or 2 which concern him directly and individually. The right of appeal shall be exercised according to the provisions in force in the Member State concerned.
Amendment 53 #
2007/0223(CNS)
Proposal for a regulation
Article 28 - paragraph 1 - point (i) a (new)
Article 28 - paragraph 1 - point (i) a (new)
(ia) the technical specifications of the vessel concerned.
Amendment 56 #
2007/0223(CNS)
Proposal for a regulation
Article 30 – paragraph 5 – point (d)
Article 30 – paragraph 5 – point (d)
(d) for developing countries which have been designated as such, the existing capacity of their competent authorities.
Amendment 89 #
2007/0143(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The supervisory regime should provide for a risk-sensitive requirement, which is based on a prospective calculation to ensure accurate and timely intervention by supervisory authorities (the Solvency Capital Requirement), and a minimum level of security below which the amount of financial resources should not fall (the Minimum Capital Requirement). Both capital requirements should be harmonised throughout the Community in order to achieve a uniform level of protection for policyholders. For the good functioning of the Solvency II regime, there should be an adequate ladder of intervention between the Minimum Capital Requirement and the Solvency Capital Requirement.
Amendment 126 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Without prejudice to Articles 5 to 10, this Directive shall not apply to non-life insurance undertakings whose annual premium income does not exceed EUR 5 millionich fulfil all of the following conditions: (a) the annual gross written premium income does not exceed EUR 5 million; (b) the total technical provisions gross of the amounts recoverable from reinsurance contracts and Special Purpose Vehicles, as referred to in Article 75, does not exceed EUR 5 million; (c) the business of those undertakings does not cover reinsurance obligations, nor liability, credit and suretyship insurance risks, unless they constitute ancillary risks within the meaning of Article 16(1); and (d) the undertaking is not part of a group, as referred to in Article 210, to which Title III applies.
Amendment 136 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. If any of the amounts set out in paragraph 1 is exceeded for three consecutive years this Directive shall apply from the fourth year.
Amendment 137 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. By way of derogation from paragraph 1, this Directive shall apply to all insurance undertakings seeking authorisation in accordance with Article 14(2) and whose annual gross written premium income or gross technical provisions according to the scheme of operations referred to in Article 23 is expected to exceed the amounts set out in paragraph 1 within the following 5 years.
Amendment 138 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. Subject to the approval of the supervisory authority of the insurance undertaking concerned, this Directive shall cease to apply from the fourth year to those insurance undertakings which fulfil both of the following conditions: (a) the amounts set out in paragraph 1 are not exceeded for three consecutive years; and (b) the amounts set out in paragraph 1 are not expected to be exceeded within the following five years. As long as the insurance undertaking concerned carries on activities in accordance with Articles 143 to 147, the first subparagraph shall not apply.
Amendment 139 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 2 c (new)
Article 4 – paragraph 2 c (new)
2c. Paragraphs 1 and 2 shall not prevent any undertaking from applying for authorisation or continuing to be authorised under this Directive.
Amendment 148 #
2007/0143(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 672 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 1
Article 238 – paragraph 1
1. By way of derogation from Article 136, the supervisory authority having authorised the subsidiary shall not be responsible for enforcing its Solvency Capital Requirement by taking measures at the level of the subsidiary. That supervisory authority shall however continue to monitorparagraphs 2 and 3 of Article 136, in cases of non- compliance with the Solvency Capital Requirement of the subsidiary aprocedures set out in the paragraphs 2 and 3to 4b apply.
Amendment 676 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 2
Article 238 – paragraph 2
2. Whereithin two months of the observation that the Solvency Capital Requirement is no longer fully covered by the combination of own funds eligible under Article 98(4) and the amount of group support declared in accordance with Article 237, but the own funds eligible under Article 98(5) are sufficient to cover the minimum cthe subsidiary shall submit a plan for the reestablishment of the coverage of the Solvency Capital rRequirement, for approval by the supervisory authority may call on the parent undertaking towithin three months from the observation of the non-compliance, either by increasing the level of eligible own funds or provideing a new declaration bringing theof group support to the amount necessary to ensure that the Solvency Capital Requirement is again fully covered. The supervisory authority shall inform and forward the plan to the group supervisor without delay.
Amendment 681 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 3
Article 238 – paragraph 3
3. Where the Solvency Capital Requirement is no longer fully covered by the combination of own funds eligible under Article 98(4) Before approving the pland, the amount of group support declared in accordance with Article 237, and the own funds eligible under Article 98(5) are not sufficient to cover the minimum capital requirement, thesupervisory authority shall ensure that the group supervisory authority may call on the parent undertaking toccepts the proposed transfer own fundsf eligible under Article 98(5) to the extent necessary to ensure that the minimum capital requirement is again covered, and to provide aown funds or the new declaration bringing theof group support toby the amount necessary to ensure that the Solvency Capital Requirement is again fully coveredparent undertaking set out in the plan.
Amendment 687 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 1
Article 238 – paragraph 4 – subparagraph 1
Amendment 693 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 2
Article 238 – paragraph 4 – subparagraph 2
Where the parent undertaking doelan is not approvide the new declarationed and the level of the Solvency Capital Requirement of the subsidiary is not requ-ested, or where the new declaration provided is not acceptedablished within the timetable referred in paragraph 2, the derogations provided for in Articles 236 and 237 and in paragraph 1 shall cease to apply.
Amendment 698 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 3
Article 238 – paragraph 4 – subparagraph 3
Amendment 704 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 4 a (new)
Article 238 – paragraph 4 – subparagraph 4 a (new)
4a. The supervisory authority that authorised the subsidiary shall regain full responsibility for setting the Solvency Capital Requirement of the subsidiary and taking appropriate measures to ensure that it is adequately met by own funds eligible under Article 98(4). The parent undertaking shall not, however, be released from the commitment resulting from the most recent declaration accepted.
Amendment 707 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 4 b (new)
Article 238 – paragraph 4 – subparagraph 4 b (new)