14 Amendments of Othmar KARAS related to 2009/0142(COD)
Amendment 198 #
Proposal for a regulation
Recital 15
Recital 15
(15) The process for the development of technical standards in this regulation is without prejudice to the Commission’s powers to adopt on its own initiative implementing measures under comitology procedures at level 2 of the Lamfalussy structure as laid out in the relevant Community legislation. The matters concerned by the technical standards do not involve policy decisions, and their content is framed by the Community acts adopted at Level 1. While technical standards developed hereunder shall take into account institutions that act merely locally and without EU-dimension, the overall impact of technical standards on the entire industry shall be assessed in each case. Development of the draft standards by the Authority ensures that they fully benefit from the specialised expertise of national supervisory authorities.
Amendment 250 #
Proposal for a regulation
Recital 33
Recital 33
(33) 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, a Banking Stakeholder Group should be established for that purpose, representing in balanceddue proportions Community credit and investment institutions of different Member States, sizes and banking sectors (including as appropriate institutional investors and other financial institutions which themselves use financial services), their employees, and consumers and other retail users of banking services, including SMEs. The Banking Stakeholder Group should actively work as an interface with other user groups in the financial services area established by the Commission or Community legislation.
Amendment 272 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall act within the scope of Directive 2006/48/EC, Directive 2006/49/EC, Directive 2002/87/EC, Directive 2005/60/EC, Directive 2002/65/EC and Directive 94/19/EC, including all directives, regulations, and decisions based on these acts, and of any further CommunityEU legislative act which confers tasks on the Authority.
Amendment 320 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) contribute to a consistent application of CommunityEU legislationve acts, in particular by contributing to a common supervisory culture, ensuring consistent, efficient and effective application of the legislation referred to in Article 1(2), preventing regulatory arbitrage, mediating and settling disagreements between competent authorities, promoting a coherent functioning of colleges of supervisors and taking actions in emergency situations;
Amendment 356 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. The Authority may develop technical standards into complete and modify elements theat areas specifically set out in not essential to the legislation referred to in Article 1(2). The Authority shall submit its draft standards to the Commission for endorsementtechnical standards shall not represent strategic or policy decisions and their content shall be limited by the legislation on which they are based.
Amendment 387 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The standards shall be adopted by the Commission by meansCommission shall adopt delegated acts in accordance with Articles 7a to 7d, designed to establish the technical standards referred to in paragraph 1. Technical standards shall be devised by taking into account proportionality as an overarching principle. Those acts shall be in the form of Rregulations or Dand decisions and should be published in the Official Journal of the European Union.
Amendment 416 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. Upon request from one or more competent authorities, from the Commission, from the European Parliament, the Council, or the Banking Stakeholder Group or on its own initiative and after having informed the competent authority concerned, the Authority may investigate the alleged incorrect application of CommunityEU law.
Amendment 548 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Without prejudice to the competences of the CommunityEU Institutions, the Authority may develop contacts with supervisory authorities from third countries. It may enter into administrative arrangements with international organisations and the administrations of third countries.
Amendment 560 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
1. At the request of the Authority, competent supervisory authorities and other public authoritienational central banks of the Member States shall provide the Authority with all the necessary information to carry out the duties assigned to it by this Regulation.
Amendment 593 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
2. The Banking Stakeholder Group shall be composed of 30 members, representing in balanced proportions CommunityEU credit and investment institutions, their employees as well as consumers and users of banking services.
Amendment 668 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 683 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
1. All other decisions of the Board of Supervisors shall be taken by simple majority of members.
Amendment 684 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2 a (new)
Article 29 – paragraph 1 – subparagraph 2 a (new)
In exception to para (1) the Board of Supervisors shall adopt decisions under chapter VI on the basis of qualified majority of its members, as defined in Article 16 of the EU Treaty and in Article 3 of the protocol on transitional provisions annexed to the treaty on the Functioning of the European Union.
Amendment 761 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The Board of Appeal may, within the provisions of this Article, exercise any power which lies within either confirm the decision taken by the competencet body of the Authority, or it may remit the case to the competent body of the Authority. That body shall be bound by the decision of the Board of Appeal and shall adopt an amended decision regarding the case concerned.