966 Amendments of Thierry CORNILLET
Amendment 21 #
2018/2656(RSP)
Citation 19 a (new)
– having regard to the Report on the impact of international trade and the EU's trade policies on global value chains ((A8-0268/2017),
Amendment 22 #
2018/2656(RSP)
Citation 19 g (new)
– having regard to Regulation (EU) No 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas,
Amendment 23 #
2018/2656(RSP)
Citation 19 b (new)
– having regard to the draft Regulation on responsible sourcing of minerals adopted by the European Parliament on 20 May 2015,
Amendment 24 #
2018/2656(RSP)
Citation 19 c (new)
– having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market,
Amendment 25 #
2018/2656(RSP)
Citation 19 d (new)
– having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),
Amendment 26 #
2018/2656(RSP)
Citation 19 e (new)
– having regard to its resolution of 5 July 2016 on implementation of the 2010 recommendations of Parliament on social and environmental standards, human rights and corporate responsibility,
Amendment 27 #
2018/2656(RSP)
Citation 19 f (new)
– having regard to its resolution of 25 November 2010 on corporate social responsibility in international trade agreements,
Amendment 39 #
2018/2656(RSP)
Recital A
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law, good governance and respect for human rights; and whereas its action on the international scene (including its development and trade policies) shall be guided by these principles;
Amendment 43 #
2018/2656(RSP)
Recital A a (new)
Aa. whereas the European Union is a normative power and an economic power; whereas, as such, it needs to position itself as a leader in the dissemination of best practice and the development of global standards;
Amendment 49 #
2018/2656(RSP)
Recital B
B. whereas development should go hand-in-hand with social justice and, good governance, respect for social rights and the right to human dignity and freedom for all, and whereas development, trade and human rights can have an impact on each other and may reinforce each other;
Amendment 58 #
2018/2656(RSP)
Recital C a (new)
Ca. whereas due diligence is a concept referred to in the OECD Guidelines for Multinational Enterprises1 a; _________________ 1a http://www.oecd.org/corporate/mne/48004 323.pdf
Amendment 86 #
2018/2656(RSP)
Recital H
H. whereas the EU, for the sake of consistency of policies, has played a leading role in negotiating and implementing a number of initiatives for global responsibility which go hand in hand with the promotion and respect of international standards in relation to business and human rights;
Amendment 136 #
2018/2656(RSP)
Paragraph 5
5. Reaffirms the urgent need to act in an effective and coherent manner at all levels, including national, European and international, in order to effectively address human rights violations by transnational corporations, to provide for access to remedies, to address legal problems resulting from the extra- territorial dimension of transnational companies, and the related uncertainty as to where liability for human rights violations lies;
Amendment 144 #
2018/2656(RSP)
Paragraph 6
6. Considers it necessary to establish primacy of human rights in international law through a clear system whereby human rights obligations take precedence over other types of conflicting obligations; stresses that coordination and the exchange of information and good practices will contribute positively to initiatives taken by businesses which have decided to respect human rights and social and environmental standards;
Amendment 146 #
2018/2656(RSP)
Paragraph 6 a (new)
6a. Stresses that corporate social responsibility on a voluntary basis risks creating unfair competition for those who choose to comply with international standards; stresses that it is not sufficient for ensuring, in connection with the implementation of the duty of care, full conformity with international standards and obligations;
Amendment 148 #
2018/2656(RSP)
Paragraph 6 b (new)
6b. Welcomes the adoption on 31 May 2018 of the OECD Due Diligence Guidance for Responsible Business Conduct by 35 OECD countries, Romania and 12 emerging countries; stresses that this new legal instrument covers all parts of the economy and relates to the various risks connected with business activities and supply chains, particularly in the area of human rights and labour, environmental and corruption legislation;
Amendment 170 #
2018/2656(RSP)
Paragraph 10
10. Stresses the importance of the EU being actively involved in this intergovernmental process on the basis of the principle of policy coherence;
Amendment 23 #
2018/2161(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. considers that among the challenges facing the EIB, appriopriate supervision is crucial; believes, given the role and institutional set-up of the EIB, an ad-hoc supervisory structure is required which includes representatives of the ECB, EBA, ECA, national competent authorities and independent experts;
Amendment 32 #
2018/2161(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises the EIB’s responsibility to intervene when there are specific market failures, such as the financial crisis and difficulties in accessing finance for SMEs and innovators; applauds the success of the European Fund for Strategic Investments (EFSI), under which 898 operations have been approved and which is expected to trigger EUR 335 billion in investment across the 28 EU Member States; underlines the necessity to accelerate the work on building a Capital Markets Union thus enabling the EIB to really focus on filling the gaps where there are market failures or to provide financing for highly risky projects;
Amendment 42 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the important role played by the EIB as the EU Bank, which is the only International Financial Institution that is entirely owned by EU Member States, guided fully by EU policies and standards;
Amendment 44 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls for the strengthening of the EIB’s advisory activities and, together with the Commission, Member States and national official promotional financial institutions, to address systemic shortcomings that prevent certain regions or countries from taking full advantage of the EIB’s financial activities;
Amendment 48 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Underlines the crucial role played by the EIB’s lending in support of the EU’s external policy objectives via instruments such as its External Lending Mandate; further welcomes the EIB’s management of the ACP Investment Facility which provides innovative financing instruments including equity, local currency risk-sharing and impact finance in ACP countries, based on the Cotonou agreement; believes that the EIB should to continue to play a leading role in setting-up future EU financing mechanisms to third countries, while ensuring that it is the interests of local entrepreneurs wishing to establish local, often micro and small, enterprises with the aim of contributing first and foremost to the local economy which are prioritised in EIB lending decisions;
Amendment 52 #
2018/2161(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the progress made by the EIB in contributing to preventing tax fraud, tax evasion, tax avoidance, aggressive tax planning, money laundering and the financing of terrorism through the full application of EU policies and standards, for example the EU list of non-cooperative jurisdictions for tax purposes; underlines the absolute necessity for the EIB to remain constantly vigilant and to adapt its actions to the permanently evolving reality concerning those practices;
Amendment 122 #
2018/2161(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognisecalls theo intensifiedy the cooperation of the EIB Group with national promotional banks and institutions (NPBIs) and calls on the EIB to continue strengthening its work with NPBIs in order to ensure outreach and further develop advisory activities and technical assistance to support a geographical balance in the long termgrowth where it is needed;
Amendment 125 #
2018/2161(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. calls on the EIB to include in its assessment of the projects to be funded the conclusions coming from the Country Specific Recommendations (CSR) and the Macro-Economic Imbalances Procedure (MIP); recalls that the economic governance framework allows some vulnerabilities to be detected and it would therefore be logical for the EIB to favourably consider the projects that allow those vulnerabilities to be addressed;
Amendment 132 #
2018/2161(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. is of the opinion that more funds should be allocated by the EIB to strenghten the administrative capacity of the Member States, the more efficient an administration is the better it is both for the citizens and for the economy;
Amendment 156 #
2018/2161(INI)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Amendment 160 #
2018/2161(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. calls on the EIB to step up its efforts in terms of communication; believes it is key to engage with EU citizens in order to better explain the aim of its policies; believes in this respect that a reflexion should be initiated regarding the possibility to offer options for more direct subscription by EU citizens to strenghten the funding capacities of the EIB as a way, inter alia, to concretely illustrate the contribution of the EU to the daily lives of its citizens;
Amendment 163 #
2018/2161(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. recalls that the EIB group’s transparency policy is based on a presumption of disclosure and that everyone can access EIB group documents and information; calls on the EIB group to continue efforts to improve and increase its transparency practices, in line with recently undertaken improvements such as the publication of the minutes of its Board of Directors' meetings and the publication of the Scoreboard of indicators for projects supported by the EFSI guarantee; stresses, however, the importance of properly taking into account the EIB’s role as a financial institution that works with the private sector and which requires the strict protection of commercially sensitive information, in line with the respective EU legal framework;
Amendment 8 #
2018/2121(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the European Parliament resolution of 29 November 2018 on the 'cum-ex' scandal: financial crime and loopholes in the current legal framework,
Amendment 25 #
2018/2121(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to the report by the High Level Panel on Illicit Financial Flows from Africa, jointly commissioned by the AU/ECA Conference of Ministers of Finance, Planning and Economic Development,
Amendment 52 #
2018/2121(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the analysis of the reports from these previous Special Committees and calls for the implementation of the recommendations outlined1a; _________________ 1a http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2015- 0408+0+DOC+XML+V0//EN uage=EN, http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2016- 0310+0+DOC+XML+V0//EN uage=EN, http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2017- 0491+0+DOC+XML+V0//EN uage=EN
Amendment 64 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines however that much remains to be done in this field and urgent further action is required by the Commission and the Council in order to ensure that the required amount of tax contributions are paid to public budgets, as expected by the Europe’s citizens;
Amendment 68 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Considers that efforts need to be made by all EU institutions, including by this Parliament, as well as Member States to explain to citizens the work done in the field of taxation and actions taken to remedy existing problems and loopholes;
Amendment 69 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Considers that open and transparent tax competition where Member States and regions compete in offering better conditions for doing business can contribute to stimulating entrepreneurship, for the benefit of both citizens and companies; stresses however that tax competition that deprives Member States of appropriate generating revenues is not fair; considers that in order to end unfair tax competition developed by some Member States, the EU needs to adopt a broad strategy whereby the EU supports, with relevant policies, those Member States to move from their current detrimental tax systems to a tax system compatible with the EU legal framework and the spirit of the EU treaties;
Amendment 71 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Supports the use of digital tools; is aware however that the use of smart technologies is giving rise to new types of digital tax fraud such as fraudulent e- filings of tax returns across territories, use of software programs to automatically skim cash from electronic cash registers or point of sale systems (“zapping”) or the growing usage of third-party payroll processors enabling fraudsters to channel off legitimate taxes; calls therefore on the EU institutions and Member States to adopt a comprehensive, transformative and dynamic strategy with a long-term vision, roadmap and multifaceted solutions involving people, processes and technology;
Amendment 82 #
2018/2121(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 87 #
2018/2121(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Council and Member States to prioritise projects, notably with the support of the Fiscalis programme, aimed at quantifying the magnitude of tax avoidance in order to better address the current tax gap; stresses that the European Parliament has adopted1a an increase of the Fiscalis programme (EUR 300 million (2018 prices) or 339 million (current prices) as well as the ECON committee; _________________ 1a in the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement and the REPORT of 4 December 2018 on the proposal for a regulation of the European Parliament and of the Council establishing the ‘Fiscalis’ programme for cooperation in the field of taxation
Amendment 97 #
2018/2121(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the fight against tax evasion and fraud tackles illegal acts, whereas the fight against tax avoidance addresses situations that are a priori within the limits of the law but against its spirit; calls therefore on simplification of the tax framework as soon as possible thereby avoiding debates about morality versus legality;
Amendment 114 #
2018/2121(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 121 #
2018/2121(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the similarity between corporate tax payers and high-net-worth individuals in the use of corporate structures and similar structures such as trusts and offshore locations for the purpose of ATP; recalls the role of intermediaries in setting up such schemes; recalls the obligation of intermediaries under DAC6 to report structural loopholes in tax legislation to tax authorities, without having to reveal the identities of any potential clients taking advantage of these loopholes at the time; requests that intermediaries that are convicted for participation in and knowledge of fraudulent behaviour of clients are to have their licenses revoked and be banned from practising their occupation henceforth;
Amendment 131 #
2018/2121(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission and the Council to propose and adopt a comprehensive definition of aggressive tax planning indicators, building on both the hallmarks identified in the fifth review of the Directive on administrative cooperation (DAC6)1a and the Commission’s relevant studies and recommendations2a; calls on Member States to use those indicators as a basis to repeal all harmful tax practices deriving from existing tax loopholes; _________________ 1a Council Directive (EU) 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements, OJ L 139, 5.6.2018, p. 1. 2a https://ec.europa.eu/taxation_customs/site s/taxation/files/resources/documents/taxat ion/gen_info/economic_analysis/tax_pape rs/taxation_paper_61.pdf and https://ec.europa.eu/taxation_customs/site s/taxation/files/tax_policies_survey_2017. pdf
Amendment 189 #
2018/2121(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 197 #
2018/2121(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the G20/OECD 15-point BEPS action plan, intended to tackle in a coordinated manner the causes and circumstances creating BEPS practices, is being implemented and monitored and further discussions are taking place, in a broader context than just the initial participating countries, through the Inclusive Framework; calls on Member States to support a reform of both the mandate and the functioning of the Inclusive Framework to ensure that remaining tax loopholes and unsolved tax questions such as the allocation of taxing rights among countries are covered by the current international framework to combat BEPS practices;
Amendment 200 #
2018/2121(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. calls on the EU to work on reforming the OECD in order to equip it with enforcement powers so as to avoid a situation where OECD standards are only implemented by very few members, usually the EU; considers that contributing to work at the OECD level does not exclude or prevent work also being undertaken at the European level;
Amendment 207 #
2018/2121(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the adoption by the EU of ATAD I and ATAD II;1a; _________________ 1a takes note that they provide a minimum level of protection against corporate tax avoidance throughout the EU, while ensuring a fairer and more stable environment for businesses, from both demand and supply perspectives; welcomes the provisions on hybrid mismatches to prevent double non- taxation in order to eliminate existing mismatches and refrain from creating further mismatches, between Member States and with third countries;
Amendment 216 #
2018/2121(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the provisions on Controlled Foreign Corporation (CFC) included in ATAD I to ensure that profits made by related companies parked in low or no-tax countries are effectively taxed; acknowledges that theys called for repeatedly by Parliament, these provisions prevent the absence or diversity of national CFC rules within the Union from distorting the functioning of the internal market beyond situations of wholly artificial arrangements as called for repeatedly by Parliament; deplores the coexistence of two approaches to implement CFC rules in ATAD I and calls on Member States to implement only the simpler and most efficient CFC rules as in ATAD I Article 7(2)(a);
Amendment 223 #
2018/2121(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 230 #
2018/2121(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 240 #
2018/2121(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Reiterates its call for a clear definition of permanent establishment so that companies cannot artificially avoid having a taxable presence in a Member State in which they have economic activity;
Amendment 241 #
2018/2121(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls for the finalisation of the work being done within the EU Joint Transfer Pricing Forum (JTPF) on the development of good practices and monitoring of Member States’ implementation by the Commission;
Amendment 242 #
2018/2121(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises that the new flow of information to tax authorities following the adoption of ATAD I and DAC4 creates the need for adequate resources to ensure the most efficient use of such information and to effectively reduce the current tax gapImplores Member States to provide their tax authorities with the necessary resources to ensure the most efficient use of such information and to effectively reduce the current tax gap, given the new flow of information to tax authorities following the adoption of ATAD I and DAC4; considers that sufficient budgetary resources should also be provided at the EU level;
Amendment 255 #
2018/2121(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact thatinclusion of Member States’ tax systems and overall tax environment have become part ofwithin the European Semester in line with Parliament’s call to that effect29 ; welcomes the studies and data drawn up by the Commission30 that allow situations that provide economic ATP indicators to be better addressed, and give a clear indication of the exposure to tax planning as well as furnishing a rich data base for all Member States on the phenomenon; _________________ 29 European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect, OJ C 366, 27.10.2017, p. 51, paragraph 96. 30 Referred to above. The studies provide an overview of Member States’ exposure to ATP structures affecting their tax base (erosion or increase), although there is no stand-alone indicator of the phenomenon, a set of indicators seen as a ‘body of evidence’ nevertheless exists.
Amendment 259 #
2018/2121(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the CoC Group to report yearly on the main arrangements reported in Member States to allow decision makers to keep up with the new tax schemes which are being elaborated and to take the necessary countermeasures that might potentially be needif required;
Amendment 265 #
2018/2121(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to issue a proposal aimed at repealing patent boxes, and calls on Member States to favour non- harmful and, if appropriate, direct support for R&D; reiterates, in the meantime, its call to ensure that current patent boxes establish a genuine link to economic activity, such as expenditure tests, and that they do not distort competition; welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal;
Amendment 281 #
2018/2121(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the re-launch of the CCCTB project in a two-step approach, with the Commission’s adoption of interconnected proposals on CCTB and CCCTB; calls on the Council to swiftly adopt them, taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
Amendment 292 #
2018/2121(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Calls on the Council to swiftly adopt them, taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
Amendment 294 #
2018/2121(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal;
Amendment 305 #
2018/2121(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. NoteHighlights that the phenomenon of digitalisation has created a new situation in the market, whereby digital and digitalised companies are able to take advantage of local markets without having a physical, and therefore taxable, presence in that market, creating a non-level playing field and putting traditional companies at a disadvantage; notes that digital businesses models in the EU face a lower effective average tax burden than traditional business models31 ; _________________ 31 As evidenced in the impact assessment of 21 March 2018 accompanying the digital tax package (SWD(2018)0081), according to which on average, digitalised businesses face an effective tax rate of only 9.5 %, compared to 23.2 % for traditional business models.
Amendment 331 #
2018/2121(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. UnderstandBelieves that the so-called interim solution is not optimal; believes that it will help speed up the search for a better solution atmuch needed, given the speed and scope of digital development, as it will provide an important contribution to the comprehensive global level solution, while levelling the playing field in local markets to some extent;
Amendment 342 #
2018/2121(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses that since June 2014 the DAC has been amended fourive times;
Amendment 353 #
2018/2121(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that not only information exchanges between, but also the sharing of best practices among tax authorities contribute to more efficient tax collection; calls on Member States to give priority to the sharing of best practices among tax authmake this a prioritiesy;
Amendment 357 #
2018/2121(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Commission to swiftly assess the implementation of DAC4 and whether national tax administrations effectively access country-by-country information held by another Member State; similarly, asks the Commission to assess how DAC4 relates to Action 13 of the G20/BEPS action plan on exchange of country-by- country information;
Amendment 365 #
2018/2121(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Notes that the form in which the information is provided between national tax authorities is key when such information coming from a Member States may be introduced as evidence in a judicial proceeding in another Member State; considers that the continuation of the progressive building-up of a common language and understanding in tax related matters is key for a more efficient EU framework as well as its enforcement; believes that it should encompass, inter alia, the type of information transmitted and its form, the automaticity of its transmission and the potential exemption to that principle, common IT tools;
Amendment 371 #
2018/2121(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Underlines that national authorities play a key role in the supervision of financial and fiscal activities in the Member States; considers therefore that it should be established whether national competent authorities have duly fulfilled their supervision tasks in the framework of the cum-ex scandal; asks the Commission to assess whether certain financial techniques used in the cum-ex scandal, such as short-selling might have a disruptive impact on the financial markets; stresses that, should their negative effect on financial markets be proven that they should be banned or at least limited; requests the European Securities and Markets Authority and the European Banking Authority to conduct an inquiry into dividend arbitrage trading schemes such as cum-ex in order to assess potential threats to the integrity of financial markets and to national budgets; to establish the nature and magnitude of actors in these schemes; to assess whether there were breaches of either national or Union law; to assess the actions taken by financial supervisors in Member States; and to make appropriate recommendations for reform and for action to the competent authorities concerned;
Amendment 391 #
2018/2121(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Stresses that the proposal for public CBCR was submitted to the co- legislators just after the Panama papers scandal on 12 April 2016, and that Parliament adopted its position on it on 4 July 2017; recalls that the latter called for an enlargement of the scope of reporting and protection of commercially sensitive information; deplores the lack of progress and cooperation from the Council since 2016; urges for progress to be made in the CouncilDeplores the lack of progress and cooperation from the Council since 2016 concerning the public CBCR proposal; urges the Council to make urgent progress so that it can enters into negotiations with Parliament as soon as possible;
Amendment 418 #
2018/2121(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Recognises the Commission’s success in enforcing competition rules in the areas of antitrust, cartels, mergers and state aid; recognizes the Commission’s contribution towards promoting international cooperation in competition issues and contribution to the principle of tax fairness;
Amendment 423 #
2018/2121(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Notes that despite the fact that the Commission found McDonald’s benefited from double non-taxation on certainsome of its profits in the EU, during its investigations into the tax ruling practices of Member States, no decision under EU State Aid rules could be issued, as the Commission concluded that the double non-taxation stemmed from a mismatch between Luxembourg and US tax laws and the Luxembourg-United States double taxation treaty38 ; calls on Luxembourg to investigate this matter and to revise its double taxation treaties to conform with international tax law; _________________ 38 http://europa.eu/rapid/press-release_IP- 18-5831_en.htm
Amendment 430 #
2018/2121(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Is gravely concerned by the magnitude of tax unpaid for all Member States over long periods39 ; recalls that the aim of the recovery of unlawful aid is to restore the position to the status quo, and that calculating the exact amount of aid to be repaid is part of the implementation obligation incumbent on the national authorities; calls on the Commission to assess and establish possible countermeasures, including fines, to prevent Member States from offering selective favourable tax treatment which constitutes State aid is non- compliant with EU rules; _________________ 39 As in the case of decision of 30 August 2016 (SA.38373) on State aid implemented by Ireland to Apple. The tax rulings in question were issued by Ireland on 29 January 1991 and 23 May 2007.
Amendment 434 #
2018/2121(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Reiterates its calls for clear guidelines clarifying what constitutes tax- related State aid and ‘appropriate’ transfer pricing, with a view to removinge legal uncertainties for both compliant taxpayers and tax administrations, and providing ae a clear and comprehensive framework for Member States’ tax practices accordingly;
Amendment 442 #
2018/2121(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51a. Points out that national measures to specifically ban commercial relationships with letterbox companies exist, for example in Latvia1a; _________________ 1a Latvian legislation defines a letterbox company as an entity having no actual economic activity and holding no documentary proof to the contrary, as being registered in a jurisdiction where companies are not required to submit financial statements, and/or as having no place of business in its country of residence;
Amendment 443 #
2018/2121(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
Amendment 449 #
2018/2121(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
Amendment 483 #
2018/2121(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57a. Notes that there is no yet a single definition of letterbox companies; calls therefore for a single European definition of letterbox companies;
Amendment 508 #
2018/2121(INI)
62. Calls for additional statistics to estimate the VAT gap; and stresses that there is noe need for a common approach to data collection and sharing within the EU;
Amendment 514 #
2018/2121(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64a. Is of the opinion that the participation of all Member States in Eurofisc shall be mandatory and conditional for receiving EU funds; echoes the preoccupation of the European Court of Auditors on VAT reimbursement in Cohesion spending1a and on the EU Anti-Fraud Programme1b; _________________ 1a ECA, Rapid case review, VAT reimbursement in Cohesion - an error- prone and, sub-optimal use of EU funds, November 2018 1b ECA Opinion No 9/2018 concerning the proposal for a Regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme.
Amendment 524 #
2018/2121(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Welcomes the definitive VAT system proposals adopted on 4 October 201745 and 24 May 201846 ; welcomes in particular the Commission’s proposal to apply the destination principle to taxation, which means that VAT would be paid in the country of the customer; notes however that tax authorities in the Member States of consumption's reactions will be slower and their means of action more limited, given that most of the relevant data and auditing powers will be in the hands of the Member State of identification; calls therefore on the Commission to set up a compensation mechanism in order to safeguard Member States’ VAT revenues and incentivise Member States of identification to act; _________________ 45 COM(2017)0569, COM(2017)0568 and COM(2017)0567. 46 COM/2018/329.
Amendment 532 #
2018/2121(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Welcomes, furthermore, the revision of the special schemes for SMEs51 which is key to ensuring a level playing field, and can contribute to the reduction of VAT compliance costs; calls on the Council to take Parliament’s opinion of 11 September 201852 into account, particularly when it comes to further administrative simplification for SMEs; calls, therefore, on the Commission to set up an online portal through which SMEs willing to avail themselves of the exemption in another Member State are required to register, and to put in place a one-stop shop through which small enterprises can file VAT returns for the different Member States in which they operate; _________________ 51 Proposal for a Council Directive amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises (COM(2018)0021). 52 European Parliament legislative resolution of 11 September 2018 on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards the special scheme for small enterprises, Texts adopted, P8_TA(2018)0319.
Amendment 536 #
2018/2121(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Welcomes the spirit of the proposed implementing rules adopted December 11 by the European Commission according to which, notably, from 2021, large online marketplaces will have the responsibility to ensure that VAT is collected on sales of goods by non-EU companies to EU consumers taking place on their platforms; marks its willingness to work as swiftly as possible in the consultation process;
Amendment 554 #
2018/2121(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Welcomes the Commission proposal to reform OLAF; calls for account to be taken of the opinion delivered on 28 November 2018 in which the Court of Auditors recommends that OLAF investigations should be reviewed by the Court of Justice in order to ascertain that procedural safeguards are being observed; calls for more thoroughgoing reform to enhance of effectiveness of OLAF investigations, proceeding on the basis of a study summarising the problems encountered by OLAF (operating deadlines, recovery of funds, etc.);
Amendment 561 #
2018/2121(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Calls on the Commission to ensure the EPPO tocan begin operating as soon as possible and by 2022 at the latest; calls for exemplary sanctions to be pronounced; considers that anyone engaged in an organised VAT fraud scheme should be severely sanctioned in order to avoid a perception of impunity;
Amendment 566 #
2018/2121(INI)
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77a. Recalls that VAT competences lie in the hand of both the EU institutions and the Member States; considers that a comprehensive strategy of modernising the operational VAT framework is needed; calls on all relevant authorities to use various statistical and data-mining technologies to identify anomalies, suspicious relationships and patterns, enabling tax agencies to better address a wide spectrum of noncompliance behaviours in a proactive, targeted and cost-effective way; underlines that such digitalisation is a complement to professional experience in the field;
Amendment 573 #
2018/2121(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on the Commission to investigate seriously the possibility of new fraud risks in the definitive VAT system, notably the potentially missing supplier in cross-border transactions supplanting the missing customer type of carousel fraud; stresses in this regard that the custom transit system can certainly facilitate trade within the EU however, abuses are possible and criminal organisations, by avoiding the payment of taxes and duties, may cause a huge loss both to Member States (mainly through avoiding VAT and excises) and the EU (avoiding VAT); calls therefore on the Commission to monitor the custom transit system and come with proposals building on recommendations notably by OLAF, Europol and Eurofisc;
Amendment 578 #
2018/2121(INI)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80a. Believes that a large majority of European citizens expect clear European and national legislation that enables those who do not pay the tax which they are due to pay to be identified, sanctioned and for the missing tax to be recuperated in a timely manner;
Amendment 612 #
2018/2121(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Observes that a majority of Member States have adopted citizenship by investment (CBI) or residency by investment (RBI) schemes57 , generally known as golden visa or investor programmes, by which citizenship or residence is granted to non-EU citizens in exchange for financial investment; observes that these programmes of state- facilitated corruption do not necessarily require applicants to spend time on the territory in which the investment is made57a; acknowledges, however, that there is a difference between those schemes run on a large commercial scale and those contributing to legitimate and legal value creation; _________________ 57 18 Member States have some form of RBI scheme in place, including four Member States that operate CBI schemes in addition to RBI schemes: Bulgaria, Cyprus, Malta, Romania. 10 Member States have no such schemes: Austria, Belgium, Denmark, Finland, Germany, Hungary, Poland, Slovakia, Slovenia and Sweden. At least 5000 non-EU citizens have obtained EU citizenship through citizenship by investment schemes. Source: study entitled ‘Citizenship by investment (CBI) and residency by investment (RBI) schemes in the EU‘, EPRS, October 2018, PE: 627.128; ISBN: 978-92-846-3375-3. 57a In the OECD’s view, the visa schemes which are potentially high-risk for the integrity of the CRS are those that give a taxpayer access to a low personal income tax rate of less than 10 % on offshore financial assets, and do not require a significant physical presence of at least 90 days in the jurisdiction offering the golden visa scheme; is concerned that Malta and Cyprus have schemes among those that potentially pose a high risk to the integrity of CRS
Amendment 618 #
2018/2121(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
Amendment 650 #
2018/2121(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Is concerned that according to the OECD, CBI and RBI schemes could be misused to undermine the common reporting standard (CRS) due diligence procedures, leading to inaccurate or incomplete reporting under the CRS, in particular when not all jurisdictions of tax residence are disclosed to the financial institution; notes that in the OECD’s view, the visa schemes which are potentially high-risk for the integrity of the CRS are those that give a taxpayer access to a low personal income tax rate of less than 10 % on offshore financial assets, and do not require a significant physical presence of at least 90 days in the jurisdiction offering the golden visa scheme; is concerned that Malta and Cyprus have schemes59 among those that potentially pose a high risk to the integrity of CRS; _________________ 59 The Cypriot Citizenship by Investment: Scheme for Naturalisation of Investors by Exception, the Cypriot Residence by Investment, the Maltese Individual Investor Programme, and the Maltese Residence and Visa programme.
Amendment 668 #
2018/2121(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Calls on Member States to prevent conflicts of interest linked to CBI and RBI schemes, which might arise when private firms which assisted the government in the design, management and promotion of these schemes, also advised and supported individuals by screening them for suitability and filing their applications for citizenship or residence; emphasizes that customer due diligence (CDD) cannot be outsourced to these private companies since it must be assumed that a conflict of interest prevents them from choosing eligible over solvent candidates;
Amendment 701 #
2018/2121(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Calls on the Commission to table a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including tax and customs authorities, on beneficial ownership and transactions taking place in free ports, customs warehouses or SEZs, and to include a traceability obligation;
Amendment 729 #
2018/2121(INI)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Stresses that money laundering can assume various forms, and that the money laundered can have its origin in various illicit activities ranging from terrorism to tax evasion and fraud; notes with concern that the proceeds from criminal activity in the EU are estimated to amount to EUR 110 billion per year64 , corresponding to 1 % of the Union’s total GDP; highlights that the Commission estimates that in some Member States up to 70 % of money laundering cases have a cross-border dimension65 ; further notes that the scale of money laundering is estimated by the UN66 to be the equivalent of between 2 to 5 % of global GDP, or around EUR 715 billion and 1.87 trillion a year; whereas a more coordinated approach to tackling financing of terrorism, which includes closer collaboration between private and public-sector authorities in the area of information sharing, would help improve these figures; _________________ 64 From illegal markets to legitimate businesses: the portfolio of organised crime in Europe, Final report of Project OCP – Organised Crime Portfolio, March 2015. 65 http://www.europarl.europa.eu/news/en/pre ss-room/20171211IPR90024/new-eu-wide- penalties-for-money-laundering; Commission proposal of 21 December 2016 for a directive of the European Parliament and of the Council on countering money laundering by criminal law (COM(2016)0826. 66 UNODC - https://www.unodc.org/unodc/en/money- laundering/globalization.html
Amendment 743 #
2018/2121(INI)
Motion for a resolution
Paragraph 109
Paragraph 109
109. Deplores the fact that a large number of Member States have failed to fully or partially transpose AMLD4 into their domestic legislation within the set deadline, and that for this reason, infringement procedures have had to be opened by the Commission against them, including referrals before the Court of Justice of the European Union67 ; calls on these Member States to swiftly remedy this situation; remindurges Member States ofto fulfil their legal obligation to respect the deadline of 10 January 2020 for the transposition of AMLD5 into their domestic legislation; _________________ 67 On 19 July 2018, the Commission referred Greece and Romania to the Court of Justice of the European Union for failing to transpose the fourth Anti-Money Laundering Directive into their national law. Ireland had transposed only a very limited part of the rules and was also referred to the Court of Justice.
Amendment 745 #
2018/2121(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Recalls the crucial importance of CDD as part of the know-your-customer (KYC) obligation which consists of obliged entities having to properly identify their customers and the source of their funds as well as the ultimate beneficial owners of the assets, including the immobilisation of anonymous accounts; calls on the private sector to take an active role and to be at the front line of defence in combatting financing of terrorism and prevention of terrorist activity, where possible;
Amendment 757 #
2018/2121(INI)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Recalls that KYC and CDD continues throughout the business relationship, and that customers’ ’transactions have to be monitored for suspicious or unusual activities; recalls, in this context, the obligation for obliged entities to promptly inform national FIUs, on their own initiative, of transactions suspected of ML, associate predicate offences or terrorist financing; calls on public and private stakeholders to develop closer working relationships and to exchange best practices in how to combat financing of terrorism and how to mitigate against future incidences of ML inside the EU;
Amendment 795 #
2018/2121(INI)
Motion for a resolution
Paragraph 117 a (new)
Paragraph 117 a (new)
117 a. Believes that any AML institutional set-up needs to be crystal clear on the distribution of responsibilities between the EU and national levels and accompanied by the corresponding accountability requirements; considers that granting AML powers to an EU agency can only be done if appropriate human and financial means are allocated to it;
Amendment 801 #
2018/2121(INI)
Motion for a resolution
Paragraph 119
Paragraph 119
Amendment 807 #
2018/2121(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Recalls that pursuant to AMLD5, the carrying out of AML/CFT investigations should be held at centralised automated mechanisms for banks and payment accounts such as registers and data retrieval systems, as to guarantee the highest levels of data protection and privacy standards;
Amendment 811 #
2018/2121(INI)
Motion for a resolution
Paragraph 122 a (new)
Paragraph 122 a (new)
122 a. Calls for increased scrutiny and continuous supervision of the members of management boards and shareholders of credit institutions, investment firms and insurers in the EU, and stresses in particular the difficulty of revoking banking licences or equivalent specific authorisations;
Amendment 813 #
2018/2121(INI)
Motion for a resolution
Paragraph 123
Paragraph 123
123. Recalls that the ECB has the competence and responsibility for withdrawing authorisation from credit institutions for serious breaches of AML/CFT rules; considers, therefore, that it is essential to guarantee its independence and give it the competences within the framework of the Single Supervisory Mechanism (SSM) to guarantee its functions in AML/ CFT matters, ensuring that the competent authorities exchange confidential information with it.
Amendment 816 #
2018/2121(INI)
Motion for a resolution
Paragraph 124
Paragraph 124
124. Stresses that ESAs, and in particular the EBA, must urgently should be provided with sufficient resource capacity to carry out their oversight functions and improve AML supervision in order to respond to the expectations of Europe’s tax payers; points out that according to the PANA report the EBA has only 0.8 of an employee in charge of this issue;
Amendment 819 #
2018/2121(INI)
Motion for a resolution
Paragraph 124 a (new)
Paragraph 124 a (new)
124a. calls for greater publicity for the peer reviews conducted by AML supervisors within the European Banking Authority framework, and for information to be provided systematically to Parliament and the Council, particularly in the event of a serious deficiency;
Amendment 836 #
2018/2121(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Calls on Member States to establish information sharing arrangements between public authorities, law enforcement and specific private sector stakeholders, such as data providers and credit institutions, who hold relevant financial information relating to financing of terrorism;
Amendment 840 #
2018/2121(INI)
Motion for a resolution
Paragraph 127
Paragraph 127
127. Highlights that in order to fight effectively against money laundering activities, cooperation is essential not only between Member States’ FIUs but also between Member States’ FIUs and the FIUs of third countries; calls on the Commission to engage actively with Member States to find mechanisms to improve and enhance the cooperation of Member States’ FIUs with the FIUs of third countries; notes that the Egmont Group, which brings together 159 FIUs, aims to strengthen their operational cooperation by encouraging the continuation and implementation of numerous projects; calls on the Commission to produce its assessment, as provided for under the revised Anti- Money Laundering Directive (Article 65(2)), of the framework for FIUs’ cooperation with third countries and obstacles to cooperation between FIUs in the Union, and the opportunities for improving it; calls on the Commission to take opportune action in this regard at the relevant international forums, such as the OECD and the Financial Action Task Force (FATF); considers that in any resulting agreement proper consideration should be given to the protection of personal data;
Amendment 851 #
2018/2121(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Points out that the non- standardisation of suspicious transaction report formats among Member States and with respect to the different obliged entities leads to difficulties in the processing and exchange of information between FIUs; calls on the Commission to explore mechanisms to set upset up an EU benchmarking system as a tool to standardised the reporting formats for obliged entities in order to facilitate theand enhance the processing and exchangeing of information between FIUs in cases with a cross-border dimension;
Amendment 855 #
2018/2121(INI)
Motion for a resolution
Paragraph 129
Paragraph 129
129. Encourages the competent authorities and FIUs to engage with financial institutions and other obliged entities to enhance suspicious activity reporting, ensuring that FIUs receive more useful, focused and complete information to properly perform their duties, while at the same time ensuring compliance with the General Data Protection Regulationch could include better information exchange between both the private and public sector, while at the same time ensuring compliance with the General Data Protection Regulation; calls on the European Data Protect Board(EDPB) to provide further clarification to market operators processing personal data as part of their due diligence obligations so as to enable them to comply with the EU’s General Data Protection Regulation (GDPR);
Amendment 871 #
2018/2121(INI)
Motion for a resolution
Paragraph 131 a (new)
Paragraph 131 a (new)
131 a. Calls for the harmonisation of CDD at EU level, in particular, enhanced checks and systematic reporting shall be carried by obliged entities when performing CDD relating to business relationships or transactions involving countries identified by the EU Commission as ‘high-risk third countries’; calls for provisions to be made for penalties in the event of negligence or conflict of interests in cases of outsourcing;
Amendment 872 #
2018/2121(INI)
131a. Reiterates its call for an assessment by the Commission of the consequences of money laundering and tax crimes involving e-gaming activities; considers such an assessment to be a priority;
Amendment 879 #
2018/2121(INI)
Motion for a resolution
Paragraph 133
Paragraph 133
133. Notes that the Union’s AML legislation obliges Member States to establish central registers containing complete beneficial ownership data for companies and trusts, and that it also provides for their interconnection; welcomes the fact that AMLD5 obliges Member States to ensure that the information on beneficial ownership is accessible in all cases to any member of the general public except where, exceptionally, such information would expose the beneficial owner to a disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation; stresses that the interconnection of registers should be ensured by the Commission; considers that the Commission should closely monitor the functioning of this interconnected system and assess within a reasonable time whether it is working properly and whether it should be supplemented by the establishment of an EU public register of beneficial ownership;
Amendment 899 #
2018/2121(INI)
Motion for a resolution
Paragraph 138
Paragraph 138
138. Underlines the positive potential of new distributed ledger technologies, such as blockchain technology; notes at the same time the increasing abuse of new payment and transfer methods based on these technologies to launder criminal proceeds or to commit other financial crimes; acknowledges the need to monitor technological developments to ensure that legislation addresses in an effective manner the abuse of new technologies and anonymity, which facilitates criminal activity; calls for close cooperation with Europol and Interpol;
Amendment 901 #
2018/2121(INI)
Motion for a resolution
Paragraph 138 a (new)
Paragraph 138 a (new)
138 a. Calls on the Commission to closely monitor technological developments, assess technological risks and potential loopholes, support resilience to a cyberattack or a system breakdown, and promote data protection projects; encourages competent authorities and the Commission to develop stress testing for distributed ledger technologies applications;
Amendment 909 #
2018/2121(INI)
Motion for a resolution
Paragraph 139
Paragraph 139
139. Stresses that the FATF has recently highlighted the urgent need for all countries to take coordinated action to prevent the use of virtual assetcurrencies for crime and terrorism, urging all jurisdictions to take legal and practical steps to prevent the misuse of virtual assets73; reiterates its call for an urgent assessment by the Commission of the implications for money laundering and tax crimes involving e- gaming activitiecalls on the Commission to swiftly incorporate into a legislative proposal the recent changes in the FATF standards to regulate these virtual assets; _________________ 73 FATF, Regulation of virtual assets, 19 October 2018, http://www.fatf- gafi.org/publications/fatfrecommendations/ documents/regulation-virtual-assets.html
Amendment 910 #
2018/2121(INI)
Motion for a resolution
Paragraph 139
Paragraph 139
139. Stresses that the FATF has recently highlighted the urgent need for all countries to take coordinated action to prevent the use of virtual assetcurrencies for crime and terrorism, urging all jurisdictions to take legal and practical steps to prevent the misuse of virtual assets73currencies1a ; reiterates its call for an urgent assessment by the Commission of the implications for money laundering and tax crimes involving e- gaming activities; _________________ 73 FATF, Regulation of virtual assets, 19 October 2018http://www.fatf- gafi.org/publications/fatfrecommendations/ documents/regulation-virtual-assets.html
Amendment 918 #
2018/2121(INI)
Motion for a resolution
Paragraph 140
Paragraph 140
140. Takes note of the expert-level work on electronic identification and remote KYC processes, which explores issues such as the possibility of financial institutions using electronic identification (e-ID) and of KYC portability to identify customers digitally, and calls for this work to be presented swiftly;
Amendment 921 #
2018/2121(INI)
Motion for a resolution
Paragraph 140 a (new)
Paragraph 140 a (new)
140 a. Notes that virtual currencies are used by retail investors as substitutes for other assets and that, unlike other financial instruments, virtual currencies are largely unregulated at present;
Amendment 922 #
2018/2121(INI)
Motion for a resolution
Paragraph 141
Paragraph 141
141. Recalls that EU AML legislation requires Member States to lay down sanctions for breaches of anti-money laundering rules; stresses that these sanctions must be effective, proportionate and dissuasive;Stresses that sanctions for breaching anti-money laundering rules must be effective, proportionate and dissuasive, as required in EU AML legislation; said sanctions should be applied to, inter alia, companies that unjustifiably use non-cooperative jurisdictions for money laundering and tax evasion, intermediaries who resort to such jurisdictions and taxpayers (individuals or legal entities)who, to avoid or evade the payment of taxes in any Member State, carry out activities without economic substance in said jurisdictions
Amendment 929 #
2018/2121(INI)
Motion for a resolution
Paragraph 141 a (new)
Paragraph 141 a (new)
141 a. Asks the EBA to monitor national investigations and the corresponding sanctions, and to submit an annual report to the European Commission.
Amendment 930 #
2018/2121(INI)
Motion for a resolution
Paragraph 143 a (new)
Paragraph 143 a (new)
143 a. Regrets that, concerning third countries, sanctions are not always applied or sufficiently deterrent in relevant cases; deplores the fact, in this context, that Member States, in spite of the recommendations put forward by the PANA committee, continue to oppose the imposition by the EU of sanctions on third countries whose tax systems are regarded as damaging to the Union; considers that, concerning the European Union, the Commission shall forward, every two years, to the European Parliament and the Council a report on national practices as regards the imposition of administrative and criminal penalties on legal and natural persons found guilty of fraud and financial crimes with a view to analyse whether different national regimes lead to regulatory arbitrage, whether they have a deterrent effect and are appropriate, taking into account the nature of the infractions and the good faith or not of the taxpayer; the Commission should accompany this report with proposals where relevant;
Amendment 940 #
2018/2121(INI)
Motion for a resolution
Paragraph 146
Paragraph 146
146. Calls on the Commission and the Member States to ensure that the EU speaks with onea coordinated voice at the FATF; stresses, however, that coordinating the European position does not mean masking the shortcomings identified in the FATF mutual evaluation reports of certain Member States; calls on the Commission to include European Parliament staff as observers in the Commission delegation to the FATF;
Amendment 956 #
Amendment 961 #
2018/2121(INI)
Motion for a resolution
Paragraph 150
Paragraph 150
150. Recalls the importance of a common EU list of non-cooperative jurisdictions for tax purposes (hereinafter ‘EU list’) based on comprehensive, transparent, robust, objectively verifiable and commonly accepted criteria that is regularly updated and includes tax havens inside and outside the EU;
Amendment 965 #
2018/2121(INI)
Motion for a resolution
Paragraph 151
Paragraph 151
151. Welcomes the adoption by the Council of the first EU list on 5 December 2017 and the ongoing monitoring of the commitments made by third countries; notes that the list has been updated several times on the basis of the assessment of those commitments; underlines that this assessment is based on criteria deriving from a technical scoreboard and that Parliament had no legal involvement in this process; criticises that this lack of transparency and democratic oversight delegitimizes the process; calls in this context on the Commission and the Council to inform Parliament in detail ahead of any proposed change to the list; considers that the current list is not exhaustive enough; calls on the Council to publish a regular progress report regarding black- and grey-listed jurisdictions as part of the regular update from the CoC Group to the Council;
Amendment 992 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 a (new)
Paragraph 154 a (new)
154 a. Calls in the specific case of non- cooperative tax jurisdictions inside the EU for measures, such as the suspension of budgetary commitments concerning Union funds, until the national tax legislation complies with regulatory standards (including automatic exchange of information and BEPS implementation);
Amendment 1023 #
2018/2121(INI)
Motion for a resolution
Paragraph 158
Paragraph 158
158. Reiterates its call for the EU to have a leading role in the global fight against tax evasion, aggressive tax planning and money laundering, in particular through Commission initiatives in all related international forums; calls on the EU and Member States to prepare themselves ex ante in order to express a concerted position in those fora;
Amendment 1029 #
2018/2121(INI)
Motion for a resolution
Paragraph 159
Paragraph 159
159. Recalls its position regardingBelieves that the creation of a global tax body within the UN framework, which should be well equipped and have sufficient resources to ensure thatonly makes sense if all countries can participate on an equal footing in the formulation and reform of global tax policies and which has sanctioning powers and does not function by unanimity voting ;
Amendment 1039 #
2018/2121(INI)
Motion for a resolution
Paragraph 160
Paragraph 160
160. Calls for a global summit on remaining necessary global tax reforms in order to enhance international cooperation and put pressure on all countries, in particular their offshore financial centres, to comply with transparency and fair taxation standards; calls for the Commission to take the initiative for such a summit and for the summit to allow for the establishment of the abovementioned global tax body;
Amendment 1046 #
2018/2121(INI)
Motion for a resolution
Paragraph 161
Paragraph 161
161. Believes that supporting developing countries in combating tax avoidance, tax evasion and aggressive tax planning, as well as corruption and secrecy that facilitate illicit financial flows, is of the utmost importance for strengthening policy coherence for development in the EU and improving developing countries’ tax capacities and domestic resource mobilisation; notes that each year tax avoidance accounts for more than the total figure for aid to developing countries; stresses that the least developed countries (LDCs) are not equipped with a suitable legal and fiscal framework, nor sufficient resources to be effective in combating illicit financial flows; notes that the latter are not, under these conditions, in a position to benefit fully from developments set up by the OECD;
Amendment 1051 #
2018/2121(INI)
Motion for a resolution
Paragraph 161 b (new)
Paragraph 161 b (new)
161b. Calls on the Union to support fully the fight against use of natural resources to finance conflicts; asks States party to abide by their commitments under the Kimberley Process Certification Scheme and the EU Regulation on Conflict Minerals, particularly regarding the establishment of efficient domestic controls over the production of, and trade in, natural resources and the measures accompanying the EU Regulation on responsible sourcing of minerals; calls for the adoption of mandatory worldwide rules;
Amendment 1052 #
2018/2121(INI)
Motion for a resolution
Paragraph 161 c (new)
Paragraph 161 c (new)
161c. Calls for support for the developing countries, and in particular the African countries within sub-regional economic unions or the African Union (AU), in standardising transfer pricing documentation across the African continent as the Joint Transfer Pricing Forum is doing;
Amendment 1054 #
2018/2121(INI)
Motion for a resolution
Paragraph 162 a (new)
Paragraph 162 a (new)
162 a. Acknowledges that tax havens also exist in developing countries and that their political leadership actively pursues such policies;
Amendment 1055 #
2018/2121(INI)
Motion for a resolution
Paragraph 163
Paragraph 163
163. Notes that closer work with sub- regional and regional organisations is needed, in particular with the African Union (AU) in order to combat illegal financial flows and corruption in the private and public sectors; highlights the importance of developing countries participating at global level in work being carried out in, for example, the G8, the G20 and the OECD; reiterates the need for a coherent and comprehensive framework summarising initiatives launched and carried out in the various international fora;
Amendment 1056 #
2018/2121(INI)
Motion for a resolution
Paragraph 163 a (new)
Paragraph 163 a (new)
163a. Welcomes the Commission's proposal to improve the traceability of all works of art more than 250 years old by equipping them with an identity card and creating a licencing system for imports to the EU; calls with reference to the fight against terrorism financing for these measures to come into force as soon as possible;
Amendment 1063 #
2018/2121(INI)
Motion for a resolution
Paragraph 165
Paragraph 165
165. Recalls that public development aid targeting poverty reduction should be directed to a greater extent towards the implementation of an appropriate regulatory framework and the bolstering of tax administrations and institutions responsible for fighting illicit financial flows; calls for this aid to be provided in the form of technical expertise in relation to resource management, financial information and anti-corruption rules; calls for this aid to also favour regional and sub- regional cooperation against tax fraud, tax evasion, aggressive tax planning and money laundering; stresses that this aid should include support to civil society and media in developing countries to ensure public scrutiny over domestic tax policies;
Amendment 1071 #
2018/2121(INI)
Motion for a resolution
Paragraph 167 a (new)
Paragraph 167 a (new)
167a. Points to the role of the ACP-EU Joint Parliamentary Assembly in the promotion of political dialogue, in particular as regards the exchange of best practices, good governance, including tax governance, and the fight against terrorism, money laundering, human trafficking and any other kind of trafficking;
Amendment 1075 #
2018/2121(INI)
Motion for a resolution
Paragraph 167 b (new)
Paragraph 167 b (new)
167b. Calls on the Commission to include provisions on the fight against tax avoidance, tax evasion and money laundering in the future agreement on the ACP-EU Partnership after the Cotonou Agreement expires in February 2020;
Amendment 1091 #
2018/2121(INI)
Motion for a resolution
Paragraph 170 a (new)
Paragraph 170 a (new)
170 a. Calls for the Union negotiators to include the issues of, inter alia, financial crimes, tax evasion, tax avoidance, aggressive tax planning and corporate taxation rates when negotiating the details of the future relationship between the EU and the United Kingdom;
Amendment 1123 #
2018/2121(INI)
Motion for a resolution
Paragraph 176
Paragraph 176
176. Notes that the Commission has opened an in-depth investigation of the application of the Madeira Free Zone regional aid scheme by Portugal1a; _________________ 1a An in-depth Commission investigation to examine whether Portugal has applied the Madeira Free Zone regional aid scheme in conformity with its 2007 and 2013 decisions approving it, namely by verifying whether tax exemptions granted by Portugal to companies established in the Madeira Free Zone are in line with the Commission decisions and EU State aid rules; highlights that the Commission is verifying whether Portugal complied with the requirements of the schemes, i.e. whether the company profits benefiting from the income tax reductions originated exclusively from activities carried out in Madeira and whether the beneficiary companies actually created and maintained jobs in Madeira;
Amendment 1134 #
2018/2121(INI)
Motion for a resolution
Paragraph 177
Paragraph 177
177. Welcomes the broad definition of both ‘intermediary’ and ‘reportable cross- border arrangement’ in the recently adopted DAC683 ; recalls the obligation of intermediaries under DAC6 to report structural loopholes in tax legislation to tax authorities, without having to reveal the identities of any potential clients taking advantage of these loopholes at the time; requests that intermediaries that are convicted for participation in and knowledge of fraudulent behaviour of clients are to have their licenses revoked and be banned from practising their occupation henceforth; _________________ 83 OJ L 139, 5.6.2018, p. 1.
Amendment 1160 #
2018/2121(INI)
Motion for a resolution
Subheading 179 b (new)
Subheading 179 b (new)
Recalls the revelations of investigative journalists, which have become known as the LuxLeaks, Panama papers, Paradise papers and CumEx scandals;
Amendment 1163 #
2018/2121(INI)
Motion for a resolution
Paragraph 180
Paragraph 180
180. Believes that the protection of whistle-blowers is of major importance to ensure that unlawful activities and abuse of law are prevented or do not prosper; according to fundamental right to freedom of expression and information; Recognises that whistle-blowers play a crucial role in the fight against corruption and other serious crimes or illegal activities and in the protection of the EU's financial interests; stresses that whistle- blowers are often a crucial source for investigative journalism and should therefore be protected against any form of harassment and retaliation; believes that it is necessary to protect the confidentiality of investigative journalism’s sources, including whistle- blowers, if the role of investigative journalism as a watchdog in democratic society is to be safeguarded;
Amendment 1168 #
2018/2121(INI)
Motion for a resolution
Paragraph 180 a (new)
Paragraph 180 a (new)
180 a. Welcomes the proposal for a Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.
Amendment 1176 #
2018/2121(INI)
Motion for a resolution
Paragraph 181 a (new)
Paragraph 181 a (new)
181 a. Highlights that the safeguarding of confidentiality and anonymity contributes to the creation of more effective channels for reporting fraud, corruption or other serious infringements.
Amendment 1216 #
2018/2121(INI)
Motion for a resolution
Paragraph 192
Paragraph 192
192. NotDeplores that, despite requests to the Council, no relevant documents have been made available to the TAX3 Committee; calls into question, therefore, the political will of the Council to enhance transparency and cooperationis greatly concerned about the lack of political will of the Member States in the Council to take substantial steps in the fight against money laundering, tax fraud, tax evasion and aggressive tax planning or to comply with the TEU and the principle of sincere cooperation by ensuring sufficient transparency and cooperation with the other EU institutions;
Amendment 1221 #
2018/2121(INI)
Motion for a resolution
Paragraph 192 a (new)
Paragraph 192 a (new)
192 a. Recalls that taxation is a national competence and that the European Parliament has very limited powers in these matters; points out that issues of tax fraud, tax evasion and aggressive tax planning cannot be effectively tackled without political will by Member States and the Council
Amendment 1232 #
2018/2121(INI)
Motion for a resolution
Paragraph 199 a (new)
Paragraph 199 a (new)
199 a. Calls for the creation of a new Union Tax Policy Coherence and Coordination Centre (TPCCC)within the structure of the Commission that can assess and monitor Member States’ tax policies at Union level and ensure that no new harmful tax measures are implemented by Member States; such a TPCCC should be able to monitor Member States’ compliance with the common Union list of uncooperative jurisdictions in addition to ensuring and fostering cooperation between national tax administrations 1a; _________________ 1a According to recommendations made by the TAXE2 and PANA Committees.
Amendment 1239 #
2018/2121(INI)
Motion for a resolution
Paragraph 201
Paragraph 201
201. Takes note of the persons whoStrongly regrets that the persons referred to in Annex XX refused to participate in TAX3 committee hearings as referred to in Annex XX;
Amendment 1241 #
2018/2121(INI)
Motion for a resolution
Paragraph 202
Paragraph 202
202. Calls on the Council and the Commission to agree on the establishment of a publicly accessible and regularly updated list of non-cooperative non- institutional parties in the interinstitutional agreement on a mandatory transparency register for lobbyists; considers, in the meantime, that a record should be kept of those stakeholders who have notindividuals and organisations who without justifiable reason refused to attended the committee’s public meetingsTAXE, TAX2, PANA and TAX3 committee hearings and that their access badges to the European Parliament should be withdrawn;
Amendment 1265 #
2018/2121(INI)
Motion for a resolution
Paragraph 205
Paragraph 205
205. WelcomUrges the Commission’ to go forward with its intention to propose qualified majority voting for specific and pressing tax policy issues where vital legislative files and initiatives aimed at combating tax fraud, tax evasion, aggressive tax planning or financial crimes have been blocked in the Council to the detriment of Member States and the Union as a whole;
Amendment 1281 #
2018/2121(INI)
Motion for a resolution
Paragraph 207
Paragraph 207
207. Takes the view that the enforcement of the work of the TAXE, TAX2, PANA and TAX3 committees should be continued,followed up in the forthcoming parliamentary term, in a permanent structure within Parliament such as a subcommittee to by the Committee on Economic and Monetary Affairs (ECON);
Amendment 44 #
2018/2101(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the last take up of the TLTRO in 2017 showed an increasing demand by banks in the euro area; whereas the objective of the TLTRO is to stimulate bank lending to the real economy;
Amendment 60 #
2018/2101(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that the independence of the ECB gives the members of the Executive board the freedom to decide, responsibly and based on the respect of appropriate accountability, about participating in fora, including those not open to the wider public, if they consider it is necessary to ensure the best conduct of the ECB monetary policy;
Amendment 70 #
2018/2101(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the EU economy grew at its fastest rate in 10 years in 2017 and that all Member States saw their economies expand; that, while continuing to dramatically affect youth in the EU, EU unemployment is at the lowest level since 2008 welcomes the role of the ECB and the structural reforms undertaken in some Member States as part of the ongoing recovery;
Amendment 78 #
2018/2101(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Warns, however, of the rise of uncertainties, which stem from the threat of increased protectionism, the Brexit negotiations, rising populism across the political spectrum and rising divergences between Member States on the future of European integration, among other causes;
Amendment 86 #
2018/2101(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the great importance, at this juncture, of maintaining a favourable environment for public and private investment, which is still lagging behind pre-crisis levels; encourages the ECB to takebelieves that it is primarily Member States’ governments responsibility to implement the necessary measures, in to help realinse with its mandate, to help realise this objective; this objective, in order to ensure parliamentary scrutiny at the appropriate level;
Amendment 101 #
2018/2101(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the ECB’s positive view on the establishment of a European deposit insurance scheme (EDIS) as the third pillar of the banking union; recognises that risk sharing is, as ECB President Draghi has stated, an effective risk reduction method and that the two should go hand in hand; considers therefore that in parallel to the risk reduction efforts already implemented or well on track, a third pillar should be completed as soon as possible; this third pillar should allow depositors to be better protected both individually and collectively than in the current system;
Amendment 127 #
2018/2101(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. CallsIs concerned about rapidly rising property prices in certain Member States; calls therefore for vigilance against the risk of a resurgence in real estate bubbles and excessive household and private sector indebtedness in some Member States;
Amendment 135 #
2018/2101(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Agrees with the ECB’s decision to end the APP, subject to incoming data confirming its medium-term inflation outlook, and considers that this instrument should only be used on a temporary basis, as it creates new risks for financial stability and reduces incentives to consolidate public finances and to implement structural reforms;
Amendment 147 #
2018/2101(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes note that of all private sector purchase programmes, the corporate sector programme (CSPP) contributed the most to the APP in 2017, with EUR 82 billion in net purchases; welcomes the fact that since 2017 the ECB has been publishing the full list of all CSPP holdings, including the names of issuers, together with aggregated data on those holdings by country, risk, rating and sector; calls, however, for further measures in order to disclose the operational procedures used in the choice of securities purchased by national central banks (NCBs); stresses that the CSPP shall by no means lead to competitive distortions within the internal market;
Amendment 169 #
2018/2101(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the continuation of the targeted longer-term refinancing operations (TLTRO), which provide banks with medium-term financing at attractive conditions aund in accordance with their efforts to grant new crediter the condition that these are actually used to grant new credit to the real economy; takes note of an increasing demand by euro area banks in the last TLTRO in 2017, which may be due to expectations of a hike in deposit rates and the possibility of cheap profits; calls on the ECB to closely monitor this development to ensure that the TLTRO are actually used for stimulating bank lending to the real economy;
Amendment 181 #
2018/2101(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcome the adoption of the agreement on emergency liquidity assistance (ELA), which clarifies the allocation of responsibilities, costs and risks; notes that this agreement is to be reviewed in 2019 at the latest; is of the opinion that granting ELA should be decided at the EU level;
Amendment 207 #
2018/2101(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Echoes the positions expressed by members of the Executive board on the importance of developing truly European payment systems immune from external disruptions such as those of a political nature;
Amendment 209 #
2018/2101(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Draws attention to President Juncker's call in his State of the Union 2018 speech to address the international role of the euro and the need for it to play its full role on the international scene; welcomes the willingness of the ECB to work with the Commission and Member States on this crucial issue, in spite of it falling outside the formal mandate of the ECB;
Amendment 211 #
2018/2101(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of the ECB being accountable towards Parliament; welcomes, in this respect, the permanent dialogue between the ECB and Parliament, and the regular appearances of the President of the ECB and, where applicable, other Members of the Executive Board, before the ECON committee and Plenary; encourages the ECB to continue this dialogue and, when necessary, to better explain its decisions and policies; stresses that the ECB has improved its communication; believes that the ECB should continue its efforts in order to make its decisions available and understandable to all citizens as well as its actions to maintain price stability in the euro area and therefore preserve the purchasing power of the common currency;
Amendment 212 #
2018/2101(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of the ECB being accountable towards Parliament; welcomes, in this respect, the permanent dialogue between the ECB and Parliament, and the regular appearances of the President of the ECB and, where applicable, other Members of the Executive Board, before the ECON committee and Plenary; encourages the ECB to continue this dialogue and, when necessary, to better explain its decisions and policies; decides to review and improve the setup of the monetary dialogue following the examples of the UK Parliament and the US Congress and the feedback provided by the monetary experts commissioned by ECON in March 2014(see PE 518.753);
Amendment 222 #
2018/2101(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the coming months will see important changes in the Governing Council of the ECB, with several Board members, including the President; concluding their terms; considers that these changes should be prepared carefully and in full transparency with Parliament, in line with the treaties; stresses that the members of the Executive Board must be selected solely on the basis of their recognised standing and professional experience in monetary or banking matters; reiterates its position that the Executive Board needs to significantly improve gender balance, as well as in the ECB staff more generally;
Amendment 6 #
2018/2094(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the approach presented during plenary debates on the ‘Future of Europe’, whereby the future EU budget should promote European added value, ensure finances for new challenges and, continue supporting European solidarity, stability and growth as well as the modernisation of EU policies; and the respect and promotion of fundamental values as stated in articles 2 and 3 of the TEU;
Amendment 18 #
2018/2094(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of commitment to the process of completing the Banking Union and the need to ensure openness and equal treatment of all Member States participating in the Banking Union; calls on the Commission to prioritise regulations over directives as the legislative tool for the Banking Union and financial services legislation in order to avoid creating fragmentation and having supervisors dealing with different national regimes;
Amendment 22 #
2018/2094(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Invites the Commission, with the help of the European Supervisory Authorities, to identify and remove obstacles to the internal market; is of the opinion that one of the main priorities of the Commission should be to effectively enforce EU legislation;
Amendment 25 #
2018/2094(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the urgent need to complete the Capital Markets Union; stresses that deep and well-integrated capital markets are complementary to the Banking Union, due to its contribution to private risk-sharing, increasing economic convergence and helping to cushion future shocks, helping to cushion future shocks and potentially participating to a better allocation of funds where it is needed; calls for a comprehensive study on the most appropriate framework, including through treaty change if necessary, for the adoption of legislation, enforcement and review in the field of the Economic and Monetary Union, notably to better take into account the rapidly evolving nature of financial services; considers in this respect that enabling the European Supervisory Authorities to write "no action letters" is an interesting path;
Amendment 33 #
2018/2094(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of continuing the process of deepening and completing the EMU in order to preserve the stability of the single currency and enhance the convergence of economic, fiscal and labour market policies among the Member States; reiterates that the Euro is the currency of the EU and that, with the exception of Denmark's opt-out, every single Member State is bound to adopt the Euro; is of the opinion that additional provisions for enhanced dialogue between the Member States whose currency is the euro are not necessary provided all the other Member States, with the exception of Denmark, commit themselves to a realistic and middle-term timeline to adopt the common currency, commonly agreed, with the help of the ECB; supports further steps in the development of the ESM and the common backstop to the Single Resolution Fund (SRF) as confirmed by the European Council;
Amendment 42 #
2018/2094(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of the Reform Support Programme having in mind that the European Semester has been strengthened and streamlined, but the implementation of key reforms in the Member States is still slow and remains a priority; believes that Country Specific Recommendations should better steer, or even condition, access to European funds; welcomes the convergence facility which will provide an incentive and help Member States outside the euro area to implement reforms and fulfil the criteria for introducing the euro;
Amendment 65 #
2018/2094(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Deems it necessary to embark on acontinue the comprehensive review of existing VAT legislation; welcomes the work of the Commission on the fair taxation of the digital economy.
Amendment 69 #
2018/2094(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Invites all the European institutions to enhance to an even greater extent their crucial communication efforts in order to inform and explain to Europe's citizens what they are doing;
Amendment 1 #
2018/2093(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls its conclusions that intergovernmental decision-tmaking structures and processes increase complexity of institutional responsibility, reduce transparency and democratic accountability and that the Community method is best for the functioning of the Union;
Amendment 5 #
2018/2093(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the creation of the seat for a Finance Minister for the Euro Area. A Finance Minister for the Euro Area will manage a Euro area treasury. He/ she will ensure consistent, predictable and coherent decision-making with regard to Euro Area policies and will coordinate and ensure the implementation of the relevant Euro area rules and legislation that these policies entail and shall be accountable to the European Parliament.
Amendment 8 #
2018/2093(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for the creation of a budget line for the Euro Area, in the Multi- annual Financial Framework for the Union. This budget shall support the implementation of Euro Area policies.
Amendment 10 #
2018/2093(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Considers that the Banking Union needs to be strengthened by a credible safeguard. Calls for the establishment of a European Monetary Fund that would serve as a fiscal backstop to the European Resolution Fund. It will consist of a credit line to the Single Resolution Fund. It shall be used as a means of last resort and shall be fiscally neutral.
Amendment 15 #
2018/2093(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance for convergence of the Cohesion, and Structural and Investment Funds and of the EIBFunds and, welcomes programmes such as the Reform Support Programme to helpsupport Member States on their way to joining the eEuro and further conversion within the EU, and requests an increase in the budget allocation for such programmesArea and adopt the Euro as their currency.
Amendment 18 #
2018/2093(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that the completion of the Single Market is a catalyst for economic integration and convergence of the Member State economies that it consists of; Calls on the Commission as a matter of priority to enforce the current legislation and accelerate the work on removing obstacles to its completion.
Amendment 20 #
2018/2093(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the importance of the Investment Funds and the EIB in closing the investment gap in the EU and to support capacity building.
Amendment 7 #
2018/2084(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that trade liberalisation is not positive, per se, in terms of reducing pov, if propertly and inequalities, and that it can everegulated, can have negapositive effects on sustainable development if it is not propby reducing poverlty regulatedand inequalities; underlines, in this context, the potential of the WTO as an efficient rules-based multilateral negotiating forum which provides a platform for open discussion on global trade-related issues; insists that the EU should continue to promote the democratisation of the WTO;
Amendment 24 #
2018/2084(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a world trade agenda based on the principle of fair trade for the benefit of all, which puts development and social, environmental and human rights at the centre of the process and has a special focus on the needs of low-income developing countries and least-developed countries;
Amendment 38 #
2018/2084(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. InsistStresses how important it is that the WTO should clearly recognise the role that world trade can play in contributing to the achievement of the SDGs and the fight against climate change, using; stresses that the Paris Agreement commitments arepresents a minimum benchmark;
Amendment 49 #
2018/2084(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned, in the above context, that bilateral and plurilateral trade agreements could lead to the fragmentation of international trade policy and thus undermine the role of the WTO; calls, therefore, for the EU and its Member StatCalls for the EU and its Member States to make additional efforts to once again place the WTO at the centre of global trade governance; stresses also the important role that bilateral or plurilateral trade agreements can play; considers that these to make additional efforts to once again place the WTO at the centre of global trade governancerade agreements can be complementary to the crucial work of the WTO;
Amendment 64 #
2018/2084(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the EU to continue to make the case for increasing the importance of the parliamentary dimension of the WTO; calls on WTO mUrges the Union to insist that WTO Members to ensure the democratic legitimacy and transparency by strengthening the parliamentary dimension of the WTOof their organisation; stresses, in this connection, the need to ensure thatreform the WTO and to give parliamentarians have better access to trade negotiations and areto involved them more in the fwormulation and implementation of WTO decisk of the WTO, in order to comply with citizens’ expectations.
Amendment 32 #
2018/2083(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Observes, however, that digital technology remains a means and not an end, that priority should be assigned to the most effective ways of attaining objectives and that in some countries, even though digitalisation may be useful, a need still exists for more 'traditional' infrastructure, particularly to afford access to education, energy, food and water; considers, however, that the conditions for digital development must be provided for at the design stage of infrastructure, even if implementation takes place at a later stage;
Amendment 33 #
2018/2083(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out that, despite the increase in Internet penetration, many populations still do not have access to it and that major disparities exist between countries and between urban and rural areas, so that digital solutions are not always appropriate and cannot always reach the greatest number of people, particularly in the least developed countries;
Amendment 34 #
2018/2083(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the imperative that any digital trade strategy must be fully in line with the principle of Policy Coherence for Development (PCD); underlines that access to internet connectivity and digital payment methods which are reliable and in line with international standards, accompanied by consumer protection legislation for online goods and services, intellectual property rights, personal data protection rules and tax and customs legislation appropriate to electronic commerce, are pivotal to enabling digital trade, sustainable development and inclusive growth;
Amendment 38 #
2018/2083(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the imperative that any digital trade strategy must be fully in line with the principle of Policy Coherence for Development (PCD), which is an essential element in attaining the Sustainable Development Goals (SDGs); underlines that access to internet connectivity and digital payment methods are pivotal to enabling digital trade, sustainable development and inclusive growth;
Amendment 43 #
2018/2083(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for digitalisation to be featured prominently in the future post- Cotonou agreement as an enabler of inclusive and sustainable development, in accordance with the negotiating guidelines; stresses the importance of stepping up collaboration between researchers and innovators at interregional level, encouraging research and development to promote scientific progress and the transfer of technology and know-how;
Amendment 50 #
2018/2083(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a more concerted and holistic cross-sectoral effort from the international community to ensure that the shift towards a more digital economy leaves no one behind and to avoid excessively divergent approaches, overlaps or gaps in legislation;
Amendment 61 #
2018/2083(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that less than half of all developing countries have data protection legislation, and calls for the collection, processing, analysis and dissemination of data and statisencourages the EU to provide technical assistance to the authoritices at local, regional, national and global levels and by all stakeholders in order to implement the 2030 Agenda for Sustainable Development; notes that timely and accurate data collection enables proper monitoring during implementation, adjusting policies andin drafting such legislation, relying in particular on its experience and its own legislation, which is intervenations when needally recognised, and evaluating their results and impact upon completions a model of its kind;
Amendment 63 #
2018/2083(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Observes that, because of the cross border nature of digital technology, data protection legislation should not differ too much, as that would make it incompatible;
Amendment 64 #
2018/2083(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for account to be taken of the cost that may be involved in standardising such legislation, particularly for small and medium-sized enterprises;
Amendment 65 #
2018/2083(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls for the collection, processing, analysis and dissemination of data and statistics at local, regional, national and global levels and by all stakeholders in order to implement the 2030 Agenda for Sustainable Development; notes that timely and accurate data collection enables proper monitoring during implementation, adjustment of policies and interventions when needed, and evaluation of their results and impact upon completion;
Amendment 67 #
2018/2083(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Deplores the persistent digital divides across gender, geography, age, and income within each country; insists, therefore, that international development cooperation should use digital technologies for greater inclusion of disadvantaged groups;
Amendment 73 #
2018/2083(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls therefore for increased efforts to address the challenges of digital exclusion through education and training on essential digital skills and initiatives to facilitate the use of ICTs; considers that they should be appropriate to each target population (particularly in terms of age); notes that international development cooperation could build on digital technologies geared to better integration of disadvantaged groups on condition that they have access to digital technologies;
Amendment 79 #
2018/2083(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the introduction of digital literacy in school curricula at all levels of education in developing countries, with a view to the acquisition of the skills needed to improve access to information; insists also on the need for more advanced training centres on the ground (including coding schools), to train developers and to stimulate the creation of IT solutions and digital applications in line with reality and local needs;
Amendment 83 #
2018/2083(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that resort to e-learning could improve the everyday lives of pupils, in view of the distances between their homes and schools in some cases;
Amendment 87 #
2018/2083(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Expresses its concern about the technological dependence on certain operators who are few in number, particularly the GAFA, calls for alternatives to be developed to promote competition, and notes that this aim could be pursued in partnership between the EU and Africa;
Amendment 88 #
2018/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. CRecalls that developing countries are far from being immune to cyber- attacks, and calls on all stakeholders in the digitally connected world to take active responsibility to promote greater cybersecurity awareness; points out to this end the importance of developing human capital at all levels in order to reduce threats to cybersecurity through training, education and increased awareness;
Amendment 89 #
2018/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on all stakeholders in the digitally connected world to take active responsibility by adopting practical measures to promote greater cybersecurity awareness; points out to this end the importance of developing human capital in order to reduce threats to cybersecurity through training, education and increased awareness;
Amendment 92 #
2018/2083(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that countries have a responsibility to establish an appropriate framework, particularly comprising criminal-law provisions, to combat cybercrime;
Amendment 93 #
2018/2083(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Considers that the participation of developing countries in global forums dedicated to digital challenges, such as the Global Forum on Digital Security for Prosperity recently created by the OECD, is paramount to ensure that the problems they encounter are not forgotten;
Amendment 108 #
2018/2083(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that MSMEs in developing countries make up the majority of businesses and employ the majority of manufacturing and service sector workers; reiterates that facilitating cross-border e- commerce will have a direct impact on improving livelihoods, fostering higher living standards and boosting employment and economic development; reaffirms the contribution that such endeavours could make to gender equality, since a great number of these companies are owned and run by women;
Amendment 109 #
2018/2083(INI)
17a. Stresses the importance of building a sustainable ecosystem for the digital economy, emphasises in particular the importance of training qualified staff in the maintenance of IT systems, and underlines also the economic potential linked to the creation of these jobs in relation to the circular economy and the contribution they will make to the achievement of the SDGs; recalls that certain raw materials needed for the manufacture of digital systems are rare and that efficient recycling methods should therefore be introduced;
Amendment 111 #
2018/2083(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Stresses the need to stem trade in minerals whose exploitation finances armed conflicts or involves forced labour;
Amendment 126 #
2018/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that e-government applications contribute to making public services faster and cheaper to access, improve consistency and citizen satisfaction, and increase transparency, thus contributing significantly to fighting corruption; stresses the vital role of technology and digitalisation for effective fiscal policy and administration, enabling an effective increase in domestic resource mobilisation and measures against tax evasion and tax fraud; insists that it is imperative to create secure digital identities, as this could help determine the numbers of those in need of certain basic services;
Amendment 128 #
2018/2083(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls for the opportunities afforded by digital technology as a way of improving registration of children in registers of births, deaths and marriages be exploited, stresses that UNICEF estimates that, in Sub-Saharan Africa alone, 95 million children remain unregistered at birth1 a and therefore have no birth certificate, and that this fact prevents the children concerned from being legally recognised, so that their existence as members of society goes unrecorded from birth and through into adult life, which distorts countries' demographic data, with significant consequences for the assessment of the needs of populations, particularly in terms of access to education or health care; _________________ 1a https://www.unicef.org/french/publication s/files/UNICEF_SOWC_2016_French_L AST.pdf
Amendment 134 #
2018/2083(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the 'DEVCO Academy' on-line programme, which makes it possible to train the EU's partners on line, calls for training programmes for local leaders to be further developed and for applications for European subsidies to be drawn up, so that those partners can gain a clearer picture of expectations, aims and conditions and thus improve their prospects of gaining acceptance for their projects; stresses that such initiatives, provided that they are easily accessible, efficient and relevant, would have a positive impact on the absorption of aid and on the image of the EU among its partners;
Amendment 2 #
2018/2081(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the Sustainable Development Goals (SDG), in particular Goal 4: ‘Ensure inclusive and quality education for all and promote lifelong learning’; having regard to the 2030 Agenda, which recognises that equity, inclusion and gender equality are inextricably linked to the right to education for all,
Amendment 4 #
2018/2081(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the Charlevoix Declaration on quality education for girls, adolescent girls and women in developing countries, adopted by the G7 on 9 June 2018,
Amendment 5 #
2018/2081(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
– having regard to General Recommendation No 36(2017) of the UN Committee on the Elimination of Discrimination against Women concerning the right of girls and women to education,
Amendment 16 #
2018/2081(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the rights that should be respected in education go beyond digital equality and include promotion of genuine gender equality in education;
Amendment 19 #
2018/2081(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. having regard to the difficulties experienced by some businesses in developing countries in finding staff with the skills that they require;
Amendment 20 #
2018/2081(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas, in order to meet the expectations both of job-seekers and of businesses, the training available must be truly professionalising and whereas, in order to achieve that, partnerships with the private sector in the field of education should not be ruled out;
Amendment 21 #
2018/2081(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is convinced that aid to education must be a priority, because education is a fundamental right but also because it is essential for the achievement of the other SDGs: for economic development and reducing inequalities, for gender equality, to help girls and women to become self- sufficient, and for health, democracy and the rule of law, women’s empowerment and conflict prevention;
Amendment 29 #
2018/2081(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Union and its Member States to devote 10% of their official development assistance to education by 2024, and 15% by 2030; calls for the first commitment to be included in the multiannual financial framework (2021- 2027);
Amendment 63 #
2018/2081(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the importance of higher, secondary and technical education and vocational training; considers that the lattery must be geared to the needs of businesses, in coordination with them and, as far as possible, financed by them; notes that the Union’s External Investment Plan could be mobilised for this purpose; stresses the importance of work-based learning and adult learning to build a critical mass of skilled workers;
Amendment 71 #
2018/2081(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Draws attention to the existence of projects by means of which the private sector supports training centres with the aim of helping them to meet the needs of the real economy more effectively;
Amendment 72 #
2018/2081(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Is convinced that, with a higher level of public funding, these initiatives which induce the public education sector and businesses to work together could benefit more developing countries; calls on the Commission to consider how European development funds could be used to develop such initiatives, given their potential to contribute to the achievement of the SDGs;
Amendment 99 #
2018/2081(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates that only an enabling environment makes quality education possible, including nutritional aspects, health and safety, and access to electricity and water, in order to enable pupils to genuinely benefit from school and to increase completion rates, especially in primary education; considers it necessary to allow everyone to follow a full cycle of free and high-quality primary and secondary education on an equal footing;
Amendment 50 #
2018/2033(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s 2018 country-specific recommendations (CSR); is concerned that in the period 2011 - 2017 only 9 % of CSRs have been fully implemented; stresses that in particular the implementation of CSRs targeted to fight corruption and to sustain ageing societies need to be stepped up;
Amendment 54 #
2018/2033(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 65 #
2018/2033(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that growth-orientated fiscal policies are needed at the European level, alongside an appropriate monetary policy, in order to strengthestructural reforms are needed to strengthen both the European economy and the economies of the Member States; therefore supports the proposal to make part of the allocation of European funds conditional on the European economySemester;
Amendment 83 #
2018/2033(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports flexibility in the implementation of the Stability and Growth Pact as proposed by the Commission in 2015; considers that much more flexibility is required to boost investment and growth in the EU; calls, therefore, for a reform of the Stability and Growth Pact and the introduction of an aggregate euro area fiscal stancein specific cases, which strike the right balance between fiscal responsibility and supporting growth; stresses that Member States need to build up fiscal buffers, particularly in economic good times to improve the resilience of their economies against future shocks with the aim of sustaining jobs and growth;
Amendment 215 #
2018/2033(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Is concerned by the still very high public debt levels in the Euro area, which hamper job creation and growth, make Member States vulnerable to crisis and are a burden for future generations; stresses that high levels of public and private debt reduce the possibility to invest, which is necessary to create jobs and growth;
Amendment 227 #
2018/2033(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern the recent rise in oil prices which generally weakens growth and raises inflation; stresses that, rather than relying on seasonal factors for its recovery,Stresses that the only way to make the European economy an area of prosperity is to encourage public investment and promote domestic demandstructural reforms to modernise the economy;
Amendment 279 #
2018/2033(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. RegretStrongly welcomes the fact that the Commission makes part of the allocation of European funds conditional on the European Semester and economic governance;
Amendment 287 #
2018/2033(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the key importance of structural funds for the stimulation of public and private investment, taking into account their strong multiplier effect;
Amendment 316 #
2018/2033(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls that the completion of the EMU requires strong political commitment, efficient governance based on the Community method and democratic accountability, and better use of the available financial resourcimplementation of the existing rules ;
Amendment 3 #
2018/2007(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the HLEG final report of January 2018 entitled ‘Financing a Sustainable European Economy’,
Amendment 23 #
2018/2007(INI)
Motion for a resolution
Citation 32
Citation 32
— having regard to the Bankwatch Network briefing of May 2017European Investment Bank (EIB) 2016 Statistical Report, which foundshows that in 16 EU Member States European Investment Bank (EIB) support for climate actionEIB support for climate action continues to reflect the different market contexts across the EU and did not reach even the level of 20 % in 16 EU Member States in 2016, and that while climate action investment in 2016 was predominantly located in the EU’s stronger economies, with 70 % of European Fund for Strategic Investments (EFSI) support for renewable energy being concentrated in Belgium, while 80 % of energy efficiency investment through the EFSI was allocated to France, Finland and Germany,the EIB financed renewable energy and energy efficiency projects in 18 Member States in 20161a; _________________ 1aEuropean Investment Bank 2016 Statistical Report, 27.04.2017.
Amendment 71 #
2018/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the potential of a faster green transition as an opportunity for orienting capital markets towards long- term, innovative and efficient investments; notes that environmental, social and governance (ESG) benefits and risks are notoftentimes not sufficiently reflected in prices and that this provides a market advantage to unsustainable and short- termist geared finance; stresses that a political and regulatory framework to govern sustainable finance is overdue;
Amendment 105 #
2018/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the massivepotential systemic risks that stranded carbon assets represent to financial stability; stresses the need for the identification and mandatory reporting of these assets as essential to the orderly transition to climate-positive investments; calls fto explore the possibility of introduction ofing ‘carbon stress tests’ for banks and other financial intermediaries to determine the risks related to such stranded assets;
Amendment 106 #
2018/2007(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Emphasizes the potential risks to systemic shocks that could develop as a consequence of an abrupt shift in finance to sustainability; calls for the need to work towards a balanced, stable and gradual transition, that enables stakeholders to orientate themselves towards a higher degree of sustainability; emphasizes that sufficient access to capital plays an essential role in this process;
Amendment 128 #
2018/2007(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to lead a multi-stakeholder process to establish by the end of 2019 a robust and credible greensustainable taxonomy, including a ‘GreenSustainable Finance Mark’, through a legislative initiative;
Amendment 132 #
2018/2007(INI)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Recommends that this taxonomy include three levels:be designed as a ‘meta’ framework onto which existing (and future) definitions that are used in a variety of contexts can be mapped, that provides a high level of granularity, enabling comparability of different standards and products, that is a continuously evolving tool, providing a neutral framework, developed by scientific, technical and financial experts;
Amendment 136 #
2018/2007(INI)
Motion for a resolution
Paragraph 6 – point 1
Paragraph 6 – point 1
Amendment 141 #
2018/2007(INI)
Motion for a resolution
Paragraph 6 – point 2
Paragraph 6 – point 2
Amendment 142 #
2018/2007(INI)
Motion for a resolution
Paragraph 6 – point 3
Paragraph 6 – point 3
Amendment 156 #
2018/2007(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the recent inclusion of sustainability issues in the PRIIPs and STS Regulations, as well as in Shareholders Rights Directive and the NFRD; applaudwelcomes the inclusion in the IORPs Directive of recognition of stranded assets; asks for the transversal integration of sustainable finance criteria in all relevant legislation related to the financial sector;
Amendment 189 #
2018/2007(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that disclosure is a critical enabling condition for sustainable finance; applaudwelcomes the work of the Taskforce on Climate-related Financial Disclosure (TCFD) and calls on the Commission and the Council to explicitly endorse its recommendations; urges the Commission to include mandatory disclosure in the framework of the revision of the Accounting Directive and the NFRD;
Amendment 207 #
2018/2007(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the European Supervisory Authorities (ESAs) to develop guidelines for model contracts between asset owners and asset managers, which would clearly incorporate the transmission of the beneficiary interest as well as clear expectations as regards the identification and integration of ESG risks on behalf of the asset manager; Calls on the EU institutions to ensure the allocation of sufficient funding to the ESAs to fulfill this task;
Amendment 213 #
2018/2007(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the ESA's to explore the option to develop a sustainability stress test;
Amendment 236 #
2018/2007(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the urgent need for a uniform standard for green bonds; insists that such green bonds should include periodic reporting on the environmental impacts of the underlying assets; underlines that green bonds should also respect negative criteria and must not include any form of fossil fuel asset, nuclear power or investment in aviation infrastructurenotes the existence of various methods for investors to establish sustainability criteria;
Amendment 262 #
2018/2007(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to establish a legally binding labelling system for personal bank accounts, investment funds, insurance, and financial products indicating their level of conformity with the Paris Agreement and ESG goals;
Amendment 286 #
2018/2007(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the EIB has a mixed recordis well on track concerning its commitment to the financing onf climate action; insists that the EIB should only agree to future lending that is compatible with a 1.5 °C climate limit;, exceeding its overall target of 25% in 20162a; calls on the EIB to continue supporting through its future lending the transition to a low- carbon and climate-resilient economy that is in line with EU policy objectives; _________________ 2aEIB Group 2016 Sustainability Report, 15.06.2017, p. 24.
Amendment 302 #
2018/2007(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 20 #
2018/2005(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that trade is not an end in itself, but that an inclusive, free and fair trade policy aligned with the SDGs can contribute to poverty eradication, which (under Article 208 TFEU) is the primary objective of Union development cooperation policy; recalls the principle of policy coherence for development, requiring that the objectives of development cooperation be taken into account in policies that are likely to affect developing countries; calls on the EU to systematically evaluate the impact of its trade policies on developing countries;
Amendment 49 #
2018/2005(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the damaging impact of tax evasion on developing countries, which are deprived in this way of substantial amounts of public money that could be used, for example, not only to improve economic growth, protection of the environment and public services but also to promote social cohesion; calls on the Commission, in negotiating trade agreements, to prioritise combating this serious problem, using all the tools at its disposal;
Amendment 10 #
2018/2003(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
– having regard to the statement from civil society representatives on the EU's Role in Protecting Forests and Rights, April 2018,
Amendment 11 #
2018/2003(INI)
Motion for a resolution
Citation 33 b (new)
Citation 33 b (new)
– having regard to the European Commission's strategic ‘Larger than Elephants’ approach to wildlife conservation in Africa and the forthcoming publication of the ‘Larger than Tigers’ study on biodiversity conservation in Asia,
Amendment 12 #
2018/2003(INI)
Motion for a resolution
Citation 33 c (new)
Citation 33 c (new)
– having regard to the UNODC Global Programme for Combating Wildlife and Forest Crime,
Amendment 13 #
2018/2003(INI)
Motion for a resolution
Citation 33 d (new)
Citation 33 d (new)
– having regard to the Report on the impact of international trade and the EU's trade policies on global value chains (2016/2301),
Amendment 34 #
2018/2003(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas protected areas should be at the heart of any strategic approach to wildlife conservation; whereas they should act as secure and inclusive economic development poles, based on sustainable farming, energy, culture and tourism, and lead to the development of good governance;
Amendment 36 #
2018/2003(INI)
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas diasporas may play an interface role in knowledge transfer;
Amendment 42 #
2018/2003(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the UN’s Agenda 2030 sets the target of halting and reversing deforestation and forest degradation by 2020, and this commitment is reiterated in the Paris Climate Agreement;
Amendment 44 #
2018/2003(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas as actors and partners in sustainable development, indigenous women and women farmers play a central role in protecting forest ecosystems; whereas promoting their empowerment is important;
Amendment 55 #
2018/2003(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the EU is one of the main importers of agricultural commodities currently associated with deforestation and forest degradation (soya or palm oil, for example); whereas the EU can have a significant impact therefore, particularly in regard to demand and its due diligence requirements;
Amendment 73 #
2018/2003(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the Agenda 2030 recognises that forests play a critical role in sustainable development; reiterates that sustainable and inclusive forest management and responsible use of forest commodities constitute the most effective and cheapest natural system for carbon capture and storage;
Amendment 88 #
2018/2003(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to step up its efforts regarding the full and effective implementation of the FLEGT Action Plan and to monitor regularly the progress made by consulting all the parties concerned on a regular basis;
Amendment 99 #
2018/2003(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for particular attention to be paid to the practice of transhumance, to protecting borders from armed groups, and to the trade sustaining said groups; calls for improvements to technical and political governance to be developed;
Amendment 100 #
2018/2003(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for the promotion of community forestry, which guarantees local communities a means of subsistence while ensuring ecosystems are conserved;
Amendment 101 #
2018/2003(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for local populations living in high biodiversity areas to receive the tangible benefits of conserving these environments;
Amendment 102 #
2018/2003(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges partner countries to recognise and protect indigenous peoples’ right to customary ownership and control of their lands and natural resources, as set outthe right of local forest-dependent communities, and of indigenous peoples, notably indigenous women, in particular, to customary ownership and control of their lands and natural resources, as set out in international human rights instruments such as the International Covenant on Economic, Social and Cultural Rights, in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and in ILO Convention 169; calls on the EU to support partner countries in this effort and in applying the principle of free, prior and informed consent (FPIC) to large-scale land acquisitions;
Amendment 104 #
2018/2003(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Denounces the rising number of attacks on civil society's and local communities' freedom of expression in regard to forest governance;
Amendment 120 #
2018/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores the DRC Government's challenge to the moratorium on granting two Chinese companies new licences for logging in the DRC's tropical rain forests; calls for the moratorium to be maintained until the logging companies, the government and local forest-dependent communities reach an agreement on protocols ensuring satisfactory environmental and societal management;
Amendment 127 #
2018/2003(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to ensure that global supply chains and financial flows only support legal, sustainable and deforestation-free production and do not result in human rights violations;
Amendment 144 #
2018/2003(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls too on the EU to promote a similar binding regulatory framework at international level;
Amendment 150 #
2018/2003(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that the new CAP will have to be aligned with the EU's international commitments, including the 2030 Agenda for Sustainable Development and the Paris Agreement on climate change;
Amendment 151 #
2018/2003(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls for the SDG indicators to be used to assess the CAP's external effects, as suggested by the OECD;
Amendment 164 #
2018/2003(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls that PCD is considered to be a fundamental aspect of the EU's contribution to achieving the SDGs;
Amendment 165 #
2018/2003(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Recalls that the Consensus calls for interconnections between the different SDGs to be tackled and a global and strategic approach adopted in order to implement Agenda 2030 in all policies, seeking synergies, particularly on the five strategic challenges (trade and finance, the environment and climate change, food security, migration and security) and in close coordination with the implementation of the Paris Agreement on climate change;
Amendment 176 #
2018/2003(INI)
21. Stresses the need to restore natural, biologically diverse forests, recalling that this is a commitment that has already been agreed to (Sustainable Development Goal 15) and must therefore be honoured;
Amendment 179 #
2018/2003(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that, according to UNEP and INTERPOL, illegal logging and trade in timber are one of the five most important sectors of environmental criminality, with transnational organised crime groups playing an ever greater role;
Amendment 180 #
2018/2003(INI)
22a. Stresses that combating illegal international trade requires concerted and inclusive action to stop the destruction, deforestation, illegal logging and combat the fraud, the slaughter and the demand for forest commodities and wildlife; calls for an international police force to be set up to keep protected areas safe;
Amendment 181 #
2018/2003(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Commission to support cross-border financial cooperation projects set up by neighbouring countries to fight environmental crime together;
Amendment 185 #
2018/2003(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need to address the root causes of environmental crime, such as poverty, corruption, poor governance and to develop a conservation policy that fits African society instead of imposing one that is out of step with the African continent's cultural context;
Amendment 189 #
2018/2003(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the importance of deploying truly dissuasive and effective penalties in producer countries to combat illegal logging and trade in timber;
Amendment 190 #
2018/2003(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Encourages the EU to provide assistance in strengthening surveillance of deforestation and illegal activities;
Amendment 192 #
2018/2003(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to strengthen domestic legal frameworks, support the setting up of national law enforcement networks and upgrade the implementation and enforcement of international law of relevance to the promotion of transparent and accountable forest management, inter alia through exchange of best practices; stringent information disclosure; robust sustainability impact assessments, monitoring and reporting systems;
Amendment 2 #
2018/0267M(NLE)
Draft opinion
Paragraph 1
Paragraph 1
1. Access for EU vessels should be limited to the fisheries resources that Côte d’Ivoire lacks the capacity to harvest (surplus resources) and should never entail catches that exceed the maximum sustainable yield; the local population’s nutritional needs should have priority, in order to improve food security, and be reflected in local landing obligations;
Amendment 3 #
2018/0267M(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. The Commission should urge the Republic of Côte d’Ivoire to use the financial contribution provided by the protocol for sectoral support to strengthen its national fisheries industry, particularly artisanal fishing, encouraging demand for local investment and industrial projects in the blue economy, and creating local jobs;
Amendment 4 #
2018/0267M(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. The Commission should urge the Republic of Côte d’Ivoire to use the financial contribution provided by the protocol to sustainably strengthen its national fisheries industry, encouraging demand for local investment and industrial projects, and creating local jobs;
Amendment 5 #
2018/0267M(NLE)
Draft opinion
Paragraph 3 – indent 1
Paragraph 3 – indent 1
- promote the sustainable development of the local, and in particular artisanal, fishing and fish-processing sector, as well as other local activities and partnerships linked to this sector;
Amendment 8 #
2018/0267M(NLE)
Draft opinion
Paragraph 3 – indent 3
Paragraph 3 – indent 3
- reinforce fisheries monitoring, control and surveillance in Ivorian waters by establishing a coherent EEZ protection strategy, and thus further prevent illegal, unreported and unregulated fishing and its adverse economic, social and environmental effects;
Amendment 11 #
2018/0267M(NLE)
Draft opinion
Paragraph 4
Paragraph 4
4. The Commission should provide support to the Republic of Côte d’Ivoire in managing its absorption capacity of the funds received in order to ensure their optimal use and to ensure that the agreement delivers tangible results for local fishing and the local population in general;
Amendment 12 #
2018/0267M(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Employment possibilities for localseamen from the ACP, giving priority to Ivorian seamen, on EU vessels provided for by the protocol should be fully exploited;
Amendment 13 #
2018/0267M(NLE)
Draft opinion
Paragraph 6
Paragraph 6
6. The Commission should endeavour to ensure that the monitoring and evaluation of activities set out in the protocol and in the ensuing multiannual sectoral programme are upheld in order to safeguard sustainable practices, labour laws and decent working conditions, and the human rights protections established in the agreement. An annual report should be submitted to Parliament and the Council to encourage transparency and ensure that the budget intended to support fisheries policy in Côte d'Ivoire is indeed used for that purpose. Regional aspects should also be taken into account when the report is prepared so that the impact of fisheries agreements concluded by the EU in the region and their effect on the fisheries agreement with Côte d'Ivoire can be highlighted.
Amendment 518 #
2018/0243(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Reflecting the importance of tackling climate change in line with the Union commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Regulation should contribute to mainstream climate action in the Union policies and to the achievement of an overall target of 250 % of the Union budget expenditures supporting climate objectives. Actions under this Regulation are expected to contribute 250 % of its overall financial envelope to climate objectives. Relevant actions will be identified during the implementation of this Regulation, and the overall contribution from this Regulation should be part of relevant evaluations and review processes.
Amendment 520 #
2018/0243(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Information and communication technologies (ICT) and services are proven enablers of sustainable development and inclusive growth. They can be key to improving citizens' lives even in the poorest countries, in particular by empowering women and girls, enhancing democratic governance and transparency, and boosting productivity and job creation. Nevertheless, connectivity and affordability remain a problem both across and within regions, since there are large variations between high and lower income countries and between cities and rural areas; this regulation should help the EU to further mainstream digitalisation into EU development policies, as already foreseen within the framework of its "Digital4Development"strategy, which needs to be updated for the post 2020 period.
Amendment 559 #
2018/0243(COD)
(42) In order to enhance partner countries' ownership of their development processes and the sustainability of external aid, the Union should, where relevant, favour the use of partner countries' own institutions and of partner countries’ systems and procedures for all aspects of the project cycle for cooperation. The EU should also provide training programmes on how to apply for EU funding to local authorities’ civil servants and civil society organisations with the aim of helping them to enhance the eligibility and efficiency of their projects. These programmes should be carried out in the countries concerned, available in the language of the country, to complement any distance learning programmes also established, in order to ensure a targeted training responding to the needs of that country.
Amendment 599 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b a (new)
Article 3 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) The reduction and, in the long term, the eradication of poverty, especially in the least developed countries; the achievement of the international commitments and objectives that the Union has agreed to, in particular the 2030 Agenda, the SDGs and the Paris Agreement;
Amendment 725 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Programmes and actions under this Regulation shall mainstream climate change, environmental protection, digitalisation and gender equality and shall address interlinkages between Sustainable Development Goals, to promote integrated actions that can create co-benefits and meet multiple objectives in a coherent way. These programmes and actions shall be based on an analysis of risks and vulnerabilities, integrate a resilience approach and be conflict sensitive. They shall be guided by the principle of leaving no one behind.
Amendment 778 #
2018/0243(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Scope of the Geographic programmes 1. Union cooperation activities under this Article shall be applied for activities of a local, national, regional, trans-regional and continental nature. 2. In order to attain the objectives laid down in Article 3, geographic programmes shall be drawn up from the following areas of cooperation: (a) good governance, democracy, rule of law, human rights, fundamental freedoms and civil society; (b) poverty eradication, fight against inequalities, improvement of the rate of civil registrations, and human development; (c) migration and mobility; (d) environment and climate change; (e) inclusive and sustainable economic growth, digitalisation and decent employment; (f) security, stability and peace; (g) partnership; 3. Further details of the areas of cooperation referred to in paragraph 2 are set out in Annex II.
Amendment 781 #
2018/0243(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 845 #
2018/0243(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The amount referred to in Article 6(3) shall be used inter alia duly justified cases, with priority given to the countries most in need, and in full complementarity and consistency with acts adopted under this Regulation:
Amendment 1069 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point b a (new)
Annex II – part A – point 1 – point b a (new)
(b a) Improving the rate of civil registrations (from birth to death) of citizens to enable them to access their fundamental rights through reliable registration systems which utilise the latest technological and administrative developments to ensure inter alia, all births, deaths and marriages are registered electronically and remotely and centralised to allow officially recognised duplicate documents to be published when necessary;
Amendment 1108 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point j a (new)
Annex II – part A – point 2 – point j a (new)
(j a) Supporting national, regional and local governments and administrations to create the required infrastructure, inter alia physical, technological, and human resources, using the latest technological and administrative developments to enable all civil registrations (from birth through to death) to be accurately registered and officially recognised duplicated documents to be published when necessary in order to ensure that all citizens officially exist and are able to access their fundamental rights;
Amendment 1115 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point o
Annex II – part A – point 2 – point o
(o) Promoting cooperation in the areas of science, technology and research, and open data, big data and artificial intelligence, and innovation;
Amendment 1162 #
2018/0243(COD)
5. Inclusive and sustainable economic growth, digitalisation and decent employment
Amendment 1176 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point l
Annex II – part A – point 5 – point l
(l) Promoting affordable, inclusive and, reliable and secure digital connectivity and strengthening the digital economy; promoting digital literacy and skills; fostering digital entrepreneurship and job creation; promoting the use of digital technologies as an enabler for sustainable development; addressing cybersecurity, data privacy and other regulatory issues linked to digitalisation;
Amendment 1178 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point o
Annex II – part A – point 5 – point o
(o) Promoting cooperation in the areas of science, technology and research, and open data, big data and artificial intelligence, and innovation;
Amendment 1233 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 2 – point 3 a (new)
Annex III – point 2 – point 3 a (new)
3a. Strengthen the role of local authorities as actors of development by: (a) increasing the capacity of Union and developing countries’ local authority networks, platforms and alliances to ensure a substantive and continued policy dialogue and effective participation in the field of development and to promote democratic governance, notably through the Territorial Approach to Local Development; (b) increasing interactions with Union citizens on development issues (awareness raising, knowledge sharing, engagement), notably in relation to the Sustainable Development Goals, including in the Union and candidate countries and potential candidate countries. (c) increasing aid ownership and absorption via training programmes in- country on how to apply for EU funding to local authorities’ civil servants;
Amendment 1360 #
2018/0243(COD)
Proposal for a regulation
Annex V – paragraph 1 – point e
Annex V – paragraph 1 – point e
(e) contribute to climate action and environmental protection and management, in order to produce climate co-benefits, allocating at least 50 % of the financing to investments that contribute to climate action, renewable energy and resource efficiency;
Amendment 47 #
2018/0233(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Given the increasing mobility of taxpayers, the number of cross-border transactions and the internationalisation of financial instruments, which go well beyond the Union borders, adaptations of or extensions of European electronic systems to third countries not associated to the Programme and international organisations could have an interest for the Union or the Member States. In particular, they would avoid the administrative burden and the costs implied by developing and operating two similar electronic systems for, respectively, Union and international exchanges of information. Therefore, when duly justified by such an interest, adaptations of or extensions to European electronic systems for cooperation with third countries and international organisations should be eligible costs under the Programme. Provided priority actions have been funded, specific actions with least developed countries, especially on automatic information sharing, could also be encouraged under the Programme where appropriate.
Amendment 56 #
2018/0233(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Individual national anti-fraud initiatives could potentially shift the fraud to other, often neighbouring, Member States, and create disproportionate administrative burden on compliant businesses as well as a lack of legal certainty when trading internationally. It is therefore crucial that the Commission aligns national anti-fraud measures through coordination of national best practices at EU level.
Amendment 71 #
2018/0233(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Programme has the specific objective to support tax policy, tax cooperation and administrative capacity building, including human competency and the development and operation of the European electronic systems, as well as the progressive modernisation of reporting and auditing tools to be applied uniformly across Member States.
Amendment 76 #
2018/0233(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 270338 000 000 in current prices.
Amendment 80 #
2018/0233(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Provided priority actions have been funded, least developed countries can be encouraged to participate in accordance with the conditions laid down in a specific agreement covering their participation. Contrary to point c) of paragraph 1, their participation shall be cost-free for them and shall focus on achieving international tax objectives, such as automatic exchange of tax information. The specific agreement shall guarantee the rights of the Union to ensure sound financial management and to protect its financial interests.
Amendment 90 #
2018/0233(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. To ensure the programme is designed to effectively tackle fraud, the Commission is empowered to adopt delegated acts in accordance with Article 17 to review and update, where appropriate, the list of eligible actions.
Amendment 94 #
2018/0233(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the programme pursuant to Article 5, and, where relevant, representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.
Amendment 99 #
2018/0233(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e a (new)
Article 11 – paragraph 2 – point e a (new)
(e a) the coordination of nationally applied anti-fraud measures through regulating national best practices at EU level;
Amendment 102 #
2018/0233(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States (including a mapping exercise, listing of the best practices) and the Commission in the implementation of the plan referred to in paragraph 1 and make that report publics well as the progress in achieving the programme’s objectives mentioned in Article 3. The report shall be public and published on a dedicated Commission webpage and serve as a basis for evaluation reports and future multiannual work programmes.
Amendment 106 #
2018/0233(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The delegations of power referred to in Article 7(4a) and Article 14(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 679 #
2018/0229(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Where the Investment Committee is requested to approve the use of the EU guarantee for a financing or investment operation that is a facility, programme or structure which has underlying sub- projects, that approval shall comprise the underlying sub-projects, unless the Investment Committee decides to retain the right to approve them separately.
Amendment 67 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) facilitate the achievement of the UN’s Sustainable Development Goals;
Amendment 91 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 5
Annex I – paragraph 5
The Strategic Planning will help to develop and realise the implementation of policy for the relevant areas covered, at EU level as well as complementing policy and policy approaches in the Member States. EU policy priorities and the UN’s SDGs will be taken into consideration during the Strategic Planning process to increase the contribution of research and innovation to the realisation of policy. It will also take into account foresight activities, studies and other scientific evidence and take account of relevant existing initiatives at EU and national level.
Amendment 130 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.4 – paragraph 1
Annex I – part II – point 1 – point 1.2 – point 1.2.4 – paragraph 1
Protecting people against communicable diseases, stemming from poverty or too- often neglected illnesses, and cross-border health threats, is a major challenge for public health, calling for effective international cooperation at EU and global level. This will involve prevention, preparedness, early detection, treatment and cure of infectious diseases, and also tackling antimicrobial resistance (AMR) following a ‘One Health approach’.
Amendment 65 #
2018/0224(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The conception and design of the Programme should respond to the need for establishing a critical mass of supported activities, throughout the EU Union and through international cooperation, in line with the UN Sustainable Development Goals (SDGs). Programme implementation should reinforce the pursuit of this aim, illustrating the European Union's commitment to tackling global challenges in cooperation with its international partners.
Amendment 68 #
2018/0224(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Activities supported under the Programme should contribute towards the achievement of the Union's objectives and priorities, including the UN Sustainable Development Goals, the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities.
Amendment 86 #
2018/0224(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest, mutual benefit and global commitments to implement the UN SDGs. International cooperation should aim to strengthen the Union's research and innovation excellence, attractiveness and economic and industrial competitiveness, to tackle global challenges, as embodied in the UN SDGs, and to support the Union's external policies. An approach of general opening for international participation and targeted international cooperation actions should be followed, including through appropriate eligibility for funding of entities established in low to middle income countries. At the same time, association of third countries to the Programme should be promoted so as to ensure that the world's most talented researchers contribute to its implementation.
Amendment 105 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a a (new)
Article 7 – paragraph 3 – point a a (new)
(aa) facilitating achievement of the UN Sustainable Development Goals;
Amendment 145 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 1
Annex I – point 2 – paragraph 1
Through the following activities, this pillar will, in line with Article 4, strengthen the impact of research and innovation in developing, supporting and implementing Union policies, including the UN Sustainable Development Goals, and support the uptake of innovative solutions in industry and society to address global challenges. It will also contribute to the other Programme's specific objectives as described in Article 3.
Amendment 168 #
2018/0178(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Union classification of environmentally sustainable economic activities should enable the development of future Union policies and strategies, including Union- wide standards for environmentally sustainable financial products and eventually the establishment of labels that formally recognise compliance with those standards across the Union. Uniform legal requirements for considering investments as environmentally sustainable investments, based on uniform criteria for environmentally sustainable economic activities, are necessary as a reference for future Union legislation aiming at enabling those investments.
Amendment 213 #
2018/0178(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) In defining the technical screening criteria, the Commission should also take into account transitional measures towards activities that support the transition to a more sustainable, low- carbon economy.
Amendment 259 #
2018/0178(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) measures adopted by Member States or by the Union setting out any requirements on market actorfinancial market participants in respect of financial products or corporate bonds that are marketed as environmentally sustainable.
Amendment 277 #
2018/0178(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(b a) The criteria mentioned in Article 1 (1) may be used for the purpose mentioned in that paragraph by financial services providers that are not addressed by Article 1 (2) on a voluntary basis, and with respect to other financial products than those established in Article 2, paragraph 1 point (c).
Amendment 282 #
2018/0178(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
(b b) financial market participants that use the taxonomy to define whether a financial product or service and/or investments is unsustainable. The use of the taxonomy to define whether a financial product or service and/ or investments is unsustainable shall be optional. Disclosure requirements, as defined under Article 4, paragraph 2, of this Regulation shall also be optional.
Amendment 301 #
2018/0178(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) 'climate change mitigation' means the process of holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and limiting the temperature increase to 1.5 °C above pre-industrial levels, including to make the transition to achieve these targets;
Amendment 323 #
2018/0178(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the economic activity contributes or will contribute substantially to one or more of the environmental objectives set out in Article 5 in accordance with Articles 6 to 11;
Amendment 361 #
2018/0178(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. No disclosure requirements that are required under the [Commission proposal for a Regulation on disclosures relating to sustainable investments and sustainability risks and amending Directive (EU) 2016/2341] shall be required in this Regulation;
Amendment 368 #
2018/0178(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The Commission shall immediately notify the Platform on Sustainable Finance of the request addressed by financial market participants.
Amendment 411 #
2018/0178(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) generating, storing, distributing or using renewable energy or climate-neutral energy (including carbon-neutral energy), including through using innovative technology with a potential for significant future savings or through necessary reinforcement of the grid;
Amendment 503 #
2018/0178(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
For the purposes of Article 3(b), taking into account its full life-cycle, in as far as relevant information is available, an economic activity shall be considered as significantly harming:
Amendment 548 #
2018/0178(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h a (new)
Article 14 – paragraph 1 – point h a (new)
(h a) take into account if an activity is in transition to a more sustainable and/ or low-carbon configuration and/ or operation, through research and innovation projects, specific timelines and pathways of this transition;
Amendment 552 #
2018/0178(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point j a (new)
Article 14 – paragraph 1 – point j a (new)
(j a) be sector specific, where possible.
Amendment 573 #
2018/0178(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) experts representing relevant private stakeholders;and, in balanced proportions:
Amendment 574 #
2018/0178(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b – point i (new)
Article 15 – paragraph 1 – point b – point i (new)
i) experts representing relevant private stakeholders including non- financial companies; and
Amendment 575 #
2018/0178(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b – point ii (new)
Article 15 – paragraph 1 – point b – point ii (new)
ii) experts appointed in a personal capacity, with proven knowledge and experience in the areas covered by this Regulation.
Amendment 576 #
2018/0178(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iii (new)
Article 15 – paragraph 1 – point b – point iii (new)
iii) prior to appointment by the Commission of candidates that do not represent one of the Union's agencies or institutions in the platform, final consent by European Parliament, on the list as a whole, shall be required.
Amendment 600 #
2018/0178(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
Within 6 months following the request mentioned in Article 4(2), the Platform shall make public the conclusion of its analysis regarding requests from stakeholders to develop or revise technical screening criteria for a given economic activity. To fulfil its role in assisting and advising the Commission, the Platform shall carry out public consultations to gather views from all concerned stakeholders.
Amendment 661 #
2018/0178(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. This Regulation shall respect the principle of non-retroactivity and shall not apply to contracts concluded before date of entry into force of this Regulation, as established under paragraph 1 of this Article.
Amendment 10 #
2018/0166R(APP)
Recital E a (new)
E a. whereas beyond the capacity of the action provided by the Multiannual Financial Framework, the European Union is called upon to meet the global challenges and threats that Member States cannot afford anymore alone. The recognition of some “European common goods” (agriculture, solidarity, defense and security, management of the migration policy, climate protection, digital economy, space) leads to evaluate the effectiveness of national public spending and to study the European added value that would result from the transfer of all or part of the corresponding appropriations to the European Union level. The MFF 2021- 2027 must/should be sufficiently flexible to deal with unforeseen events and must/should allow initiatives to increase the volume of appropriations in the Union budget, and this development would strengthen its strategic autonomy without necessarily increasing the overall burden of public expenditure within the EU;
Amendment 49 #
2018/0166R(APP)
Paragraph 5
5. Underlines, furthermore, the importance of the horizontal principles that should underpin the MFF and all related EU policies; reaffirms, in this context, its position that the EU must deliver on its commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) and deplores the lack of a clear and visible commitment to that end in the MFF proposals; requests, therefore, the mainstreaming of the SDGs into all EU policies and initiatives of the next MFF; further emphasises that the elimination of discrimination is vital to fulfil the EU’s commitments towards an inclusive Europe and deplores the lack of gender mainstreaming and gender equality commitments in EU policies, as presented in the MFF proposals; underlines also its position that, followingthat to reach the obligations of the Paris Agreement, climate-related spending should be significantly increased to at least 30% in comparison with the current MFF and reach 30 % as soon as possiblewith a swift achievement of 30%, both annually and atfor the latest by 2027MFF as a whole;
Amendment 123 #
2018/0166R(APP)
Paragraph 14 – point xviii a (new)
xviii a. Further reinforce the ‘Fiscalis’ programme for cooperation in the field of taxation;
Amendment 127 #
2018/0166R(APP)
Paragraph 14 a (new)
14 a. Underlines the essential role played by the decentralised agencies in aiding the Union and the Member States make informed, science-based decisions, actively contributing to the implementation of Union policies and enhancing cooperation between Member States to address the concerns of Union citizens; stresses for at least the stability of envelopes in real terms of agencies that have been entrusted with additional tasks particular where recent legislative proposals foresee new activities for an agency including but not limited to fundamental rights, security and migration, environment, climate, health and safety and urges this is accurately reflected in the grouping of agencies;
Amendment 149 #
2018/0166R(APP)
Paragraph 18 – point ii
iii. The relevant Commission proposal to be presented in time for the next Parliament and Commission to conduct a meaningful adjustment of the 2021-2027 framework, and no later than 1 January 20234;
Amendment 234 #
2018/0166R(APP)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to fulfil the Union’s commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) including gender equality, the MFF revision shall be prepared taking into account progress made in its implementation into all EU policies and initiatives of the 2021-2027 MFF, measured on the basis of performance indicators elaborated by the Commission; the MFF revision shall also be prepared taking into account progress made in swiftly achieving at least 30% climate-related spending, also measured on the basis of performance indicators.
Amendment 263 #
2018/0166R(APP)
Proposal for a regulation
Chapter 4 – Article 16
Chapter 4 – Article 16
Before 1 January 2024, the Commission shall present a review of the functioning of the MFF. This review shall, as appropriate, be accompanied by relevant proposalslegislative proposal for the revision of this Regulation in accordance with the procedures set out in the TFEU based on a review of the functioning of the MFF. Without prejudice to Article 6 of this Regulation, preallocated national envelopes shall not be reduced through such a revision. The proposal shall be prepared taking into account an assessment of the target of at least the 30% climate-related spending and the mainstreaming of the UN Sustainable Development Goals, including gender equality.
Amendment 32 #
2018/0165(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is relevant to acknowledge the inclusion in Regulation (EU) 2017/1129[1] of the EU Growth Prospectus, which applies to SMEs that issue capital on the markets. The EU Growth Prospectus is a condensed form of the full Prospectus, which includes essential information and documentation. The EU Growth Prospectus is shorter and therefore cheaper to produce, reducing costs for SMEs. SMEs may choose to use the EU Growth Prospectus. Moreover, in offers of securities up to EUR20 million any issuer may also choose to use the EU Growth Prospectus unless they are going for admission to trading to a regulated market. This covers issuers whose public offers might be admitted to trading on an SME Growth Market, as well as issuers that make public offers that will not be traded on an exchange. Alternatively, issuers may choose to draw up full Prospectus under the Regulation. [1] Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC Text with EEA relevance
Amendment 39 #
2018/0165(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The use of SME growth markets should be actively promoted. Many SMEs are still not aware of the existence of this new category trading venue. To solve this situation, the Commission, in close cooperation with the competent national authorities and organisations representing SMEs should conduct awareness-raising campaigns to inform the SMEs about the possibilities that the SMEs growth markets offer.
Amendment 41 #
2018/0165(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The current less stringent requirements for SME growth markets issuers to produce, in accordance with Article 18(6) of Regulation (EU) No 596/2014, an insider list only upon the request of the competent authority, is of limited practical effect, because those issuers are still subject to ongoing monitoring of the persons who qualify as insiders in the context of ongoing projects. The existing alleviation should therefore be replaced by the possibility for SME growth markets issuers to maintain only a list of permanent insiders, which should include persons who have regular access to inside information due to their function or position within the issuer. The listing alleviation rules should also be in the form of a list of selected criteria and voluntary best practices that all trading venues may follow. Calibration of each criterion should remain at local level under the responsibility of market operators together with their regulators.
Amendment 55 #
2018/0165(COD)
1. in the first subparagraph of paragraph 1, the following points d isand d a are added:
Amendment 56 #
2018/0165(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) No 2017/1129
Article 14 – paragraph 1 – subparagraph 1 – point d a (new)
Article 14 – paragraph 1 – subparagraph 1 – point d a (new)
(da) The listing alleviation rules shall be in the form of a list of selected criteria and voluntary best practices that all trading venues may follow. Calibration of each criterion shall remain at local level under the responsibility of market operators together with the competent regulatory authorities.
Amendment 58 #
2018/0165(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 20 #
2018/0164(CNS)
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
Having regard to the European Parliament legislative resolution of 3 October 2018 on the proposal for a Council directive amending Directive 2006/112/EC as regards harmonising and simplifying certain rules in the value added tax system and introducing the definitive system for the taxation of trade between Member States (COM(2017)0569 – C80363/2017 –2017/0251(CNS));
Amendment 21 #
2018/0164(CNS)
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
Having regard to the European Parliament legislative resolution of 3 October 2018 on the proposal for a Council directive amending Directive 2006/112/EC as regards rates of value added tax (COM(2018)0020 –C8- 0023/2018 – 2018/0005(CNS));
Amendment 22 #
2018/0164(CNS)
Proposal for a directive
Citation 5 c (new)
Citation 5 c (new)
Having regard to the European Parliament legislative resolution of 3 July 2018 on the amended proposal for a Council regulation amending Regulation (EU) No 904/2010 as regards measures to strengthen administrative cooperation in the field of value-added tax (COM(2017)0706 – C8-0441/2017 – 2017/0248(CNS));
Amendment 25 #
2018/0164(CNS)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to guarantee an efficient cooperation between Member States, the Commission shall guarantee the transparency of the system, notably with the annual compulsory publication of frauds committed in each Member State. Transparency is also important in order to understand the scale of the fraud, to raise the awareness of the general public and to put pressure on Member States.
Amendment 29 #
2018/0164(CNS)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) A high level of non-compliance generates not only economic losses for compliant taxable persons but also threatens the cohesion and coherence of the fiscal system and creates a generalised feeling of unfairness through the distortion of competition. An efficient and understandable system is key to generating public revenues and to ownership by both citizens and companies.
Amendment 30 #
2018/0164(CNS)
Proposal for a directive
Recital 25 b (new)
Recital 25 b (new)
(25 b) As tax authorities in the Member States of consumption's reactions will be slower and their means of action more limited, given that most of the relevant data and auditing powers will be in the hands of the Member State of identification, a compensation mechanism shall be put in place in order to safeguard VAT revenues and incentivise Member States of identification to act.
Amendment 31 #
2018/0164(CNS)
Proposal for a directive
Recital 25 c (new)
Recital 25 c (new)
(25 c) In order to compensate for sudden shocks to VAT revenues across Member States arising from fiscal losses directly and solely caused by the switch to the new regime introduced by this Directive, the Commission shall establish a dedicated compensation mechanism, operational for two years after the entry into force of this Directive. The compensation mechanism shall be financed by the Member States of identification who fail to act on VAT fraud or who are not efficient at VAT collection.
Amendment 32 #
2018/0164(CNS)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) Statistics show that fraudsters take advantage of the weakness of the system and follow the development of the economy as well as the dynamic growth of demand for certain supplies. It is therefore necessary to set up a system dynamic enough to cope with harmful practices and to reduce the level of both voluntary (fraud) and involuntary non- compliance.
Amendment 33 #
2018/0164(CNS)
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26 b) With particular focus on the needs of SMEs engaging in intra-Community cross-border businesses and in order to facilitate trade and increase legal certainty in the single market, the Commission, in cooperation with Member States, should establish a comprehensive and publicly accessible Union VAT Web information portal for businesses. That multilingual portal should provide quick, up-to-date and accurate access to relevant information about the implementation of the VAT system in the different Member States and in particular about the correct VAT rates for different goods and services in the different Member States, as well as the conditions for zero-rate. Such a portal might also help to address the current VAT gap.
Amendment 34 #
2018/0164(CNS)
Proposal for a directive
Recital 26 c (new)
Recital 26 c (new)
(26 c) The One Stop Shop is the core of the new destination-based system without which complexity of the VAT system and the administrative burden would increase significantly. To ensure interoperability, ease of use and future fraud-proofing, OSS for businesses should operate with a harmonised cross-border IT system, based on common standards and allowing for automatic retrieval and input of data, for example, through the use of unified standard forms.
Amendment 40 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2006/112/EC
Article 13a – paragraph 2 a (new)
Article 13a – paragraph 2 a (new)
2 a. In order to ensure a harmonised interpretation in the granting of the certified taxable person status, the Commission shall adopt by means of an implementing act further guidance for Member States regarding the evaluation of those criteria, which shall be valid across the Union. The first implementing act shall be adopted no later than one month after the entry into force of this Directive.
Amendment 47 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2006/112//EC
Article 13a – paragraph 5
Article 13a – paragraph 5
5. Where the application is refused, the grounds for refusal shall be notified by the tax authorities to the applicant together with the decision. Member States shall ensure that the applicant is granted a right of appeal against any decision to refuse an application. An appeal procedure harmonised at the Union level shall be established by 1 June 2020 by means of an implementing act, and shall include the obligation for Member States to inform other Member States of that refusal and the reasons accompanying that decision through their tax authorities. The appeal procedure shall be initiated within a reasonable time of the announcement of the decision to the applicant, to be determined by the implementing act, and should take into account any implemented remedy procedure.
Amendment 52 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2006/112/EC
Article 13a – paragraph 6
Article 13a – paragraph 6
6. The taxable person who has been granted the status of certified taxable person shall inform the tax authorities without delay of any factor arising after the decision was taken, which may affect or influence the continuation of that status. The tax status shall be withdrawn by the tax authorities where the criteria set out in paragraph 2 are no longer met. Where the status of a certified taxable person is granted, that information shall be made available via the VIES system. Changes to that status shall be updated in the system without delay.
Amendment 62 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 50 a (new)
Article 1 – paragraph 1 – point 50 a (new)
Directive 2006/112/EC
Article 100 – paragraph 1 a (new)
Article 100 – paragraph 1 a (new)
(50 a) In Article 100, a new paragraph 1a is inserted: "The Commission is empowered to amend the scope of Annex IIIa by means of an implementing act, when necessary and provided there is evidence related to distortion of competition justifying the update of the list of supplies of goods and services."
Amendment 70 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 169 a (new)
Article 1 – paragraph 1 – point 169 a (new)
Directive 2006/112/EC
Article 404
Article 404
(169 a)Article 404 Every four years starting from the adoption of this Directive, the Commission shall, on the basis of information obtained from the Member States, present a reportis replaced by the following "Article 404 By two years after the date of entry into force of this Directive, and every three years thereafter, the Commission shall forward to the European Parliament and to the Council on the operation of the common system of VAT in the Member States and, in particular, on the operation of the transitional arrangements for taxing trade between Member States. That report shall be accompanied, where appropriate, by proposals concerning the definitive arrangements. a report on national practices as regards the imposition of administrative and criminal penalties on legal and natural persons found guilty of VAT fraud. The Commission shall work with the competent national and European authorities to follow up, if appropriate, the recommendations designed to bring about a minimum degree of harmonisation. Every three years, each Member State shall submit a report assessing the effectiveness of the VAT fraud monitoring system to the Commission, which shall forward it to OLAF." Or. en (https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006L0112)
Amendment 72 #
2018/0164(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 173 a (new)
Article 1 – paragraph 1 – point 173 a (new)
Directive 2006/112/EC
Article 411a
Article 411a
(173 a)The following new Article 411a is inserted: "Article 411a By 1 June 2020, the Commission, in cooperation with the Member States, shall establish a comprehensive, multilingual and publicly accessible Union VAT Web Information Portal on which businesses and consumers can quickly and effectively obtain accurate information on VAT rates – including which goods or services benefit from reduced rates or exemptions – and all relevant information on the implementation of the definitive VAT system in the different Member States. In complement to the Portal, an automated notification mechanism shall be set up. That mechanism shall ensure automatic notifications to tax payers on changes and updates to the VAT rates of Member States. Such automatic notifications shall be activated before the change becomes applicable and at the latest five days after the decision has been taken."
Amendment 73 #
2018/0164(CNS)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Regulation (EU) No 904/2010
Article 34
Article 34
Article 34 1. Member States shall participate in the Eurofisc working fields of their 1 a (new) Amendment to Regulation (EU) No 904/2010 Article 34 is replaced by the following: "Article 34 1. The Commission shall provide Eurofisc with the necessary techoniceal and may also decide to terminate their participation thereinlogistical support. The Commission shall have access to the information referred to in Article 1, which may be exchanged over Eurofisc, for the circumstances provided for in Article 55(2). 2. Member States shaving chosen to take partll participate in athe Eurofisc working fields and Member States shall actively participate in the multilateral exchange of targeted information between all participating Member Statesinformation. 3. Eurofisc working field coordinators may, on their own initiative or on request, forward relevant information on the most serious cross-border VAT offences to Europol and the European Anti-Fraud Office (‘OLAF’). 34. Information exchanged shall be confidential, as provided for in Article 55. Eurofisc working field coordinators may ask Europol and OLAF for relevant information. Eurofisc working field coordinators shall make the information received from Europol and OLAF available to the other participating Eurofisc liaison officials; this information shall be exchanged by electronic means." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32010R0904)
Amendment 74 #
2018/0164(CNS)
Proposal for a directive
Article 1 b (new)
Article 1 b (new)
Regulation (EU) No 904/2010
Article 49a
Article 49a
Article 1 b Amendment to Regulation (EU) No 904/2010 (2) The following new Article 49a is added: "Article 49a Member States and the Commission shall establish a common system of collecting statistics on intra-Community VAT fraud and involuntary non-compliance and shall publish on a yearly basis national estimates of VAT losses resulting from that fraud, as well as estimates for the Union as a whole. The Commission shall adopt, by means of implementing acts, the practical arrangements for such a statistical system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2)."
Amendment 75 #
2018/0164(CNS)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a Customs transit system Two years after the expiry of the transposition date of this Directive, the Commission shall submit a report to the European Parliament and the Council on the consequences of the introduction of the definitive system on the customs transit system in the European Union. The Commission shall propose, where appropriate, amendments to the relevant EU legislation, including this directive.
Amendment 241 #
2018/0063(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The importance placed by the Union legislature on the protection provided for consumers in Directive 2014/17/EU of the European Parliament and of the Council 29 , Directive 2008/48/EC of the European Parliament and of the Council 30 and Council Directive 93/13/EEC 31 means that the assignment of the creditor's rights under a credit agreement or of the agreement itself to a credit purchaser should not affect the level of protection granted by Union law to consumers in any way. Credit purchasers and credit servicers should therefore comply with Unionapplicable Union and national law as applicable to the initial credit agreement and the consumborrower should retain the same level of protection as provided under Unionapplicable Union and national law or as determined by Union or national conflict of law rules regardless of the law applicable to the credit purchaser or credit servicer. Also, the Directive does not affect the restrictions in the national law with regard to the transfer of non-performing credit agreements that are not past due or are less than 90 days past due and the assignment of creditors’ rights under such non-performing credit agreements. This way, there will be Member States where, taking into account the national rules, the acquisition of non-performing credit agreements that are not past due or are less than 90 days past due by non- regulated creditors will remain limited. It is open to Member States to regulate the transfer of performing credit agreements, including by imposing requirements equivalent to those under this Directive. _________________ 29Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 30Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 60/34, 22.5.2008, p. 66). 31Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 276 #
2018/0063(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. This Directive shall not affect the restrictions in the Member States national laws regarding the transfer of creditor’s rights under a non-performing credit agreement that is not past due or is less than 90 days past due, or the transfer of such a non-performing credit agreement.
Amendment 84 #
2018/0060(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The longer an exposure has been non-performing, the lower the probability for the recovery of its value. Therefore, the portion of the exposure that should be covered by provisions, other adjustments or deductions should increase with time, following a pre-defined calendar. For NPEs purchased by an institution, given that the transaction is executed on the basis of a price taking into account the likelihood and magnitude of loss, the calculation of the vintage should be reset to zero on the date of purchase, instead of continuing the calendar from the date the exposures were originally classified as a NPEs on the balance sheet of the seller;
Amendment 138 #
2018/0060(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47a – paragraph 2 – subparagraph 3 a (new)
Article 47a – paragraph 2 – subparagraph 3 a (new)
By way of derogation from the first subparagraph the exposure value of a non-performing exposure purchased by an institution may be its nominal value without taking into account any specific credit risk adjustments, additional value adjustments in accordance with Articles 34 and 105, amounts deducted in accordance with Article 36(1)(m),or other own funds reductions related to the exposure or partial write-offs made by the credit institution since the last time the exposure was classified as non- performing. Where required to ensure appropriate coverage of risks, competent authorities may force institutions to use instead the accounting value pursuant to the first subparagraph.
Amendment 168 #
2018/0060(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 1 – subparagraph 1 – introductory part
Article 47c – paragraph 1 – subparagraph 1 – introductory part
For the purposes of Article 36(1)(m), institutions shall determine the applicable amount of insufficient coverage for non- performing exposures at the applicable consolidation level to be deducted from Common Equity Tier 1 items by subtracting the amount determined at the applicable consolidation level in point (b) from the amount determined in point (aat the applicable consolidation level in point(a), where the amount referred to in point (a) exceeds the amount referred to in point (b):
Amendment 220 #
2018/0060(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Regulation (EU) No 575/2013
Article 47c – paragraph 2 – point c
Article 47c – paragraph 2 – point c
(c) 1 for the unsecured part of a non- performing exposure to be applied as of the first day of the secondfourth year following its classification as non-performing, where the obligor is past due more than 90 days except for retail consumer credits for which the factor 1 will be applied as of the first day of the sixth year following its classification as non-performing;
Amendment 35 #
2018/0006(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2006/112/EC
Article 284 – paragraph 1 – subparagraph 2
Article 284 – paragraph 1 – subparagraph 2
Member States may fix varying thresholds for different business sectors based on objective criteria. However, those thresholds shall be no higher than EUR 850 000 or the equivalent in national currency.
Amendment 50 #
2018/0006(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2006/112/EC
Article 294e – paragraph 1
Article 294e – paragraph 1
Member States mayshall release exempt small enterprises from the obligation to submit a VAT return laid down in Article 250, notwithstanding the right of an exempted small enterprise to submit a VAT return.
Amendment 54 #
2018/0006(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2006/112/EC
Article 294i a (new)
Article 294i a (new)
Article 294i a The Commission shall carry out an impact assessment on the introduction of a one-stop shop through which small enterprises can file VAT returns of the different Member States in which they are operating.
Amendment 58 #
2018/0006(CNS)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 30 June 2022 at the latest1 December 2019, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall communicate to the Commission the text of those provisions without delay.
Amendment 60 #
2018/0006(CNS)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1 Julanuary 20220.
Amendment 30 #
2018/0005(CNS)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) A number of economic activities within the Union have focused on sustainable development based on a greener economy on the one hand and inclusive growth on the other. These areas are of key importance in the sustainable development of rural and outlying areas, contributing to the economic and social revitalisation of rural areas. Given their close attachment to social, health, environmental, nutritional, cultural and gender equality issues, their specific activities are fully in line with ‘Strategy 2020’ ambitions and Commission objectives. In this connection, Member States should therefore seize the opportunities offered by Article 98 (1) and (2) of this Directive, provided that they respect its principles, taking particular account of the budgetary implications for their public finances and for the Union.
Amendment 14 #
2017/2258(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the EU-Africa Summit in Abidjan on 29 and 30 November 2017 confirmed the will to establish a genuine, modernised, globalised and ambitious partnership, creating the political and economic conditions for real equality;
Amendment 19 #
2017/2258(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas there is a need to develop a market economy in partner countries, while taking into account new circumstances and new economic stakeholders on the international arena;
Amendment 21 #
2017/2258(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the effect of Brexit on the EU budget will be between 12 and 15%, given the lack of UK involvement beyond 2020;
Amendment 26 #
2017/2258(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EIB Group’s risk management experience is reassuring for foreign investors; whereas expertise in financial analysis, project assessment, financial instruments and investment products provides security for donors;
Amendment 29 #
2017/2258(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the establishment of an EIB subsidiary in Brussels as a development bank working in close cooperation with the Commission in Brussels and EU delegations in partner countries would be an asset, supporting economic development and investment promotion policy;
Amendment 47 #
2017/2258(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that evaluations carried out on the Development Cooperation Instrument (DCI), the EDF and the Humanitarian Aid Instrument (HAI) show that these instruments’ objectives were largely relevant to the policy priorities at the time of their design and that they are generally fit for purpose and aligned with the values and objectives of the SDGs; points out that the annual funding gap for attainment of the SDGs is USD 200 billion;
Amendment 48 #
2017/2258(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that, in order to ensure resilience, there is a need to enhance the complementarity and synergies between the various instruments;
Amendment 55 #
2017/2258(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that there are cases where budget support has proved to be inefficient and/or has not led to strengthened policy dialogue at country level, and calls for better monitoring of this kind of aidbudget support makes partner-country ownership possible and has the advantage of being flexible and efficient;
Amendment 63 #
2017/2258(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that Commission working documents show that amounts paid are fairly low compared with amounts committed; notes that, despite efforts to simplify them, procedures are still burdensome for stakeholders on the ground; is concerned that this situation (unspent amounts on the one hand, red tape on the other) could, where development assistance is concerned, result in a loss of credibility for the EU in the eyes of our partners, who may sometimes think that the procedures are designed to be burdensome so that the amounts committed will not need to be disbursed; emphasises that there is a major problem where ‘competition’ for development assistance is concerned; calls, therefore, for: – better communication on funding options, to ensure our partners are informed; – training on compiling EU files to be provided for local stakeholders, including civil servants, to ensure that they are in the best position to fulfil the criteria and therefore increase their chances of making successful applications for their projects; notes that such training could also be geared towards improving responses to calls for projects from other international organisations;
Amendment 108 #
2017/2258(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that people and communities should remain the core targets and stakeholders of the HAI, and that a flexible, coordinated, context-specific approach that takes on board the views of local communities and civil society actors should be adopted in all circumstances;
Amendment 149 #
2017/2258(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to implement the HAI in a way consistent with the commitments agreed in the Grand Bargain and with the conclusions of the European Court of Auditors’ Special Report No 15/201610; calls on the Commission, in particular, to increase transparency in the strategic programming and funding selection procedure, pay due attention to the cost-efficiency of actions, without compromising the objectives of humanitarian aid and the desire to help the most vulnerable, improve monitoring during implementation, allocate greater funding for national and local responders, cut bureaucracy through harmonised reporting requirements, and make provision on a multiannual basis in terms of strategy, programming and funding, so as to ensure greater predictability, flexibility, rapidity and continuity in humanitarian response; _________________ 10 European Court of Auditors, Special Report No 15/2016, ‘Did the Commission effectively manage the humanitarian aid provided to populations affected by conflicts in the African Great Lakes Region?’, 4 July 2016
Amendment 151 #
2017/2258(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
Amendment 153 #
2017/2258(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to ensure that, in addition to immediate response to humanitarian crises, the HAI builds upcontribute to the implementation of the humanitarian-development nexus by ensuring that, in addition to immediate response to humanitarian crises, the HAI can participate, in a coordinated way with the EDF and the DCI, to strengthening resilience to future shocks, providesing longer-term development benefits and keepsing a focus on forgotten crises;
Amendment 155 #
2017/2258(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Recalls that development is complementary to humanitarian aid, with a view to preventing shocks and crises;
Amendment 170 #
2017/2258(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that the reduction and, in the long term, the eradication of poverty, together with sthe implementation of the Sustainable dDevelopment, should remain Goals (SDGs), the Paris Agreement and the protection of global commons should constitute the primary objectives of the EU’s development policy and of its development instruments, with special attention paid to those most at risk;
Amendment 178 #
2017/2258(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Reminds Member States of the need to respect their commitment to devote 0.7% of their GNP to development aid; is of the opinion that special attention should be given in the future financial architecture to investments by the private sector, facilitating the long-term development of local capital markets and maximising the impact of official development assistance;
Amendment 186 #
2017/2258(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Highlights that any gain in terms of financial flexibility and simplification should not be achieved at the expense of less monitoring and scrutiny capacity on the part of the co-legislator; believes that the external financing architecture must be flexible and modern, allowing the optimisation of development resources and results for the partner countries;
Amendment 197 #
2017/2258(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reiterates that EDF budgetisation would bring advantages such as stronger democratic legitimacy and scrutiny of the instrument, a better take-up rate, and enhanced visibility and transparency, leading to a better vision of Community expenditure in this area, as well as an increase in the efficiency and effectiveness of EU development aid; that parliamentary debates on co-operation policies contribute to the acceptance by citizens of the realisation of these policies;
Amendment 201 #
2017/2258(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Stresses that EDF budgeting must be accompanied by safeguards to prevent transfers from the EDF to other budget headings; that the African Peace Facility (APF) must remain outside the budget as part of a specific instrument;
Amendment 202 #
2017/2258(INI)
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44b. Stresses that budgetisation of the EDF will have to take into account the possible involvement of third-country donors in the financing of EU development cooperation programmes;
Amendment 203 #
2017/2258(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Considers that the open-ended nature of the HAI has led to positive outcomes; recommends, therefore, keeping separate instruments and budgets for humanitarian and development action, while also keeping strong, strategic links between these two areas; recalls, however, that Parliament will call for changes in the HAI to adapt it to the distribution of powers derived from the TFEU whenever a revision of the HAI takes place;
Amendment 204 #
2017/2258(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
Amendment 6 #
2017/2253(INI)
Motion for a resolution
Recital B
Recital B
B. whereas equivalence, and passporting rights and mutual recognition are distinctly different concepts, providing different rights to and obligations for financial institutions and market participants;
Amendment 38 #
2017/2253(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas it is necessary for the purposes of the Union's financial stability to fully consider the interconnectedness between third country markets and the EU's single market;
Amendment 56 #
2017/2253(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. NoteRecalls that the Member States may not always entirely support international cooperkey objective of EU legislation owing to concerns about the protection of national interests anhe area of financial services is to safeguard the finherent incentive to shift risks to other jurisdictancial stability of the Unions;
Amendment 68 #
2017/2253(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that, in many cases, the granting of equivalence is a unilateral and discretionary decision taken by the EU and is not applied in a reciprocal manner by third countries; considers that international cooperation could be better advanced by dint of international agreements negotiated between the EU and third countries; notes that, unlike equivalence, international agreements can provide mutual access between the EU and third countries for financial institutions and for the mutual recognition of rules;
Amendment 78 #
2017/2253(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. emphasises that the EU should encourage other jurisdictions to grant access to their financial markets to EU market participants;
Amendment 100 #
2017/2253(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that one of the key objectives for equivalence is to promote regulatory convergence on the basis of international standards, while maintaining the ability to safeguard the stability of EU financial markets;
Amendment 105 #
2017/2253(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that, as it stands, the EU’s process for granting equivalence lacks certainty and sufficient transparency, and requires a structured and practical framework outlining clear procedurin some cases clarity, with regards to procedures underlying the recognition of third countries supervisory frameworks; takes the view that guiding principles should underline the EU's equivalence regimes, whereby the process would be more transparent and provide greater clarity for third countries;
Amendment 114 #
2017/2253(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that equivalence decisions and international agreements should be objective, proportionate, risk- sensitive and be taken in the best interests of the Union and its citizens;
Amendment 129 #
2017/2253(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 140 #
2017/2253(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the Commission has the right to withdraw equivalence decisions, and believes that Parliament should be consulted in a timely manner bethe Commission should explain in detail to Parliament the reasons fore such a withdrawal decision isbeing taken; calls for the introduction of clear procedures and timelines governing the adoption, withdrawal or suspension of equivalence decisions;
Amendment 149 #
2017/2253(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned that there is no consistent framework for ongoing supervision of an equivalent third country’s regime; considers that the European Supervisory Authorities (ESAs) should be equipped with the power to monitor regulatory developments in third countries assess the effect such developments may have based on, inter alia, the interconnectedness of the third countries' financial system with that of the Union, and demands that Parliament should be kept informed of ongoing regulatory developments and monitoring thereof in third countries;
Amendment 160 #
2017/2253(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to adopt at least a set of guiding principles, and if appropriate, a legislative act establishing a clear frameworkapproach for a transparent, coherent and consistent application of equivalence procedures which introduces a standardised process for the determination of equivalence;
Amendment 170 #
2017/2253(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for equivalence decisions to be reviewed at least once every three years by the relevant ESA and for such reviews to be made public; highlights that such reviews should be based on, at least, the relevant legislation and its implementation, as well as the relevant supervisory practices in the third country concerned;
Amendment 173 #
2017/2253(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls furthermore on the Commission to make ad hoc assessments of equivalence provisions based on reasoned requests from the Parliament, Council, ESAs, and where relevant the ECB, NCAs and the ESRB;
Amendment 198 #
2017/2253(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls the importance of National Competent Authorities (NCAs) in the authorisation process for financial institutions that wish to delegate part of their portfolio management or risk management to service providers in third countries where the regulatory regime is comparableat the ESAs must have an ever more important role in the analysis of third country supervisory frameworks as the EU continues to build towards the completion of Capital Markets Union; calls, in this respect, for the relevant ESAs to that ofve the EU; considers that NCAs have sufficient technical knowledge and expertise to properly assess delegation approval requests; encourages the ESAs to develop further cooperation between capacity and powers to collect, collate and analyse data; recalls the importance of close cooperation between ESAs and National Competent Authorities (NCAs) in order to share best practice concerning regulatory cooperation and activities with third countries;
Amendment 2 #
2017/2226(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union;
Amendment 22 #
2017/2226(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas according to the debt sustainability analysis done by the Commission the aggregate public debt is projected to decrease slightly under 85 % of GDP by mid-2020, it is under the same scenario projected to increase again in the second half of the 2020 due to the costs of ageing resulting in public debt levels far above 60 % of GDP for the foreseeable future, while these public debt developments vary significantly across member states, due to a different composition of the population and a wide variance in the implementation of structural reforms;
Amendment 26 #
2017/2226(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the size of government debt can be affected both by contingent and implicit liabilities;
Amendment 36 #
2017/2226(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas according to Eurobarometer EU companies, particularly small and young ones, have a rather negative opinion of the quality of public administration and the ease of formalities linked to running a business;
Amendment 79 #
2017/2226(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the publication of the 2018 Annual Growth Survey (AGS) package and the proposed policy mix of investment, structural reform and fiscal consolidation, presented as a way to further promote higher growth levels and to strengthen European recovery and upward convergence; is optimistic that if Member States accelerate the implementation of structural reforms to modernise their economies and sustain sound public finances the objectives of increased growth and job creation can be achieved;
Amendment 88 #
2017/2226(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights, however, the persistent structural problem of insufficient growth of potential output and productivity, flanked by too low a level of investments and wages, leading to persistent social inequalities in some Member States; is concerned that the EU will embark on a path of low growth for a long time if it does not tackle the structural problems in the internal market;
Amendment 107 #
2017/2226(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of a wage increase at European level in order to boost private consumption as the main support for growth; points out the need to focus on the interaction between monetary, fiscal and incomes (including wage and profit development) policies rather than only fiscal issudevelopments in line with productivity; points out the need to focus on the interaction between monetary, fiscal and structural policies to be prepared for an environment of phasing out of unconventional monetary policy measures and rising interest rates;
Amendment 126 #
2017/2226(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the improvements in public finances, in particular the gradually declining debt/GDP ratiopublic debt levels for the EU and euro area and falling headline budget deficits; recalls that, while many Member States have limited fiscal leeway forcautions against too much optimism as the costs of ageing may lead to an increase in public debt levels in the medium-term; recalls that Member States need to implementing sustainable, growth- friendly structural reforms, some Member States still have large surpluses which should be used to sustain investments and growth across the EU to sustain sound public finances in the medium to long term and to create the conditions for investments and growth across the EU; calls on the Commission to broaden its debt sustainability analysis of Member States by including contingent, implicit and other off-budget obligations, and make them public;
Amendment 152 #
2017/2226(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls the importance of publicabolishing barriers to investment for boosting and leveraging investment in the EU; considers that the policy mix proposed in the AGS 2018 should be further developed to remedy the current decrease in public investment in the EUconcretely address barriers to investment such as rigidities in labour and product markets, high administrative and tax burden, and inefficient public administration; highlights that this decrease also affects local and regional authorities, threatening their ability to deliver quality public services;
Amendment 177 #
2017/2226(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that the European Semester and the Country-Specific Recommendations should achieve the objectives set out in the Pillar of Social Rightsbe fully implemented; recalls that over the past years around 50 % of CSRs have not been implemented or only with limited progress while full implementation is below 10 %;
Amendment 190 #
2017/2226(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Considers that, as a consequence of the non-binding character of Country- Specific Recommendations regarding structural reforms, responsibility for the consequences of non-implementation remains with the Member States; takes the view that the sharing of the burden of the consequences is conditional to the implementation of the Country-Specific Recommendations;
Amendment 200 #
2017/2226(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists on the need to develop within the European semester a comprehensive strategy to support investment that enhances environmental sustainability; recalls on the Commission, in this respect, to demonstrate how its statement that ‘the SDGs are now fully integrated importance of credible fiscal rules for regaining the Semester’ (Commission communication of 22 May 2017, COM(2017)0500) is reflected in Annual Growth Survey 2018 and will be reflected in the subsequent Semester procesrust of financial markets, which is fundamental to attract investments;
Amendment 232 #
2017/2226(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets thatNotes the overall neutral fiscal stance proposed in the recommendations for the euro area, even though the fiscal stance is expected to be slightly expansionary in a number of Member States in 2018, does not appear to fully support the strengthening of economic growth and job creation; stresses the importance of independent fiscal surveillance by national fiscal councils;
Amendment 279 #
2017/2226(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the tools availabproper enforcement of EU fiscal rules and Single Mare not yet equal to the task of fullyket legislation would significantly improve addressing the EU’s cyclical and structural problems, in particular the need to strengthen inclusive growth and productivity, to boost job creation, promote convergence, support sustainable investments and enhance resilience to shocks;
Amendment 292 #
2017/2226(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that a fiscal capacity – on top of existing capacities, and not through redeployments that would undermine the vital role currently played by structural funds and cohesion policy – representresilient economy and sound public finances with adequate buffers to deal with cyclical downturns are necessary tool for increasing incentives for convergence ands to counter asymmetric or symmetric economic shocks;
Amendment 342 #
2017/2226(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of an improved European Semester process, including the formalisation of the euro area aggregate fiscal stance as a key tool for policy formulation and implewhich would allow for a proper enforcement process of the fiscal and economic policy recommentdation across the EMU; calls for a broader reform of the Stability and Growth Pact (SGP) in order to improve its flexibility, to incorporate the differentiated treatment of investments and to introduce the concept of aggregate fiscal stances; stresses the need for prudent fiscal policies in anticipation of rising interest rates;
Amendment 362 #
2017/2226(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that any further step towards a deepening of the EMU must go hand in hand with stronger democratic controls; insists that, to this end, the role of the European Parliament and national parliaments must be strengthened; asks to include trade unions in the negotiationconsult the social partners in the process at both national and European level; urges the launch of the long- awaited negotiation of an interinstitutional agreement (IIA) on the Semester;
Amendment 33 #
2017/2124(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECB has missed its 2 % inflation targetinflation in the Eurozone has been significantly below 2 % in each of the four years since 2013 and forecasts that it will not reach this target beforestay below 2 % until 2020;
Amendment 45 #
2017/2124(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in 2016, the ECB’s net profit stood at EUR 1.19 mbillion compared with EUR 1.08 mbillion in 2015;
Amendment 69 #
2017/2124(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the federal naturindependence of the ECB, which in its ruoles out national vetoes, enabling it to act decisively in addressing the crisis as the euro area´s monetary authority;
Amendment 81 #
2017/2124(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Gives a positive assessment of the monetary policy pursued by the ECB in the period 2012-2016 in terms of its contribution to economic recovery by preventing deflation, preserving favourable financing conditions and maintaining financial stability and the proper functioning of the payment systems but stresses its concern regarding the potential consequences of a negative interest rate policy for individual savers and the financial equilibrium of pension schemes as well as about the build up of asset bubbles due to quantitative easing;
Amendment 114 #
2017/2124(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned that the ECB will likely not reach its inflation target for at least six consecutive years and will remain below the medium-term target level ofNotes that the inflation in the Eurozone is expected to remain below 2 % until at least 2020 despite pursuing a verya accommodative monetary policy, which indicates that the economy is not operating at full capacity by the ECB;
Amendment 120 #
2017/2124(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 138 #
2017/2124(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees with the ECB that in order to reach the inflation target, supportive fiscal policies and socially balanced productivity-enhancinga balanced mixed between fiscal policies and growth enhancing structural reforms are required;
Amendment 147 #
2017/2124(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 167 #
2017/2124(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 191 #
2017/2124(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that GDP growth in the Eurozone has been stable but modest, standing at 2 % in 2015 and 1.8 % in 2016, and that the Commission’s Spring 2017 Economic Forecast predicts that GDP growth will remain below 2 % until at least 2019;
Amendment 214 #
2017/2124(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the positive effect of the ECB monetary policy on growth, employment and the financing costs of Member States, non-financial companies and households but stresses that monetary policy will fall short if not complemented by growth-enhancing structural reforms;
Amendment 221 #
2017/2124(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that according to the ECB, economic recovery in the Eurozone has relied on the fall in oil prices and the ECB’s monetary policy, which will add a cumulative 1.7 % to growth in the period 2016-2019, with no sizable positive contribution from fiscal policy so far;been affected by the fall in oil prices
Amendment 230 #
2017/2124(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the single monetary policy alone is not sufficient to achieve a sustainable and more even and inclusive economic recovery, and that public and private investments should therefore be encouraged in the context of a moderately positive fiscal stance in the Eurozone as proposed by the Commission;cannot stimulate aggregate demand unless it is complemented by sound fiscal policies and ambitious growth enhancing structural reform programmes at Member State level; recalls that the main benefit of monetary policy is to safeguard price stability in order to guarantee a stable environment for investment; considers that monetary policy is not the appropriate tool to solve the structural problems of the European economy
Amendment 248 #
2017/2124(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Agrees with the ECB that all Eurozone countries would benefit from intensifying efforts towards achieving a more growth-friendly composition of public finances;
Amendment 252 #
2017/2124(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that while unemployment has decreased, aggregate demand in the euro area remains subdued, largely as a result of the rise in poor quality, temporary, low-paid jobs; calls on the ECB to evaluate how this phenomenon is slowing the recovery and explore ways to stimulate demand in spite of wage stagnationmany Eurozone continues to suffer from a high level of unemployment and more should be done to tackle youth unemployment and to create high quality jobs;
Amendment 263 #
2017/2124(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern that the Eurozone continues face a low level of productivity growth following a lack of investment since the beginning of the crises;is concerned that the still high level of public debt and large numbers of non- performing loans in the banking sector in some Member States are still fragmenting the financial markets, thus reducing room to manoeuvre to support the most fragile economies
Amendment 280 #
2017/2124(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the MIP foresees actions if excessive current account surpluses in some Member States must be corrected through appropriate fiscal policieare detrimental to others;
Amendment 292 #
2017/2124(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 298 #
2017/2124(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 321 #
2017/2124(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Agrees with the ECB that a bank’s profitability depends on its business model, low interest rates notwithstanding; and that the European banking sector is characterized by diversity, not least as a result of national specificities, but because it contributes to the stability of the financial system
Amendment 337 #
2017/2124(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Acknowledges that the current policy of low interest rates has a positive effect on the level of nonperforming loans (NPLs); calls for a European strategy involving a secondary market for NPLs in order to alleviate the burden of NPLs in some Member States which would include strict conditionality on progress in Member States regarding insolvency law or banks' governance;
Amendment 358 #
2017/2124(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls the ECB’s attention to the need for the sufficiently wide coverage of recent stress tests vis-à-vis the resolution or liquidation of certain banks; calls the ECB as overseer of financial market infrastructures to assess constantly the resilience of the individual cyber security systems, the network as a whole but also its own system;
Amendment 391 #
2017/2124(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. EncouragesTakes note of the possibility for the ECB to take steps to align its CSPP purchases with the EU’s commitment to tackling climate change;
Amendment 405 #
2017/2124(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Agrees that a well-functioning, diversified and integrated capital market would support the transmission of the single monetary policy; is of the opinion that the CMU plays a key role in expanding the pool of capital in the EU; calls for the full and timely completion and implementation of the capital markets union and the banking union;
Amendment 416 #
2017/2124(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the positive opinion of the ECB on the quickConsiders that establishment of the European deposit insurance scheme (EDIS) as the third pillar of a fully-fledged banking union; stresses that the EDIS willcould further help to enhance and safeguard financial stability; underlines the importance of risk reduction measures preceding further risk sharing
Amendment 422 #
2017/2124(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 443 #
2017/2124(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Agrees with the ECB on the importance of physical money as the only legal tender, and reminds all Eurozone countries that euro coins and banknotes must not be rejected in transactions;
Amendment 469 #
2017/2124(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. UrgeAsks the ECB to support Greece, for example through ensuring the eligibility of Greek companies for the CSPP and the inclusion of Greek sovereign bonds in the APPcontinue providing the necessary support with any Member State of the Eurozone or to the area as a whole in accordance with the Treaty;
Amendment 494 #
2017/2124(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Believes that ECB profits from seigniorage revenue shcould be considered an EU budgetary resource, since they are directly linked to a fully developed, sui generis European policy;
Amendment 513 #
2017/2124(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Considers that the ECB’s growing number of responsibilities and tasks necessitate greater ECB transparency and accountability towards Parliamentgoes hand in hand with a growing accountability towards Parliament in association with the CJEU, the European Ombudsman, the European Court of Auditors, the OLAF and the European Data Protection Supervisor;
Amendment 520 #
2017/2124(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Is aware of the growing expectation among the citizens in terms of accountability;considers that accountability of the euro area tasks should be done by a euro area composition of the European Parliament;
Amendment 46 #
2017/2114(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas in 2016 only 2 % of country-specific-recommendations (CSRs) have been fully implemented, 43 % with some progress and 45 % with limited or no progress;
Amendment 69 #
2017/2114(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the good performance of the European economy, supported by moderate GDP growth and decreasing, yet still high, unemployment rates; considers that the positive trend is due to the right policy mix in the past years; notes that the modest recovery, however, remains fragile and that the development of GDP per capita is close to stagnation;
Amendment 87 #
2017/2114(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission and the Member States to consider the challenges linked to ageing societies as a matter of priority;
Amendment 94 #
2017/2114(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that a greater degree of upward convergence improving overall competitiveness would be needed to sustain the economic recovery in the EU and the euro area in the longer term;
Amendment 119 #
2017/2114(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that the correct implementation of EU law is a basic instrument for economic convergence inside the EU and the Eurozone, and calls for stronger enforcement and public pressure from the Commission on infringing Member States;
Amendment 131 #
2017/2114(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the uneven growth and employment situation in the euro area requires better coordination of structural reforms, in particular through improved implementation of the country-specific recommendations (CSR); notes that in 2016 55 % of CSRs have not been implemented or only seen limited progress, and only 2 % have been fully implemented; warns that the low implementation rate of CSRs jeopardizes the convergence process in the euro area and hinders growth and job creation;
Amendment 135 #
2017/2114(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that youth unemployment remains excessively high across the countries of the Euro area;points out that elevated and persistent youth unemployment represents a dangerous long-term structural risk to the economy of the Euro area;considers that specific policies must be developed and implemented to tackle this;
Amendment 155 #
2017/2114(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Considers that, as a consequence of the non-binding character of CSR's, responsibility for the consequences of non-implementation towards their population remains with the Member States;takes the view that the sharing of the burden of the consequences is conditional to the implementation of the CSR's;
Amendment 192 #
2017/2114(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance ofat wage developments in line withshould not outstrip productivity;
Amendment 210 #
2017/2114(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the lack of competitiveness and investment in the EU is, in part, linked to a general tax burden that is 10 to 15 % higher than in competing markets, creating hindering tax wedges on companies, investments and labour; believes that moderately lowering the tax burden on labour would increase employment and foster growth;
Amendment 213 #
2017/2114(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes that difficulties in access to finance faced by companies across the EU, in particular by small and medium- sized enterprises, represents an obstacle to the overall competitiveness of the euro area;considers the implementation of measures to improve access to finance a key priority for the improvement of competitiveness in the euro area;
Amendment 219 #
2017/2114(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Considers the deepening of the single market to be a major contributor to the economic development of the euro area;notes that administrative, legal and financial obstacles remain to cross-border economic activity, which represent a particular burden to small and medium- size enterprises;considers that steps should be taken for the harmonisation of administrative, legal and financial requirements for cross-border economic activity;
Amendment 223 #
2017/2114(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Emphasises that excessive and inefficient government bureaucracy represents an obstacle to business across the EU, being particularly burdensome to small and medium-sized enterprises, and could represent a barrier to entry;considers that measures need to be implemented to streamline government bureaucracy and make it more efficient;stresses that digitalisation of such bureaucracy would be a welcomed step forward;
Amendment 246 #
2017/2114(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that reforms removing investment bottlenecks would allow for immediate support for economic activity and at the same time set the conditions for long-term growth; stresses that the completion of the Capital Markets Union is a crucial factor to attract and to increase investment, and improve the financing of growth and jobs;
Amendment 250 #
2017/2114(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers research, technology and education to be of vital importance to the long-term economic development of the Euro area;stresses the vast disparities between member states in investment in these areas;notes that investment in these areas can contribute to the development of innovation in the EU;considers that member states should take active measures to meet their target gross domestic expenditure on research and development in the context of the Europe 2020 Strategy;
Amendment 298 #
2017/2114(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the fact that deficits in the euro area are projected to decline; is concerned, however, that this process is slowing down and agrees that government debt remains too high in some Member States impeding on investment and growth and making them vulnerable to interest rate shocks;
Amendment 337 #
2017/2114(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recalls the assessment of the European Fiscal Board of 20 June 2017, which concludes that in 2018 there is neither the case for a discretionary fiscal impulse nor for a fiscal contraction;supports its recommendation to recompose government expenditure towards higher investment spending in full compliance with the SGP;
Amendment 361 #
2017/2114(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recognises that Member States have made progress in the area of fiscal policy and active labour market policies, while least progress was made in areas such as competition in services and the business environment, constituting a significant portion of the EU economy, and the business environment; calls on the Commission to enforce the implementation of the CSRs, where possible, through the fiscal and macroeconomic surveillance framework; calls on the Commission to propose a binding legal framework enabling the enforcement of all CSRs; expects a greater commitment on the part of Member States to take the necessary policy actions based on the CSRs;
Amendment 392 #
2017/2114(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it of great importanceessential therefore that all Member States take the necessary policy action to address imbalances, in particular high levels of indebtedness, and commit to structural reforms ensuring the economic sustainability of each individual Member State, thereby ensuring the overall competitiveness and resilience of the European economy;
Amendment 402 #
2017/2114(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Considers that the implementation of country-specific recommendations launched in the framework of the European Semester is crucial to addressing imbalances in the Euro area;notes that the voluntary nature for the implementation of the recommendations represents a vulnerability for the Euro area as a whole;calls on the Commission to make the country-specific recommendations binding;
Amendment 1 #
2017/2083(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Africa Action Summit which took place on 16 November 2016, consolidating the African dimension of the COP 22
Amendment 3 #
2017/2083(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to the conclusions of the 4th EU-Africa summit held in Brussels on 2 and 3 April 2014, the roadmap for the format of the meetings (Cairo format) and the areas of cooperation between the two continents for the period 2014-2017 and the EU-Africa declaration on migration and mobility,
Amendment 10 #
2017/2083(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ties between the European Union (EU) and African countries are historic and, their destinies are intimately linked and many Europeans are of African origin and, in certain countries, have dual nationality; whereas the EU is Africa’s main partner in the fields of economic activity and trade, as well as development, humanitarian aid and security; whereas political, economic and social situations in Africa have evolved considerably in recent years;
Amendment 11 #
2017/2083(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ties between the European Union (EU) and African countries are historic and their destinies are intimately linked; whereas the EU is Africa’s main partner in the fields of economic activity and trade, as well as development, humanitarian aid and security; whereas political, economic and social situations in Africa have evolved considerably in recent years; whereas there is a need to adapt to new realities and to new players on the international scene; whereas there is a need to impress a new vision on the Africa-EU Partnership
Amendment 17 #
2017/2083(INI)
Motion for a resolution
Recital B
Recital B
B. whereas relations between the EU and Africa must be guided by principles of mutual interest and understanding and by shared common values within the framework of a strengthened reciprocal partnership;
Amendment 21 #
2017/2083(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Cotonou Agreement with the EU, to which 79 ACP States are parties, including 48 in sub-Saharan Africa, governs the main partnership between the EU and Africa; whereas there is a need to move towards a modernised and more political partnership, with a focus on defending our key common interests; whereas the EU has also established relations with African countries that are not parties to the Cotonou Agreement under the European Neighbourhood Instrument (ENI) and the Development Cooperation Instrument (DCI);
Amendment 23 #
2017/2083(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the next Africa-EU Summit, which will take place in Abidjan on 29 and 30 November 2017 on the topic of ‘Investing in Youth’, is an opportunity to create, support and develop economic conditions of true equality between partners wanting to defend key common interests;
Amendment 24 #
2017/2083(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a stable regulatory and institutional environment and a healthy economy are essential elements for ensuring competitiveness, investments, job creation, a higher standard of living and sustainable growth;
Amendment 26 #
2017/2083(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the new joint Africa-EU strategy must be included in the future Post-Cotonou agreement;
Amendment 31 #
2017/2083(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU is a major guarantor of the security of the continent of Africa and whereas instability in Africa has a direct impact on stability in Europe; whereas constant support for the effective implementation of the African Peace and Security Architecture is essential.
Amendment 33 #
2017/2083(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the paucity of employment opportunities, owing to the economic situation in some countries, could cause part of the population to migrate, sometimes illegally, particularly to the EU, and whereas development aid should therefore be increased to enable the population to find suitable employment in their country;
Amendment 35 #
2017/2083(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas those migration phenomena fuel intolerable human trafficking and could exacerbate populism in some European countries;
Amendment 36 #
2017/2083(INI)
Motion for a resolution
Recital e a (new)
Recital e a (new)
Ea. whereas the new EU-Africa action plan on migration is intended to combat trafficking networks, to improve the security situation in Libya and to further specific measures to help asylum seekers from Chad and Niger.
Amendment 40 #
2017/2083(INI)
Motion for a resolution
Recital G
Recital G
G. whereas demographic trends will have to be taken into account, bearing in mind that by 2050 Africa is expected to have a population of 2.5 billion, most of them young people; whereas there is a need to help with and support the empowerment of women and young people, particularly by means of education, access to healthcare and training;
Amendment 70 #
2017/2083(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Endorses the stated desire to intensify alliances to tackle global governance issues between the EU and Africa; stresses, in this context, the need to step up the dialogue with the AU and the importance of ensuring its financial autonomy, in accordance with the Kigali Decision on Financing, by reducing its dependence on external financing;
Amendment 77 #
2017/2083(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates the need to reconsider and broaden political dialogue on key common challenges such as terrorism, migration, climate change, and on the individual needs of partner countries such as economic development, diversification, the establishment of value chains;
Amendment 86 #
2017/2083(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that European civil society supports the creation and strengthening of NGOs by transferring expertise in order to help them to contribute to the development of partner countries;
Amendment 93 #
2017/2083(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it necessary to make resilience, in other words the ability of a country to withstand, adapt and overcome difficulties such as violence, conflict and natural disasters, – in all its five dimensions – a major component of the new EU-Africa strategy;
Amendment 108 #
2017/2083(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls therefore for a frank dialogue, based on mutual respect, concerning these values and principles and for them to be made a major component of cooperation, particularly by extending the conditionality of development aid on strict respect for them;
Amendment 114 #
2017/2083(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of stepping up the parliamentary dimension of the ACP-EU Joint Parliamentary Assembly in the future ACP-EU partnership; its key role in strengthening democracy, the rule of law and respect for human rights and its contribution to dialogue between the Union and the ACP States; recalls that this assembly has made it possible to improve the understanding of policies introduced and positions taken by the Union and the ACP countries; stresses that the ACP-EU Joint Parliamentary Assembly is still a unique platform for interaction;
Amendment 124 #
2017/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the urgent need to increase the capacities of developing countries and cooperation between the EU and Africa in the field of security and in combating organised crime and trafficking in human beings; welcomes the creation of a joint anti-jihadist force by the G5-Sahel countries
Amendment 134 #
2017/2083(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that Africa is particularly vulnerable to the impact of climate change; considers it necessary to support African countries in their efforts to reduce greenhouse gas emissions and to adapt; recalls that it is vital to respect the commitment given in Paris in 2015 to allocate USD 100 billion to developing countries by 2020; calls for new kinds of EU-Africa collaboration to lower the barriers to funding and technology transfer in accordance with the Declaration of the First Africa Action Summit for Continental Co-Emergence, held on the sidelines of the COP22 in Marrakesh on 16 November 2016.
Amendment 142 #
2017/2083(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recalls the need under EU legislation on conflict minerals to introduce support measures; they should take an integrated approach that is intended to step up permanent political dialogue with the mineral source countries to encourage the application of international standards on due diligence, as defined by the OECD guide.
Amendment 145 #
2017/2083(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Stresses that the protection of African biodiversity – while the rate at which wild species are disappearing is increasing – should be at the core of the EU-Africa political agenda; recalls the involvement of the EU in protecting natural heritage and, in particular, nature parks; stresses the importance of good governance of natural resources;
Amendment 147 #
2017/2083(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the private sector plays a decisive role in job creation, within the sustainable industrialisation development framework (SDG9) and the development process, and that it helps to finance the latter; welcomes the establishment of the European Fund for Sustainable Development, which should make it possible to support the private sector in African countries and thus promote investment and the creation of sustainable jobs;
Amendment 159 #
2017/2083(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for firm support for economic development based on individual initiative to encourage the emergence of SMEs and family businesses;
Amendment 165 #
2017/2083(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the establishment of a continental free trade area in Africa; recalls also the development prospects presented by Economic Partnership Agreements (EPAs) and trade agreements between the EU and African countries; calls for increased cooperation between the European and African private sectors and for concentration of investment in key sectors such as sustainable energy, basic infrastructure, sustainable use of natural resources and agriculture, particularly by means of public-private partnerships; recalls the need to develop public-private partnerships based on a strict ethical code and on the principles of social responsibility
Amendment 167 #
2017/2083(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls that the EPAs are intended to help the ACP countries to expand their markets, encourage trade in goods and boost investment; that they anticipate a slow, gradual opening up of trade in goods between the EU and the ACP countries and a very asymmetric opening up of markets, which will take several years, with the possibility of significant exemptions for the sectors that the partner countries wish to protect;
Amendment 169 #
2017/2083(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Recalls that budget support is the best way to carry out appropriation, providing governments with the means to determine their needs and priorities, recalls that general or sector-specific budget support enables development policies to be supported and ensures maximised take-up;
Amendment 171 #
2017/2083(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Stresses the importance, in striving to improve the business climate, of putting in place a programme to increase the online accessibility of corporate law information in the OHADA area and to study legal interoperability of civil law and common law in order to lay down common rules in continental Africa, and in the ACP countries;
Amendment 174 #
2017/2083(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Stresses the need to fight against the polarisation of African society; calls for support for broad access to banking services, via mobile banking, for greater financial inclusion of women and for the development of electronic banking; considers it necessary to support a joint effort in this sector by the state, the private sector and civil society;
Amendment 184 #
2017/2083(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recalls that the role of the state in its sovereign duties is a prerequisite for economic development; recalls that economic growth without an impartial state does not systematically guarantee social development or progress; also recalls that people must be given the means to prosper and that a state must be capable of redistributing the generated wealth, of providing its citizens with services, and of improving equal opportunities;
Amendment 186 #
2017/2083(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses the fact that regional integration drives economic development and is a necessity in a globalised world; calls for support for South-South Cooperation which reflects the gradual transformation of the African continent;
Amendment 195 #
2017/2083(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Emphasises that the urbanisation rate in Africa is on the rise and that African towns will soon face a great demographic shock; considers that the potential gains of demographic growth must be urgently brought to fruition through appropriate measures;
Amendment 216 #
2017/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers it important to support African countries in establishing effective health systems; calls for the introduction of minimum universal coverage and an increase in the global health fund, particularly concerning maternal health and the fight against infant mortality;
Amendment 222 #
2017/2083(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Supports targeted and coordinated policies, along with investment in health, and sexual and reproductive rights; helps the younger generations to prevent and reduce maternal and infant mortality by tackling violence against women, traditional practices such as female genital mutilation and forced and/or child marriage;
Amendment 225 #
2017/2083(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Considers that greater investment in the access to healthcare for family planning is necessary; notes the inadequate access to contraception in Sub-Saharan Africa; believes that greater investment in that policy would help to mitigate the negative impact of the reinstatement of the ‘global gag rule’;
Amendment 227 #
2017/2083(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that Africa is one of the largest pools of cultural diversity; emphasises the undeniable link between culture and development and the importance of drawing up a sub-regional strategy for development, to promote culture and to protect heritage.
Amendment 228 #
2017/2083(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Stresses the fact that democracy is a universal value which can be part of any culture
Amendment 236 #
2017/2083(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recalls that a coherent European migration policy based on respect and human dignity is necessary; recalls that such an approach requires international cooperation between the countries of origin, transit and destination countries;
Amendment 239 #
2017/2083(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Proposes that the framework and structures to be put in place in the countries of origin should be looked at with a view to receiving those turned away at EU borders in a manner that maintains their dignity.
Amendment 257 #
2017/2083(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Takes the view that it would be useful to consider technical support for the project managers in the ACP countries, designed to guarantee access and the efficient and effective use of EU Funds, the EDF in particular;
Amendment 87 #
Amendment 88 #
2017/2072(INI)
Motion for a resolution
Paragraph –1 (new)
Paragraph –1 (new)
-1. Considers that, even though improvements are desirable notably in terms of communication and transparency, the Banking Union remains a very positive and fundamental change for the Member States having the euro;encourages all Member States that have not yet adopted the euro to take all necessary steps to do so, or to join the BU, in order to progressively align the BU with the entire internal market; Or. en ((This paragraph should go under the new heading "Introduction"))
Amendment 89 #
2017/2072(INI)
Motion for a resolution
Paragraph –1 a (new)
Paragraph –1 a (new)
Amendment 90 #
2017/2072(INI)
Motion for a resolution
Paragraph –1 b (new)
Paragraph –1 b (new)
Amendment 139 #
2017/2072(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its concerns about the high level of non-performing loans (NPLs) in certain jurisdictions; agrees with the Commission that ‘Member States and banks themselves have a primary responsibility in tackling the legacy of non-performing loans’4 ; welcomes, nonetheless, the work done by different EU institutions and bodies on this issue; calls on these actors and the Member States to duly implement the Council conclusions of 11 July 2017 on the action plan to tackle non-performing loans in Europe; recalls the necessity for the Commission and Member States to improve and harmonise where necessary the insolvency framework; _________________ 4 Commission communication on completing the Banking Union, 11 October 2017, p. 15 (COM(2017)0592).
Amendment 199 #
2017/2072(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the banking reform package proposed by the Commission in November 2016; underlines the importance of the fast-track procedure for the phasing- in of International Financial Reporting Standard (IFRS) 9 in order to avoid cliff effects on the regulatory capital of credit institutions; supports the efforts made to reduce the reporting burden for smaller banks; is concerned, however, about the proposed amendments to the waivers in Articles 7 and 8 of the CRR, and more generally, about the proposed shift in the home-host balance; and to safeguard an appropriate level of supervision; welcomes the steps proposed by the Commission to foster integration and remove obstacles to cross- border consolidation in the EU banking sector, desirable to address the challenge of low-profitability and to increase resilience through diversification of type of assets and location of these assets;
Amendment 221 #
2017/2072(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 232 #
2017/2072(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 239 #
2017/2072(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that the safety and soundness of a bank cannot be captured by a point-in-time assessment of its balance sheet alone, as they are ensured through dynamic interactions between the bank and the markets, and affected by various elements in the entire economy; underlines, therefore, that a sound framework for financial stability and growth should be comprehensive and balanced so as to cover dynamic supervisory practices and not focus merely on static regulation with mainly quantitative aspects;
Amendment 246 #
2017/2072(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that managing cyber security is first and foremost banks’ own responsibility; recognises the SSM work to address cyber security through various angles; calls however on the SSM to increase its efforts and to make it formally one of its high-level priorities;
Amendment 263 #
2017/2072(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned about the high number ofTakes note of the legal applications lodged before the General Court of the EU in relation to the Banco Popular Español S.A. case; asks the Commission to assess whether this could endanger the effectivenessmonitor the impact ofn the new resolution regime; calls on the SRB and the Commission to provide more transparency in future resolution decisions in order to enable stakeholders to better understand ex ante the resolution regime;
Amendment 274 #
2017/2072(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that, while the concern about the mismatch between state aid rules and Union legislation as expressed in the previous report5 related to the ability of deposit guarantee schemes (DGSs) to participate in resolution as provided for in the BRRD and DGSD, the 2017 banking cases brought to light other areas of mismatch, in particular the possibility for Member States to avoid being subject to the discipline of the BRRD by paying ‘liquidation aid’raise question in terms of transparency and communication; considers that any public support, as provided by BRRD, should be conditional to the implementation of remedial actions at the Member States level or bank specific; _________________ 5 European Parliament, Resolution of 15 February 2017 on ‘Banking Union – Annual Report 2016’, paragraph 38.
Amendment 302 #
2017/2072(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the progress made iagreement on further harmonising the priority ranking of unsecured debt instruments through the Commission’s proposal of November 2016; calls for rapid implementation by Member States so that banks can issue debt in the new insolvency class and thereby build up the required buffers;
Amendment 314 #
2017/2072(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for progress to be made on the legislative proposals implementing total loss-absorbing capacity (TLAC) in Union law; supports the inclusion of a pre- resolutionneed to harmonize the moratoriuma tools in the BRRD taking into account the global practices;
Amendment 342 #
2017/2072(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the EBA’s decision to publish on an annual basis data received by it in accordance with Article 10(10) of the DGSD; regrets that the data do not allow for a direct comparison of the adequacy of funding between deposit guarantee schemes (DGSs); notes, nonetheless, the need for several DGSs to accelerate the build-up of available financial means in order to achieve the agreed target level of 0.8 % of covered deposits by 3 July 2024;
Amendment 348 #
2017/2072(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission to shed light on the applications for a target level lower than 0.8 % of covered deposits as received and approved by it in accordance with Article 10(6) of the DGSD; draws attention toof options and national discretions on coverage and pay out procedure, contributions and available means, DGS competence, phase-in, scope and membership, use of means and their implications ofn the availability of such an exception for the potential design of an EDISinternal market as well as on the third pillar of the Banking Union;
Amendment 357 #
2017/2072(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that deposit protection is a common concern for all EU citizens and therefore recalls that the Banking Union is open to all Member States; is currently debating the proposal on an EDIS at committee level; notes, in this respect, the Commission’s more proportionate ‘new approach’ to an EDIS as put forward in its communication of 11 October 2017;
Amendment 377 #
2017/2072(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes the potential benefits and the likely risks related to the introduction of an EDISat whatever the final design of the third pillar it can only be beneficial if it allows a uniform level of safety to be reached for depositors across the Banking Union through a reduction of overall and local risks; considers, therefore,at risk reduction measures to be essential building blocks laying the foundations for an EDISare per se beneficial for the EU;
Amendment 12 #
2017/2070(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the importance of comprehensive provisions on social, labour and environmental standards in trade agreements; urges the Commission to include a sanctions-based, binding and enforceable chapter on Trade and Sustainable Development in all trade agreements;
Amendment 22 #
2017/2070(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. calls on the Commission and all international actors to adhere to the new OECD due diligence guidelines for responsible supply chains in the garment and footwear sector.
Amendment 25 #
2017/2070(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that, in order to be beneficialachieve the goal of policy coherence for development (PCD) and demonstrate a commitment to a responsible attitude towards society, investment must adhere to strict corporate social responsibility (CSR) requirements with full tax transparency using a clear international legal framework; emphasises that investments must be used to support local economies and the creation of decent work in line with the UN Guiding Principles on Business and Human Rights and the ILO core labour standards;
Amendment 40 #
2017/2070(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Takes note of Decision No 12/CVI/17 of the ACP Council of Ministers of 5 and 6 December 20171 a and encourages the Commission to explore the possibility of setting up a programme to help developing countries adapt to changes in European legislation and their consequences for their economies, in order to enable them to adopt the necessary measures to maintain access to European market for their exports; _________________ 1aDecision No 12/CVI/17 of the 106th Session of the ACP Council of Ministers, held in Brussels on 5 and 6 December 2017
Amendment 7 #
2017/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the EU’s commitment to the implementation of the Sustainable Development Goals (SDGs) must guide the preparation of the next multiannual financial framework (MFF) and that the EU’s support for such implementation in developing countries must increase, particularly in the least- developed countries - many of which are in Africa - which have the least chance of raising funds and the most extreme lack of means with which to attain the SDGs;
Amendment 18 #
2017/2052(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that the next multiannual financial framework (MFF) must maintain the current level of quality and impact of European aid and provide the necessary guarantees for implementing and monitoring projects;
Amendment 25 #
2017/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines, in this context, the need to focus on the health,SDGs concerning health - with particular regard to infectious diseases - food, education, water and sanitation, energy, industry, innovation and infrastructureandgovernanceSDGs, the fight against climate change, good governance, democracy and the rule of law;
Amendment 35 #
2017/2052(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 46 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. PStresses that the added value of a policy on development cooperation at EU level has been clearly demonstrated and points to the crucial role of official development assistance (ODA) in least developed countries and fragile states; notes its potential to facilitate the mobilisation of financing for development from other sources, private and public, domestic and international; supports the EU’s new efforts at stimulating private investment through blending grants and loans and providing guarantees, also in countries where the needs are great, but the risks are high; notes that important funding needs will arise as a result;
Amendment 57 #
2017/2052(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes there are grounds for facilitating absorption of aid and stresses the importance of the principle of ownership of development aid which calls for commitments by the partner countries as they are the main parties responsible for producing development strategies; suggests therefore that EU-funded training to improve access to existing EU funding be considered;
Amendment 92 #
2017/2052(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for prudence in regard to any revision of the aid structure, so as not to prejudice geographical priorities, aid forecasts and the political clarity of external action by geographical circles;
Amendment 98 #
2017/2052(INI)
6. Draws attention to the ODA commitments entered into by the EU and its Member States, including that of increasing their ODA to 0.7 % of GNI by 2030 and calls on Member States that have not yet achieved this goal to produce a roadmap setting out in detail how they plan to meet this commitment; recalls that EU-managed ODA contributes towards the honouring of Member States’ commitments and can significantly increase the development effectiveness of ODA expenditure, including through reduced fragmentation and the facilitation of an incentive-based approach with partner countries.
Amendment 632 #
2017/2052(INI)
Motion for a resolution
Paragraph 90 a (new)
Paragraph 90 a (new)
90a. Calls for a cautious approach to any revision of the aid structure, so as not to undermine geographical priorities, aid forecasts, or the political clarity of external action based on geographical circles;
Amendment 633 #
2017/2052(INI)
Motion for a resolution
Paragraph 90 a (new)
Paragraph 90 a (new)
90a. Calls for the next MFF to maintain a separate instrument for humanitarian aid with its own legal basis, budget and long term funding strategy, as well as a substantial humanitarian aid reserve;
Amendment 3 #
2017/2015(INI)
Draft opinion
Recital A
Recital A
A. whereas the achievement of gender equality and the empowerment of all women and girls ishave been United Nations’ Sustainable Development Goal (SDG) 5 since 2015; whereas trade and trade liberalisation have very different impacts on women and men, which can result in fundamental shifts in gender roles, relationships and inequalities;
Amendment 4 #
2017/2015(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. having regard to the shortcomings in international law regarding respect for gender equality;
Amendment 5 #
2017/2015(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Amendment 9 #
2017/2015(INI)
Draft opinion
Recital B
Recital B
B. whereas current EU trade policy lacks a gender equality perspective, as well as obligations to enforce women´s rights conventions; whereas including a gender perspective in trade and investment policies is an essential element of an integrated sustainable development policy framework that combines social and economic measures to ensure fairer and beneficial outcomes for all; Article 8 of the Treaty on the Functioning of the European Union (TFEU) lays down that ‘in all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’; whereas Articles 207 and 208 TFEU lay down that the Union’s common commercial policy and policy in the field of development cooperation 'shall be conducted in the context of the principles and objectives of the Union’s external action’, and whereas these principles as set out in Article 21 of the Treaty on European Union are: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law;
Amendment 29 #
2017/2015(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the need for gender analysis and perspectives to be integrated systematically into trade and investment policies, and into the trade-related capacity building programmes of international finance institutions, donors and intergovernmental organisations, through ex-ante analysis and monitoring, with a view to overcoming the potentially negative gender impacts of different trade measures and instrumentstaken into account more fully and more systematically, through ex-ante analysis and monitoring;
Amendment 37 #
2017/2015(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the need for mandatory periodical assessments to be made of the progress and failures in gender equality both in the European Union and in developing countries;
Amendment 46 #
2017/2015(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the paramount importance of respecting, in accordance with SDG target 17.15, partner countries’ democratic policy space to regulate and take suitable decisions for their own national context, respond to the demands of their populations, and fulfil their human rights obligations and other international commitments, including those on gender equality; underlines the need to ensure that neither the EU's trade and investment mechanisms nor European intellectual property rights endanger the capacity of individual governments of developing countries to change their laws to include measures to promote gender equality or stronger labour and consumer rights;
Amendment 51 #
2017/2015(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to enhance the participation of women and gender expertsin decision- making at all levels, particularly in trade policy-making and negotiation processes at all levels, and the fact that multi-stakeholder mechanisms should be established to reorient the trade agenda in support of a pro-poor and, so as to ensure greater gender- aware development frameworkness;
Amendment 51 #
2017/2015(INI)
Motion for a resolution
Recital B
Recital B
B. whereas country-specific and sector-specific assessments are of great importance; whereas women tend to be more concentrated in low-wage or low- status forms of formal and informal employment than men, leading to gender segregation in types of occupations and activities and gender gaps in wages and working conditionimportant differences exist both between countries and within countries in terms of production structures, female labour force participation rates and welfare regimes, in particular in the garment and textile manufacturing, agriculture and fisheries sectors; whereas country-specific and sector-specific gender assessments therefore bring important added value when designing trade agreements;
Amendment 54 #
2017/2015(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that all EU trade agreements should include binding clauses on women’s rights, gender equality and gender mainstreaming, with an appropriate body appointed, or an explicit mechanism established,in its foreign policy the Union should promote effective rules to promote and strengthen its principles, and should establish mechanisms to monitor compliance;
Amendment 55 #
2017/2015(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas women are often less able than men to take advantage of new opportunities due to the gender-specific constraints women face, such as limited access to and control over resources (land and other assets, credit, information, technology), limited access to markets, social responsibility for unpaid domestic work, legal discrimination and discriminatory cultural norms and values.
Amendment 58 #
2017/2015(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Acknowledges that the EU’s Generalised Scheme of Preferences (GSP), and in particular the GSP+ system, could be improved by linking economic incentives to the effective adoption and constant monitoring of the implementation of core human and labour rights conventions, in particular on gender-related issues;
Amendment 177 #
2017/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the urgent need to work with transnational companies (TNCs) and other companies to adopt gender-sensitive binding human rights regulations on an international level to regulate transnational companies (TNCs) and other companies; wWelcomes the UN Guiding Principles on Business and Human Rights;
Amendment 223 #
2017/2015(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for binding measuresHighlights the importance to engage trading partners in dialogue on human rights, labour, social and environmental standards in order to combat exploitation and improve working conditions for women in the export- oriented industries, in particular the garment and textile manufacturing and agriculture sectors where trade liberalisation has contributed to precarious labour rights and gender wage gaps;; calls on the Commission and all international actors to adhere to the new OECD due diligence guidelines for responsible supply chains in the garment and footwear sector.
Amendment 240 #
2017/2015(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the impact ofe need to assist SMEs, including women-owned business, also in the agricultural sector, in order to allow them to benefit from the growing agricultural EU exports is generally less favourable to women than to men, as emand to compete in overseas markets; Stresses that women- owned businesses would benefit from lowerging trends indicate that small farmers, many of whom are womencultural barriers, increasing market access, facilitating access to finance, mare often not in a position to compete in overseas markets;keting formation and networks, and improving capacity building and training.
Amendment 98 #
2017/2012(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Welcomes the evidence in the report for the need for stronger support for sexual and reproductive health and rights (SRHR) as a pre-condition for gender equality and the necessity for appropriate tools to measure progress with regards to ensure universal access to SRHR as agreed in accordance with the Programme of Action of the ICPD and the Beijing Platform for Action and the outcome documents of their review conferences as per the Sustainable Development Goal 5.6;
Amendment 187 #
2017/2012(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Strongly regrets that indicators related to family planning or reproductive health are neglected both in terms of funding and programmes, and is concerned that according to the report no EUDs in the Middle East and North Africa and the Europe and Central Asia regions choose any SRHR-related indicator, given the important needs regarding SRHR in these regions;calls on the EU delegations in these regions tore- evaluate whether this is linked to reporting issues or if there is a need to complement current programmes with targeted actions on SRHR, taking advantage of the mid term review of the programming;
Amendment 219 #
2017/2012(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Underlines that the dedicated chapter on SRHR should be maintained in the annual report to ensure that SRHR progress is appropriately and systematically documented by the methodological approach of the report;
Amendment 8 #
2017/0810(COD)
Proposal for a decision
Citation 1 a (new)
Citation 1 a (new)
Bank Having regard to the Treaty on European Union, and in particular Article 51 thereof,
Amendment 29 #
2017/0810(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
Bank (8a) The new powers of the ECB regarding clearing systems for financial instruments under Article 22 of the Statute of the ESCB should be exercised alongside, and should not encroach on the regulatory competence of, other Union institutions, agencies and bodies on the basis of provisions relating to the establishment or functioning of the internal market provided for in Part III of the TFEU, including those contained in acts adopted by the Commission or by the Council pursuant to the powers conferred upon them. Therefore, in order to ensure that the respective powers of each entity are respected and to prevent conflicting rules and inconsistencies between the decisions taken by different Union institutions and agencies, the powers conferred under Article 22 of the Statute of the ESCB should only be exercised in a manner which fully recognises the general framework for the internal market established by the co-legislators and relevant Union institutions.
Amendment 44 #
2017/0810(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Statute of the European System of Central Banks and of the European Central Bank
Article 22
Article 22
Bank The ECB and national central banks may provide facilities, and the ECB may make regulations, to ensure efficient and sound clearing and payment systems, and clearing systems for financial instruments, within the Union and with other countries. In order to achieve the objectives of the ESCB and perform its tasks, the ECB may make regulations concerning clearing systems for financial instruments within the Union and with third countries, provided that it does so in a manner that fully recognises the legislative acts adopted by the European Parliament and the Council in this area as well as measures adopted under such acts.
Amendment 44 #
2017/0359(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The K-factors under RtF capture an investment firm's exposure to the default of their trading counterparties (K-TCD) in accordance with simplified provisions for counterparty credit risk based on CRR, concentration risk in an investment firm's large exposures to specific counterparties based on CRR-provisions for large exposures risk in the trading book (K- CON), and operational risks from an investment firm's daily trading flowoperational risk (K- DTFOPR).
Amendment 47 #
2017/0359(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The overall capital requirement under the K-factors is the sum of the requirements of the K-factors under RtC, RtM and RtF. K-AUM, K-ASA, K-CMH, K-COH and K-DTFCOH relate to the volume of activity referred to by each K-factor. The volumes for K-CMH, K-ASA, K- COH, and K-DTFCOH are calculated on the basis of a rolling average from the previous three months, while for K-AUM it is based on the previous year. K-OPR is the measurement of operational risk into CRR. The volumes are multiplied by the corresponding coefficients set out in this Regulation in order to determine the capital requirement. The capital requirements for K-NPR is derived from CRR, while the capital requirements for K-CON and K-TCD use a simplified application of the corresponding requirements under CRR for, respectively, the treatment of large exposures in the trading book and of counterparty credit risk. The amount of a K-factor is zero if a firm does not undertake the relevant activity.
Amendment 51 #
2017/0359(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) For investment firms which deal on own account, the K-factors for K-TCD and K-CON under RtF constitute a simplified application of CRR rules on counterparty credit risk and large exposure risk, respectively. K-TCD captures the risk to an investment firm of counterparties in over- the-counter (OTC) derivatives, repurchase transactions, securities and commodities lending or borrowing transactions, long- settlement transactions and margin lending transactions failing to fulfil their obligations by multiplying the value of the exposures, based on replacement cost and an add-on for potential future exposure, by risk factors based on Regulation (EU) No 575/2013, accounting for the mitigating effects of effective netting and the exchange of collateral. K-CON captures concentration risk in relation to individual or highly connected private sector counterparties with whom firms have exposures above 25% of their regulatory capital, or specific alternative thresholds in relation to credit institutions or other investment firms, by imposing a capital add-on in line with Regulation (EU) No 575/2013 for excess exposures above these limits. Finally, K-DTFOPR captures the operational risks to an investment firm in large volumes of trades concluded for its own account or for clients in its own name in one day which could result from inadequate or failed internal processes, people and systems or from external events, based on the notional value of daily trades.
Amendment 62 #
2017/0359(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 31
Article 4 – paragraph 1 – point 31
(31) ‘K-DTFOPR’ or ‘K-factor in relation to daily trading flow (DTFoperational risk (OPR)’ means the capital requirement relative to the daily value of transactionsoperational risk that an investment firm enters through dealing on own account or the execution of orders on behalf of clients in its own nameis subject to;
Amendment 67 #
2017/0359(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Exemptions for investment firms within banking groups
Amendment 69 #
2017/0359(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d – point i
Article 6 – paragraph 1 – point d – point i
Amendment 74 #
2017/0359(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Exemptions for investment firms within investment firms groups Competent authorities may exempt an investment firm from the application of Article 5 in respect of Parts Two to Seven, where all of the following apply: (a) the investment firm is a subsidiary and is included in the k-factor consolidation of a Union parent investment firm, a Union parent investment holding company or a Union parent mixed financial holding company pursuant to Article 8 of this Regulation; (b) both the investment firm and its parent undertaking are subject to authorisation and supervision by the same Member State; (c) own funds are distributed adequately between the parent undertaking and the investment firm and all of the following conditions are satisfied: (i) there is no current or foreseen material practical or legal impediment to the prompt transfer of capital or repayment of liabilities by the parent undertaking; (ii) upon prior approval by the competent authority, the parent undertaking declares that it guarantees the commitments entered into by the investment firm or that the risks in the investment firm are of negligible interest; (iii) the risk evaluation, measurement and control procedures of the parent undertaking include the investment firm; and (iv) the parent undertaking holds more than 50% of the voting rights attached to shares in the capital of the investment firm or has the right to appoint or remove a majority of the members of the investment firm’s management body.
Amendment 76 #
2017/0359(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. ABy way of derogation from Article 8, Member States may provide the option for competent authorities to require that a Union parent investment firm, a Union parent investment holding company, a Union parent mixed financial holding company shall hold at least enough own funds to cover the sum of the following:
Amendment 77 #
2017/0359(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Competent authorities may exercise the derogation provided for in paragraph 1 only where they have asserted that the group structure is sufficiently simple for the group capital test to avoid double gearing of own funds to the same extent as k-factor consolidation.
Amendment 79 #
2017/0359(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
The competent authorities of a Union parent investment firm or the competent authorities determined in accordance with Article 42(2) of Directive (EU)----/--[IFD] mayshall require a Union parent investment firm, a Union parent investment holding company or a Union parent mixed financial holding company to comply with the requirements set out in Article 15 on the basis of the K-factor consolidated situation where either of the following conditions applies:.
Amendment 81 #
2017/0359(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 83 #
2017/0359(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 98 #
2017/0359(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point e
Article 12 – paragraph 1 – subparagraph 1 – point e
Amendment 118 #
2017/0359(COD)
Proposal for a regulation
Article 15 – paragraph 2 – table 1 – column Coefficient – second row
Article 15 – paragraph 2 – table 1 – column Coefficient – second row
Client money held K-CMH0 0.451.6%
Amendment 120 #
2017/0359(COD)
Proposal for a regulation
Article 15 – paragraph 2 – table 1 – 2 rows “Daily trading flow”
Article 15 – paragraph 2 – table 1 – 2 rows “Daily trading flow”
Amendment 170 #
2017/0359(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
K-TCD +K-DTFOPR + K-CON
Amendment 171 #
2017/0359(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2 – subparagraph 2
Amendment 173 #
2017/0359(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 2 – subparagraph 5
K-DTF shall be based on the transactions recorded in the trading book of an investment firm dealing on own account, whether for itself or on behalf of a client, and the transactions that an investment firm enters into through the execution of ordersOPR is equal to the own funds requirement for operational risk which is the maximum between 15% of the average over three years of the relevant indicator as set out in Article 316 of Regulation (EU) No 575/2013 and own behalf of clients in its own namefunds requirements from the other K-factors.
Amendment 180 #
2017/0359(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
Exposure value = Max (0; α (RC + PFE - C))
Amendment 182 #
2017/0359(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2 – introductory part
Article 27 – paragraph 1 – subparagraph 2 – introductory part
where: α = 1.4
Amendment 184 #
2017/0359(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2 – subparagraph 3
Article 27 – paragraph 1 – subparagraph 2 – subparagraph 3
Amendment 187 #
2017/0359(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2 – subparagraph 4
Article 27 – paragraph 1 – subparagraph 2 – subparagraph 4
The replacement cost (RC) and collateral (C) shall apply to all transactions referred to in Article 25.
Amendment 188 #
2017/0359(COD)
Proposal for a regulation
Part 3 – title 2 – chapter 4 – section 2 – title
Part 3 – title 2 – chapter 4 – section 2 – title
Amendment 190 #
2017/0359(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Measuring DTFOPR for the purposes of calculating K-DTFOPR
Amendment 193 #
2017/0359(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of calculating K- DTF, DTF shall be the rolling average of the value of the total daily trading flow, measured at the end of each business day over the previous 6 calendar months, excluding the 3 most recent calendar months. DTF shall be the average or simple arithmetic mean of the daily measurements for the remaining 3 calendar months K-DTF shall be calculated within the first 14 days of each quarter.An investment firm which meets the criteria of Article 12 [small and non- interconnected] of this Regulation shall apply the capital requirement for operational risk using the elementary approach as defined in Articles 315 and 316 of Regulation (EU) No 575/2013. The own funds requirement for operational risk shall be the maximum between 15% of the average over three years of the relevant indicator as set out in Article 316 of Regulation (EU) No 575/2013 and own funds requirements from the other K-factors. K-OPR = MAX (0; OPR EFP - SUM(RTC K-factors))
Amendment 200 #
2017/0359(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Amendment 205 #
2017/0359(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 210 #
2017/0359(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 273 #
2017/0359(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point 1 a (new)
Article 60 – paragraph 1 – point 1 a (new)
Regulation (EU) No 575/2013
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. In Article 1, the following paragraph is added: "This Regulation shall also apply to undertakings which carry out any of the activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU and where one of the following applies, but the undertaking is not a credit institution, a commodity and emission allowance dealer, a collective investment undertaking or an insurance undertaking: (i) the total value of the assets of the undertaking exceeds EUR 5 billion for three consecutive quarters, or (ii) the gross revenues stemming from the activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU exceeds EUR 500 million for two consecutive years;"
Amendment 281 #
2017/0359(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point 2 – point a
Article 60 – paragraph 1 – point 2 – point a
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point b – point ii
Article 4 – paragraph 1 – point b – point ii
(ii) the total value of the assets of the undertaking is below EUR 30 billion, and the undertaking is part of a group in which the combined total value of the consolidated assets of all undertakings in the group that carry out any of the activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU and have total assets below EUR 30 billion exceeds EUR 30 billion, or
Amendment 285 #
2017/0359(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point 2 – point a
Article 60 – paragraph 1 – point 2 – point a
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point b – point iii
Article 4 – paragraph 1 – point b – point iii
(iii) the total value of the assets of the undertaking is below EUR 30 billion, and the undertaking is part of a group in which the combined total value of the consolidated assets of all undertakings in the group that carry out any of the activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU exceed EUR 30 billion, where the consolidating supervisor in consultation with the supervisory college so decides in order to address potential risks of circumvention and potential risks for the financial stability of the Union.
Amendment 296 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 1 – point -a (new)
Article 61 – paragraph 1 – point 1 – point -a (new)
Regulation (EU) No 600/2014
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 300 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 1 – point a a (new)
Article 61 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 600/2014
Article 46 – paragraph 4 a (new)
Article 46 – paragraph 4 a (new)
(aa) the following paragraph is inserted: “4a. The third-country firm shall comply with the obligations laid down in paragraphs 3 and 6 to 10 of Article 16, in Articles 17, 23, 24, 25, 27, 28 and 30 of Directive 2014/65/EU and in Articles 14 to 28 of this Regulation and the measures adopted pursuant there to and shall be subject to the supervision of ESMA. Where the registered third-country firm chooses to establish a branch in the EU, ESMA shall have the right to examine branch arrangements and to request such changes as are needed to enable it to enforce the obligations and measures referred to in the first subparagraph with respect to the services and/or activities provided by the branch in the Union.”
Amendment 301 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 1 – point a b (new)
Article 61 – paragraph 1 – point 1 – point a b (new)
Regulation (EU) No 600/2014
Article 46 – paragraph 5
Article 46 – paragraph 5
(ab) paragraph 5 is replaced by the following: “5. Third-country firms providing services in accordance with this Article shall inform clients established in the Union, before the provision of any investment services, that they are not allowed to provide services to clients other than eligible counterparties and professional clients within the meaning of Section I of Annex II to Directive 2014/65/EU and that they are not subject to supervision by ESMA in the Union only as regards the requirements referred to in paragraph 4a. They shall indicate the name and the address of the competent authority responsible for supervisionwhich authorised the third- country firm in the third country. The information in the first subparagraph shall be provided in writing and in a prominent way. Member States shall ensure that where an eligible counterparty or professional client within the meaning of Section I of Annex II to Directive 2014/65/EU established or situated in the Union initiates at its own exclusive initiative the provision of an investment service or activity by a third-country firm, this Article does not apply to the provision of that service or activity by the third- country firm to that person including a relationship specifically related to the provision of that service or activity. An initiative by such clients shall not entitle the third-country firm to market new categories of investment product or investment service to that individual.” ” Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0600&from=FR)
Amendment 304 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 1 – point a c (new)
Article 61 – paragraph 1 – point 1 – point a c (new)
Regulation (EU) No 600/2014
Article 46 – paragraph 6
Article 46 – paragraph 6
Amendment 310 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point a
Article 61 – paragraph 1 – point 2 – point a
Regulation (EU) No 600/2014
Article 47 – paragraph 1 – subparagraph 1 – point a
Article 47 – paragraph 1 – subparagraph 1 – point a
(a) that firms authorised in that third country comply with legally binding prudential and business conductorganisational requirements which have equivalent effect to the requirements set out in this Regulation, in Directive 2013/36/EU, in Regulation (EU) No 575/2013, in Directive (EU) ----/-- [IFD] and in Regulation (EU)--- -/---[IFR] and in Articles 5 to 13, 15, and in paragraphs 2, 4 and 5 of Article 16 of Directive 2014/65/EU and in the corresponding implementing measures adopted under those Regulations and Directives;
Amendment 313 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point a
Article 61 – paragraph 1 – point 2 – point a
Regulation (EU) No 600/2014
Article 47 – paragraph 1 – subparagraph 1 – point b
Article 47 – paragraph 1 – subparagraph 1 – point b
(b) that firms authorised in that third country are subject to effective supervision and enforcement ensuring compliance with the applicable legally binding prudential and business conductorganisational requirements; and
Amendment 316 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point a
Article 61 – paragraph 1 – point 2 – point a
Regulation (EU) No 600/2014
Article 47 – paragraph 1 – subparagraph 2
Article 47 – paragraph 1 – subparagraph 2
Amendment 320 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point a a (new)
Article 61 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 600/2014
Article 47 – paragraph 1 – subparagraph 2
Article 47 – paragraph 1 – subparagraph 2
(aa) the second subparagraph of paragraph 1 is replaced by the following: “The prudential and business conduct organisational framework of a third country may be considered to have equivalent effect where that framework fulfils all the following conditions: (a) firms providing investment services and activities in that third country are subject to authorisation and to effective supervision and enforcement on an ongoing basis; (b) firms providing investment services and activities in that third country are subject to sufficient capital requirements and appropriate requirements applicable to shareholders and members of their management body; (c) firms providing investment services and activities are subject to adequate organisational requirements in the area of internal control functions; (d) services and activities are subject to appropriate conduct of business rules; (e) and integrity by preventing market abuse in the form of insider dealing and market manipulation” , outsourcing and security mechanisms.” firms providing investment it ensures market transparency Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0600&from=FR)
Amendment 327 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point c a (new)
Article 61 – paragraph 1 – point 2 – point c a (new)
Regulation (EU) No 600/2014
Article 47 – paragraph 5 a (new)
Article 47 – paragraph 5 a (new)
(ca) the following paragraph is added: “5a. The Commission shall make ad hoc assessments of equivalence provisions based on reasoned requests from the European Parliament, the Council, ESMA and where relevant the ECB, NCAs and the ESRB.’’
Amendment 329 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 a (new)
Article 61 – paragraph 1 – point 2 a (new)
Regulation (EU) No 600/2014
Article 48 – paragraph 1
Article 48 – paragraph 1
(2a) in Article 48, paragraph 1 is replaced with the following: “ESMA shall keep a register of the third- country firms allowed to provide investment services or perform investment activities in the Union in accordance with Article 46. The register shall be publicly accessible on the website of ESMA and shall contain information on the services or activities which the third-country firms are permitted to provide or perform and the reference of the competent authority responsible for their supervisauthorisation in the third country.” Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0600&from=FR)
Amendment 332 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 b (new)
Article 61 – paragraph 1 – point 2 b (new)
Regulation (EU) No 600/2014
Article 49 a (new)
Article 49 a (new)
(2b) The following Article is inserted: “Article 49a Provision of services at the exclusive initiative of the client 1. Where an eligible counterparty or professional client within the meaning of Section I of Annex II to Directive 2014/65/EU established or situated in the Union initiates at its own exclusive initiative the provision of an investment service or activity by a third-country firm, Article 46 shall not apply to the provision of that service or activity by the third- country firm to that person including a relationship specifically related to the provision of that service or activity. Where a third-country firm, including through an entity acting on its behalf or having close links with such third-country firm or another person acting on behalf of such entity, solicits clients or potential clients in the Union or promotes or advertises investment services or activities together with ancillary services in the Union, regardless of the means of communication used, it shall not be deemed as a service provided at the own exclusive initiative of the client. Any contractual clause or disclaimer purporting to state that a third country firm shall be deemed to respond to the exclusive initiative of the client shall be null and void. 2. An initiative by any client referred to in paragraph 1 shall not in itself entitle the third-country firm to market new categories of investment products or investment services to that client. 3. ESMA shall develop draft regulatory technical standards to further specify the conditions for considering that investment products or investment services constitute new categories of investment products or investment services for the purpose of paragraph 2. ESMA shall submit those draft regulatory technical standards to the Commission by [date to be inserted]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.”
Amendment 333 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point 2 c (new)
Article 61 – paragraph 2 – point 2 c (new)
Regulation (EU) No 600/2014
Article 49 b (new)
Article 49 b (new)
(2c) The following Article is inserted: “Article 49b Operation of an MTF or OTF in the Union by a third-country firm The provisions of Articles 46 to49 shall not apply to the services and activities referred to in points 8 and 9of Section A of Annex I of Directive 2014/65/EU. Any third country firm wishing to provide such services or perform such activities in the Union shall set up a subsidiary in the Union and seek authorization according to the conditions of Article 5 of Directive 2014/65/EU.”
Amendment 335 #
2017/0359(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point 2 d (new)
Article 61 – paragraph 1 – point 2 d (new)
Regulation (EU) No 600/2014
Article 52 – paragraph 11 a (new)
Article 52 – paragraph 11 a (new)
(2d) In Article 52, the following paragraph is inserted: "11a. By 3 July 2020, the Commission shall, after consulting ESMA, submit a report to the European Parliament and to the Council on whether Systematic internalisers’ quotes, and price improvements on those quotes, shall comply with tick sizes set in accordance with Article 49 of Directive 2014/65/EU."
Amendment 29 #
2017/0358(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) While the requirements based on the K-factors largely stem from the market risk rules, their design in [Regulation (EU) ---/----[IFR] does not cover their full scope as in Regulation (EU) No 575/2013. In particular, the provisions set out in Title 4 in Part Three of Regulation (EU) No 575/2013 (the market risk rules) also apply to positions outside the prudential trading book. In order to mitigate for this difference in scopes, not driven by a difference in risks, the general prudential requirements laid down in [Regulation (EU)---/----[IFR]are supplemented by individual arrangements to be decided by the competent authorities as a result of the ongoing supervisory review of each individual investment firm as regards positions outside the trading book.
Amendment 114 #
2017/0358(COD)
Proposal for a directive
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. When establishing and applying the remuneration policy referred to in this article, Member States shall ensure that any variable remuneration awarded and paid by an investment firm complies with all of the following requirements in a way and to the extent that is appropriate to their size, internal organisation and the nature, scope and complexity of their activities:
Amendment 119 #
2017/0358(COD)
Proposal for a directive
Article 30 – paragraph 1 – point j – point 3 a (new)
Article 30 – paragraph 1 – point j – point 3 a (new)
(3a) Non-listed investment firms which may not be in a situation to pay any part of variable compensation in instruments as prescribed above may instead include an ad hoc firm level solvency and financial performance payment criteria in their differed compensation scheme.
Amendment 141 #
2017/0358(COD)
Proposal for a directive
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. The Commission shall ensure that Member States respect and enforce the remuneration policies. It shall also ensure a consistent implementation across the EU in order to avoid arbitrage.
Amendment 143 #
2017/0358(COD)
Proposal for a directive
Article 33 – paragraph 1 – point c a (new)
Article 33 – paragraph 1 – point c a (new)
(ca) the exposure of the investment firm to balance sheet and off-balance sheet exposures not covered by own funds requirements as defined in Article 9 IFR;
Amendment 191 #
2017/0358(COD)
Proposal for a directive
Article 57 – paragraph 1 – point 2
Article 57 – paragraph 1 – point 2
Directive 2013/36/EU
Article 1 – point c
Article 1 – point c
(c) the prudential supervision of credit institutions and certain investment firms referred to in Article 2(2) by competent authorities in a manner that is consistent with the rules set out in Regulation (EU) No 575/2013;
Amendment 193 #
2017/0358(COD)
Proposal for a directive
Article 57 – paragraph 1 – point 3 – point b
Article 57 – paragraph 1 – point 3 – point b
Directive 2013/36/EU
Article 2 – paragraphs 2 and 3
Article 2 – paragraphs 2 and 3
(b) paragraphs 2 and 3 are deleted;replaced by the following: “2. Titles VII of this Directive shall also apply to undertakings which carry out any of the activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU and where one of the following applies, but the undertaking is not a credit institution, a commodity and emission allowance dealer, a collective investment undertaking or an insurance undertaking: (i) the total value of the assets of the undertaking exceeds EUR 5 billion for three consecutive quarters, or (ii) the gross revenues stemming from the activities referred to in points (3) and (6) of Section A of Annex I of Directive 2014/65/EU exceeds EUR 500 million for two consecutive years.”
Amendment 197 #
2017/0358(COD)
Proposal for a directive
Article 58 – paragraph 1 – point 3
Article 58 – paragraph 1 – point 3
Directive 2014/65/EU
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
The branch of the third-country firm authorised in accordance with paragraph 1, shall comply with the obligations laid down in Articles 16 to 20, 23, 24, 25 and 27, Article 28(1), and Articles 30, 31 and 32 of this Directive and in Articles 3 to 268 of Regulation (EU) No 600/2014 and the measures adopted pursuant thereto and shall be subject to the supervision of the competent authority in the Member State where the authorisation was granted.
Amendment 199 #
2017/0358(COD)
Proposal for a directive
Article 58 – paragraph 1 – point 3 a (new)
Article 58 – paragraph 1 – point 3 a (new)
Directive 2014/65/EU
Article 42
Article 42
(3a) Article 42 is replaced by the following: “Article 42 Provision of services at the exclusive initiative of the client 1. Member States shall ensure that where a retail client or professional client within the meaning of Section II of Annex II established or situated in the Union initiates at its own exclusive initiative the provision of an investment service or activity by a third-country firm, the requirement for authorisation under Article 39 shall not apply to the provision of that service or activity by the third country firm to that person including a relationship specifically relating to the provision of that service or activity. An initiative by such clients shall not entitle the third-country firm to market otherwise than through the branch, where one is required in accordance with national law, new categories of investment products or investment services to that client. content/EN/TXT/?qid=1528104386274&uri=CELEX:02014L0065-20160701)Where a third-country firm, including through an entity acting on its behalf or having close links with such third-country firm or another person acting on behalf of such entity, solicits clients or potential clients in the Union or promotes or advertises investment services or activities together with ancillary services in the Union, regardless of the means of communication used, it shall not be deemed as a service provided at the own exclusive initiative of the client. Any contractual clause or disclaimer purporting to state that a third country firm shall be deemed to respond to the exclusive initiative of the client shall be null and void. 2. An initiative by any client referred to in paragraph 1 shall not in itself entitle the third-country firm to market otherwise than through the branch, where one is required in accordance with national law, new categories of investment products or investment services to that client. 3. ESMA shall develop draft regulatory technical standards to further specify the conditions for considering that investment products or investment services constitute new categories of investment products or investment services for the purpose of paragraph 2. ESMA shall submit those draft regulatory technical standards to the Commission by [date to be inserted]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.” Or. en (https://eur-lex.europa.eu/legal-
Amendment 54 #
2017/0251(CNS)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In keeping with the public interest and the financial interests of the European Union, whistle blowers should enjoy effective legal protection, in order to facilitate the detection and prevention of all forms of fraud.
Amendment 91 #
2017/0251(CNS)
Proposal for a directive
Article premier – paragraph 1 – point 9
Article premier – paragraph 1 – point 9
Directive 2006/112/EC
Articles 403 and 404
Articles 403 and 404
(9) Articles 403 and 404 areis deleted.
Amendment 92 #
2017/0251(CNS)
Proposal for a directive
Article premier – paragraph 1 – point 9 a (new)
Article premier – paragraph 1 – point 9 a (new)
Directive 2006/112/EC
Article 404
Article 404
Amendment 93 #
2017/0251(CNS)
Proposal for a directive
Article premier – paragraph 1 – point 9 b (new)
Article premier – paragraph 1 – point 9 b (new)
Directive 2006/112/EC
Article 404 a (new)
Article 404 a (new)
(9b) The following Article 404a is inserted: Every three years, each Member State shall submit a report assessing the effectiveness of the VAT fraud monitoring system to the Commission, which shall forward it to OLAF.
Amendment 26 #
2017/0248(CNS)
Proposal for a regulation
Recital 2
Recital 2
(2) Carrying out aAn administrative enquiry is often necessary to combat VAT fraud, in particular when the taxable person is not established in the Member States where the tax is due. To ensure the proper enforcement of VAT and, to avoid duplication of work and to reduce the administrative burden ofn tax authorities and business, where at least two Member States consider thates, an administrative enquiry needs to be carried out into the amounts declared by a taxable person non-who is not established on their territory but is taxable therein, is necessary, t. The Member State where the taxable person is established shouldmust undertake the enquiry and the requiring Member States should(s) must assist the Member State of establishment by actively taking part actively in the enquiry.
Amendment 42 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 44 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 45 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 2 – point a
Article 7 – paragraph 4 – subparagraph 2 – point a
Amendment 46 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 2 – point b
Article 7 – paragraph 4 – subparagraph 2 – point b
Amendment 47 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 2 – point c
Article 7 – paragraph 4 – subparagraph 2 – point c
Amendment 48 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 3
Article 7 – paragraph 4 – subparagraph 3
Amendment 49 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Amendment 54 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) No 904/2010
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
(2a) The second subparagraph of Article 14(1) is replaced by the following: ‘A Member State may abstain from taking part in the automatic exchange of information with respect to one or more categories where the collection of information for such exchange would require the imposition of newdisproportionate obligations on persons liable for VAT or would impose a disproportionate administrative burden on the Member State.’
Amendment 67 #
2017/0248(CNS)
Proposal for a regulation
Article premier – paragraph 1 – point 8 – point a
Article premier – paragraph 1 – point 8 – point a
Regulation (UE) No 904/2010
Article 28 – paragraph 2a
Article 28 – paragraph 2a
2a. By agreement between the requesting authority and the requested authority, and in accordance with the arrangements laid down by the latter, officials authorised by the requesting authority may, with a view to collecting and exchanging the information referred to in Article 1, take part in the administrative enquiries carried out in the territory of the requested Member State. Such administrative enquiries shall be carried out jointly by the officials of the requesting and requested authorities. The officials of the requesting authority shall exercise the same powers of inspection as those conferred on officials of the requested authority. The officials of the requesting authoritiesy shall have access to the same premises and documents as the officials of the requested authority for the sole purpose of carrying out the administrative enquiry. By agreement between the requesting authority and the requested authority, and in accordance with the arrangements laid down by the requested authority, both authorities may draft a common audit report.
Amendment 76 #
2017/0248(CNS)
Proposal for a regulation
Article premier – paragraph 1 – point 14 – point c
Article premier – paragraph 1 – point 14 – point c
Regulation (EU) No 904/2010
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Eurofisc working field coordinators may forward, on their own initiative or on request, some of the collated and processed informationforward relevant information on the most serious VAT offences to Europol and the European Anti-Fraud Office (‘OLAF’), as agreed by the working field participants.
Amendment 80 #
2017/0248(CNS)
Proposal for a regulation
Article premier – paragraph 1 – point 14 – point c
Article premier – paragraph 1 – point 14 – point c
Règlement (UE) No 904/2010
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Eurofisc working field coordinators may ask Europol and OLAF for relevant information. Eurofisc working field coordinators shall make the information received from Europol and OLAF available to the other participating Eurofisc liaison officials; this information shall be exchanged by electronic means.
Amendment 40 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a – point i – introductory part
Article 1 – paragraph 1 – point 3 – point a – point i – introductory part
Regulation (EU) No 1092/2010
Article 6 – paragraph 1 – points f a and f b
Article 6 – paragraph 1 – points f a and f b
(i) the following points (fa), (fb) and (fbc) are inserted:
Amendment 42 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a – point i
Article 1 – paragraph 1 – point 3 – point a – point i
Regulation (EU) No 1092/2010
Article 6 – paragraph 1 – point fb a(new)
Article 6 – paragraph 1 – point fb a(new)
(fba) the Chair of the Economic and Monetary Affairs Committee of the European Parliament;
Amendment 85 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 1092/2010
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 353 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)Regulation (EU) No 1093/2010
Article 1 – paragraph 1 – point 1 – point a a (new)Regulation (EU) No 1093/2010
Article 1 – paragraph 5 – subparagraph 1 – point f
(f) enhancing customer protection. Or. en(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02010R1093-aa) in paragraph 5, point (f) is replaced by the following: "(f) enhancing customer protection to ensure that all customers are treated fairly by financial institutions." 20160112&from=EN)
Amendment 371 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point ab
Article 8 – paragraph 1 – point ab
Amendment 381 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iii a (new)
Article 1 – paragraph 1 – point 5 – point a – point iii a (new)
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point fa (new)
Article 8 – paragraph 1 – point fa (new)
(iiia) the following point (fa) is inserted: "(fa) to lead, together with competent authorities, back-testing assessments of internal models as well as benchmarking exercises on internal model outcomes with a view to analysing the range of undue variability of risk parameters as well as their predictive capacity, and, in that context, to issue guidelines and recommendations and to identify best practices, in order to strengthen consistency in the internal model outcomes; "
Amendment 386 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iv a (new)
Article 1 – paragraph 1 – point 5 – point a – point iv a (new)
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point h a (new)
Article 8 – paragraph 1 – point h a (new)
(iva) the following point (ha) is inserted: "(ha) to foster further developments in terms of regulation and supervision which could ease a deeper harmonization and integration at the EU level; to this end the Authority shall, in its area of expertise, monitor the obstacles to cross-border consolidation and mergers, conduct a study on these obstacles and provide an opinion or recommendations with the aim of identifying appropriate ways to remove them."
Amendment 387 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point iv b (new)
Article 1 – paragraph 1 – point 5 – point a – point iv b (new)
Regulation (EU) No 1093/2010
Article 8 – paragraph 1 – point i a (new)
Article 8 – paragraph 1 – point i a (new)
(ivb) the following point (ia) is inserted: "(ia) to coordinate enforcement activities among competent authorities; "
Amendment 394 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c – point i a (new)
Article 1 – paragraph 1 – point 5 – point c – point i a (new)
Regulation (EU) No 1093/2010
Article 8 – paragraph 2 – point cb (new)
Article 8 – paragraph 2 – point cb (new)
(ia) the following point (cb) is inserted: "(cb) issue no-action letters, as laid down in Article 9(6);"
Amendment 401 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point -a (new)
Article 1 – paragraph 1 – point 6 – point -a (new)
Regulation (EU) No 1093/2010
Article 9 – paragraph 1 – point aa (new)
Article 9 – paragraph 1 – point aa (new)
(-a) in paragraph 1, the following point (aa) is inserted: "(aa) coordinating mystery shopping activities of competent authorities;"
Amendment 408 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EU) No 1093/2010
Article 9 – paragraph 5
Article 9 – paragraph 5
(ba) paragraph 5 is replaced by the following: "5. The Authority may temporarily prohibit or restrict certain financial activities and products that threaten to cause significant financial damage to customers or threaten the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union in the cases specified and under the conditions laid down in the legislative acts referred to in Article 1(2) or, if so required, in the case of an emergency situation in accordance with and under the conditions laid down in Article 18. The Authority shall review the decision referred to in the first subparagraph at appropriate intervals and at least every 3 months. If the decision is not renewed after a 3three-month period, it shall automatically expire. A Member State may request the Authority to reconsider its decision. In that case, the Authority shall decide, in accordance with the procedure set out in the second subparagraph of Article 44(1), whether it maintains its decision. The Authority may also assess the need to prohibit or restrict certain types of financial activity and, where there is such a need, inform the Commission in order to facilitate the adoption of any such prohibition or restriction. "
Amendment 413 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b b (new)
Article 1 – paragraph 1 – point 6 – point b b (new)
Regulation (EU) No 1093/2010
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
Amendment 441 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) No 1093/2010
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
Where two thirdshe majority of the members of the Banking Stakeholder Group are of the opinion that the Authority has exceeded its competence by issuing certain guidelines or recommendations, they may send a reasoned opinion to the Commission.
Amendment 467 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 1093/2010
Article 19 – paragraph 1 – subparagraph 1 – introductory part
Article 19 – paragraph 1 – subparagraph 1 – introductory part
"1. In cases specified in the Union acts referred to in Article 1(2) and without prejudice to the powers laid down in Article 17, the Authority may assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 in either of the following circumstances:
Amendment 469 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) No 1093/2010
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
In cases where the acts referred to in Article 1(2)Union acts require a joint decision to be taken by competent authorities, a disagreement shall be presumed in the absence of a joint decision being taken by those authorities within the time limits set out in those acts.";
Amendment 470 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) No 1093/2010
Article 19 – paragraph 1a – point a – introductory part
Article 19 – paragraph 1a – point a – introductory part
(a) where a time limit for reaching an agreement between competent authorities has been provided for in the Union acts, referred to in Article 1(2), and the earlier of the following occurs:
Amendment 471 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) No 1093/2010
Article 19 – paragraph 1a – point b – introductory part
Article 19 – paragraph 1a – point b – introductory part
(b) where no time limit for reaching an agreement between competent authorities has been provided in the Union acts referred to in Article 1(2) , and the earlier of the following occurs:
Amendment 472 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) No 1093/2010
Article 19 – paragraph 1b – subparagraph 2
Article 19 – paragraph 1b – subparagraph 2
Pending the Authority's decision in accordance with the procedure set out in Article 47(3a), in cases where the acts referred to in Article 1(2)Union acts require a joint decision to be taken, all competent authorities involved in the joint decision shall defer their individual decisions. Where the Authority decides to act, all competent authorities involved in the joint decision shall defer their decisions until the procedure set out in paragraphs 2 and 3 is concluded.";
Amendment 473 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Regulation (EU) No 1093/2010
Article 19 – paragraph 2
Article 19 – paragraph 2
(ba) paragraph 2 is amended as follows: The Authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in the acts referred to in Article 1(2)Union acts and the complexity and urgency of the matter. At that stage the Authority shall act as a mediator.
Amendment 498 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 1093/2010
Article 29 – paragraph 2 – subparagraph 3
Article 29 – paragraph 2 – subparagraph 3
For the purpose of establishing a common supervisory culture, the Authority shall develop and maintain an up-to-date Union supervisory handbook on the supervision of financial institutions in the Union, taking into account changing business practices and business models of financial institutions. The Authority shall also develop and maintain an up-to-date Union resolution handbook on the resolution of financial institutions in the Union. Both the Union supervisory handbook and the Union resolutionsupervisory handbook shall set out supervisory best practices and shall specify high quality methodologies and processes.;
Amendment 504 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 1093/2010
Article 29a – paragraph 1 – subparagraph 1
Article 29a – paragraph 1 – subparagraph 1
Competent authorities shall identify and inform the Authority about supervisory activities which should be prioritised in order to address relevant micro-prudential trends, potential risks and vulnerabilities. Upon the entry into application of Regulation [XXX insert reference to amending Regulation] and every three years thereafter by 31 March, based on the contributions from competent authorities, the Authority shall issue a recommendation addressed to competent authorities, laying down supervisory strategic objectives and priorities ("Strategic Supervisory Plan") and, taking into account any contributions from competent authorities,. The Authority shall transmit the Strategic Supervisory Plan for information to the European Parliament, the Council and the Commission and shall make it public on its website.
Amendment 530 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Regulation (EU) No 1093/2010
Article 30 – paragraph 1a
Article 30 – paragraph 1a
1a. For the purposes of this Article, the Authority shall establish a review committee, exclusively composed of staff from the Authority and competent authorities. The Authority may delegate certain tasks or decisions to the review committee.;
Amendment 555 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) No 1093/2010
Article 31a – paragraph 2 – subparagraph 1
Article 31a – paragraph 2 – subparagraph 1
The competent authorities shall notify the Authority where they intend to carry out an authorisation or registration related to a financial institution which is under supervision of the competent authority concerned in accordance with the acts referred to in Article 1(2) and where the business plan of the financial institution entails the outsourcing or delegation of a material part of its activities or any of the key functions or the risk transfer of a material part of its activities into third countries, to benefit from the EU passport while essentially performing substantial activities or functions outside the Union. The notification to the Authority shall be sufficiently detailed to allow for a proper assessment. by the Authority.
Amendment 559 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) No 1093/2010
Article 31a – paragraph 2 – subparagraph 2
Article 31a – paragraph 2 – subparagraph 2
Amendment 596 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Regulation (EU) 1093/2010
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Authority shall systematically assist the Commission in preparing equivalence decisions pertaining to regulatory and supervisory regimes in third countries following a specific request for advice from the Commission or where required to do so by the acts referred to in Article 1(2).;
Amendment 662 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point -a (new)Regulation (EU) No 1093/2010
Article 1 – paragraph 1 – point 22 – point -a (new)Regulation (EU) No 1093/2010
Article 37 – paragraph 3
(-a) paragraph 3, is replaced by the following: “3. The members of the Banking Stakeholder Group shall be appointed by the Board of Supervisors, following proposals from the relevant stakeholders. In making its decision, the Board of Supervisors shall, to the extent possible, ensure an appropriate geographical and gender balance and representation of stakeholders across the Union. The selection process should be fully transparent.”
Amendment 665 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Regulation (EU) No 1093/2010
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
(a) in paragraph 4, the last sentence of the first subparagraph is replaced by the following:subparagraph 1 is replaced by the following: 4. The Authority shall provide all necessary information subject to professional secrecy as set out in Article 70 and ensure adequate secretarial support for the Banking Stakeholder Group. Adequate compensation shall be provided to members of the Banking Stakeholder Group representing non-profit organisations, excluding industry representatives. This compensation shall take into account the members' preparatory and follow-up work and shall be at least equivalent to the reimbursement rates of officials pursuant to Title V, Chapter 1, Section 2 of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (1) (Staff Regulations). The Banking Stakeholder Group may establish working groups on technical issues. Members of the Banking Stakeholder Group shall serve for a period of fourive years, following which a new selection procedure shall take place.;
Amendment 674 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b a (new)Regulation (EU) No 1093/2010
Article 1 – paragraph 1 – point 22 – point b a (new)Regulation (EU) No 1093/2010
Article 37 – paragraph 7
(b a) paragraph 7 is replaced by the following: “7. The Authority shall make public the opinions and advice of the Banking Stakeholder Group and the results of its consultations. as well as how these opinions, advice and results of consultations were taken into account by the Authority.”
Amendment 679 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point a – point -i (new)Regulation (EU) No
Article 1 – paragraph 1 – point 24 – point a – point -i (new)Regulation (EU) No
1093/2010
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) the Chairperson, who shall be non- voting;-i) point (a) is replaced by the following: “(a) the Chairperson;”
Amendment 680 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point a – point i
Article 1 – paragraph 1 – point 24 – point a – point i
Regulation (EU) No 1093/2010
Article 40 – paragraph 1 – point aa
Article 40 – paragraph 1 – point aa
(aa) the full time members of the Executive Board referred to Article 45(1), who shall be non-voting;;
Amendment 711 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point a – introductory part
Article 1 – paragraph 1 – point 28 – point a – introductory part
(a) the second subparagraph of paragraph 1 is replaced by the following:
Amendment 712 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point –a (new)
Article 1 – paragraph 1 – point 28 – point –a (new)
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
(-a) in paragraph 1, subparagraph 1 is replaced by the following: “1. Decisions of the Board of Supervisors shall be taken by a simple majority of its members. Each member shall have one vote. In the event of a tie, the Chairperson shall have a casting vote.”
Amendment 714 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point a
Article 1 – paragraph 1 – point 28 – point a
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and the last subparagraph of Article 9(56) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union, which shall include at least a simple majority of the members, present at the vote, from competent authorities of Member States that are participating Member States as defined in point 1 of Article 2 of Regulation (EU) No 1024/2013 (participating Member States) and a simple majority of the members, present at the vote, from competent authorities of Member States that are not participating Member States as defined in point 1 of Article 2 of Regulation (EU) No 1024/2013 (non-participating Member States).
Amendment 717 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point a
Article 1 – paragraph 1 – point 28 – point a
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraphs 2a
Article 44 – paragraph 1 – subparagraphs 2a
Amendment 731 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) No 1093/2010
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The full time members shall be selected on the basis of merit, skills, knowledge of financial institutions and markets, and experience relevant to financial supervision and regulation. The full time members shall have extensive management experience. At least one of the full time members should during the three years prior to being appointed not have been employed by a competent authority. The selection shall be based on an open call for candidates, to be published in the Official Journal of the European Union, following which the Commission shall draw up a shortlist of qualified candidates.
Amendment 756 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Regulation (EU) No 1093/2010
Article 45a – paragraph 4 – subparagraph 2
Article 45a – paragraph 4 – subparagraph 2
The Executive Board shall meet prior to every meeting of the Board of Supervisors and as often as the Executive Board deems necessary. It shall meet at least five24 times a year.
Amendment 780 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 1093/2010
Article 47 – paragraph 4
Article 47 – paragraph 4
4. The Executive Board shall adopt the Authority's staff policy planprogramming document and, pursuant to Article 68(2), the necessary implementing measures of the Staff Regulations of Officials of the European Communities ('the Staff Regulations’).
Amendment 838 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 43 – point a a (new)Regulation (EU) No 1093/2010
Article 1 – paragraph 1 – point 43 – point a a (new)Regulation (EU) No 1093/2010
Article 62 – pararagraph 1a (new)
(a a) the following paragraph 1a is inserted: 1a. The revenue received by the Authority shall not compromise its independence or objectivity.
Amendment 840 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 43 – point a b (new)Regulation (EU) No 1093/2010
Article 1 – paragraph 1 – point 43 – point a b (new)Regulation (EU) No 1093/2010
Article 62 – pararagraph 4 – subparagraph 1 a (new)
(a b) in paragraph 4, the following subparagraph is added: Estimates shall be based on the objectives and the expected results of the annual work programme referred to in Article 47(2) and shall take into account the financial resources necessary to achieve those objectives and expected results, in accordance with the principle of performance based budgeting.
Amendment 870 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EU) 1094/2010
Article 1 – paragraph 6 – point f
Article 1 – paragraph 6 – point f
Amendment 877 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a – point iii a (new)
Article 2 – paragraph 1 – point 5 – point a – point iii a (new)
Regulation (EU) No 1094/2010
Article 8 –paragraph 1 – point i a (new)
Article 8 –paragraph 1 – point i a (new)
(iiia) the following point (ia) is inserted: “(ia) to coordinate enforcement activities among competent authorities;”
Amendment 882 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c – point i – introductory part
Article 2 – paragraph 1 – point 5 – point c – point i – introductory part
Regulation (EU) No 1094/2010
Article 8 – paragraph 2 – points c a and ca a (new)
Article 8 – paragraph 2 – points c a and ca a (new)
(i) points (ca) isand (caa) are inserted:
Amendment 883 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c – point i
Article 2 – paragraph 1 – point 5 – point c – point i
(caa) issue no-action letters, as laid down in Article 9(6);
Amendment 885 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a – introductory part
Article 2 – paragraph 1 – point 6 – point a – introductory part
Regulation (EU) No 1094/2010
Article 9 – paragraph 1 – points a a, a b and ab a (new)
Article 9 – paragraph 1 – points a a, a b and ab a (new)
(a) in paragraph 1, the following points (aa), (ab) and (ab a) are inserted:
Amendment 887 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
Regulation (EU) No 1094/2010
Article 9 – paragraph 1 – point ab a (new)
Article 9 – paragraph 1 – point ab a (new)
(aba) coordinating mystery shopping activities of competent authorities;
Amendment 888 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point d a (new)
Article 2 – paragraph 1 – point 6 – point d a (new)
Regulation (EU) No 1094/2010
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
(da) in paragraph 5, subparagraph 1 is replaced by the following: ‘5. The Authority may temporarily prohibit or restrict certain financial activities and products that threaten to cause significant financial damage to customers or threaten the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union in the cases specified and under the conditions laid down in the legislative acts referred to in Article 1(2) or, if so required, in the case of an emergency situation in accordance with and under the conditions laid down in Article 18.’
Amendment 889 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point d b (new)
Article 2 – paragraph 1 – point 6 – point d b (new)
Regulation (EU) No 1094/2010
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
(db) the following paragraph 5a is inserted: “5a. The Authority may issue time- limited no-action-letters at the request of market participants. These time-limited no-action-letters are a temporary commitment on the part of the Authority and all competent authorities not to enforce market participant non- compliance with specific provisions of Union law where the market participant cannot comply with such provisions of Union law because of any of the following reasons: (a) compliance would place the market participant in breach of other legal and regulatory requirements of Union law; (b) compliance is reasonably impossible without further level 2 measures or level 3 guidance; (c) compliance would significantly distort conditions for neutral competition for the market participant in the Union in the context of the worldwide application of international standards. The Authority shall provide the time- limited no-action-letter to the requestor based on the specific facts and circumstances set forth in the request. The Authority may permit parties other than the requestor to rely on the time- limited no-action-letter to the extent that the third party’s facts and circumstances are substantially similar to those described in the underlying request. The Authority shall make all no-action- letters public. The Authority shall review the decisions referred to in the first and second subparagraph at appropriate intervals and at least every 3 months. If a decision is not renewed after a three-month period, it shall automatically expire. A Member State may request the Authority to reconsider its decision. In that case, the Authority shall decide in accordance with the procedure set out in the second subparagraph of Article 44(1), whether it maintains its decision.”
Amendment 894 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point d
Article 2 – paragraph 1 – point 7 – point d
Regulation (EU) No 1094/2010
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
Where two thirdshe majority of the members of the Insurance and Reinsurance Stakeholder Group or Occupational Pensions Stakeholder Group are of the opinion that the Authority has exceeded its competence by issuing certain guidelines or recommendations, they may send a reasoned opinion to the Commission.
Amendment 896 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point a
Article 2 – paragraph 1 – point 9 – point a
Regulation (EU) No 1094/2010
Article 19 – paragraph 1 – subparagraph 1 – introductory part
Article 19 – paragraph 1 – subparagraph 1 – introductory part
Amendment 897 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point a
Article 2 – paragraph 1 – point 9 – point a
Regulation (EU) No 1094/2010
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
In cases where the acts referred to in Article 1(2)Union legislation requires a joint decision to be taken by competent authorities, a disagreement shall be presumed in the absence of a joint decision being taken by those authorities within the time limits set out in those acts".;
Amendment 898 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 1094/2010
Article 19 – paragraph 1 a – point a – introductory part
Article 19 – paragraph 1 a – point a – introductory part
(a) where a time limit for reaching an agreement between competent authorities has been provided for in the Union acts, referred to in Article 1(2), and the earlier of the following occurs :
Amendment 899 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 1094/2010
Article 19 – paragraph 1 a – point b – introductory part
Article 19 – paragraph 1 a – point b – introductory part
(b) where no time limit for reaching an agreement between competent authorities has been provided in the Union acts referred to in Article 1(2) , and the earlier of the following occurs:
Amendment 900 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c
Article 2 – paragraph 1 – point 9 – point c
Regulation (EU) No 1094/2010
Article 19 – paragraph 1 b – subparagraph 2
Article 19 – paragraph 1 b – subparagraph 2
Pending the Authority's decision in accordance with the procedure set out in Article 47(3a), in cases where the acts referred to in Article 1(2)Union legislation requires a joint decision to be taken, all competent authorities involved in the joint decision shall defer their individual decisions. Where the Authority decides to act, all the competent authorities involved in the joint decision shall defer their decisions until the procedure set out in paragraphs 2 and 3 is concluded.";
Amendment 901 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c a (new)
Article 2 – paragraph 1 – point 9 – point c a (new)
Regulation (EU) No 1094/2010
Article 19 – paragraph 2
Article 19 – paragraph 2
(ca) Paragraph 2 is replaced by the following: 2. The Authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in the acts referred to in Article 1(2)Union acts and the complexity and urgency of the matter. At that stage the Authority shall act as a mediator.
Amendment 908 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
Regulation (EU) No 1094/2010
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
(11a) In Article 22, subparagraph 1 of paragraph 4 is replaced by the following: ‘4. Upon a request from one or more competent authorities, the European Parliament, the Council, including at the request of one or several Member States, or the Commission, or on its own initiative, the Authority may conduct an inquiry into a particular type of financial institution or type of product or type of conduct in order to assess potential threats to the stability of the financial system, or to the protection of policyholders, pension scheme members and beneficiaries, and make appropriate recommendations for action to the competent authorities concerned.’
Amendment 920 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Regulation (EU) No 1094/2010
Article 29 a – paragraph 1 – subparagraph 1
Article 29 a – paragraph 1 – subparagraph 1
1. Competent authorities shall identify and inform the Authority about supervisory activities which should be prioritised in order to address relevant micro-prudential trends, potential risks and vulnerabilities. Upon the entry into application of Regulation [XXX insert reference to amending Regulation] and every three years thereafter by 31 March, based on the contributions from competent authorities, the Authority shall issue a recommendation addressed to competent authorities, laying down supervisory strategic objectives and priorities ("Strategic Supervisory Plan") and, taking into account any contributions from competent authorities,. The Authority shall transmit the Strategic Supervisory Plan for information to the European Parliament, the Council and the Commission and shall make it public on its website.
Amendment 922 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 – point c
Article 2 – paragraph 1 – point 15 – point c
Regulation (EU) No 1094/2010
Article 30 – paragraph 1 a
Article 30 – paragraph 1 a
1a. For the purpose of this Article, the Authority shall establish a review committee, exclusively composed of staff from the Authority and competent authorities. The Authority may delegate certain tasks or decisions to the review committee.;
Amendment 925 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EU) No 1094/2010
Article 31 – paragraph 1
Article 31 – paragraph 1
(15a) in Article 31, paragraph 1 is replaced by the following: The Authority shall fulfil a general coordination role between competent authorities, in particular in situations where adverse developments could potentially jeopardise the orderly functioning and integrity of financial markets or the stability of the financial system or the protection of policyholders, pension scheme members and beneficiaries in the Union.
Amendment 927 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EU) No 1094/2010
Article 31 – paragraph 2 – point e
Article 31 – paragraph 2 – point e
(e) taking all appropriate measures15a) In Article 31, point (e) of paragraph 2 is replaced by the following: (e) taking all appropriate measures, including, upon a request from the competent authorities or on its own initiative, setting up and coordinate the activity or functioning of collaboration platforms as referred to in Article 31c in case of developments which may jeopardise the functioning of the financial markets with a view to facilitating the coordination of actions undertaken by relevant competent authorities;
Amendment 931 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EU) No 1094/2010
Article 31 a – paragraph 2 – subparagraph 1
Article 31 a – paragraph 2 – subparagraph 1
2. The competent authorities shall notify the Authority where they intend to carry out an authorisation or registration related to a financial institution which is under supervision of the competent authority concerned in accordance with the acts referred to in Article 1(2) and where the business plan of the financial institution entails the outsourcing or delegation of a material part of its activities or any of the key functions or the risk transfer of a material part of its activities into third countries, to benefit from the EU passport while essentially performing substantial activities or functions outside the Union. The notification to the Authority shall be sufficiently detailed to allow for a proper assessment by the Authority.
Amendment 932 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EU) No 1094/2010
Article 31 a – paragraph 2 – subparagraph 2
Article 31 a – paragraph 2 – subparagraph 2
Amendment 933 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EU) No 1094/2010
Article 31 a – paragraph 2 – subparagraph 3
Article 31 a – paragraph 2 – subparagraph 3
Amendment 934 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EU) No 1094/2010
Article 31 a – paragraph 2 – subparagraph 4
Article 31 a – paragraph 2 – subparagraph 4
Amendment 935 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Regulation (EU) No 1094/2010
Article 31 a – paragraph 4
Article 31 a – paragraph 4
Amendment 936 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EU) No 1094/2010
Article 31 b (new)
Article 31 b (new)
(17a) The following Article 31b is inserted: ‘Article 31b Early coordination on cross border activities 1. The competent authorities of the home Member State shall inform the competent authorities of the host Member(s) State(s) concerned and the Authority if the competent authorities of the home Member State intend to carry out an authorization related to a financial institution which is under their supervision in accordance with the acts referred to in Article 1(2), where the business plan of the financial institution entails that significant parts of its activities will be done on a cross-border basis. 2. Such information shall be provided without delay to the competent authorities of the host Member(s) State(s) concerned and the Authority, and prior to the formal notifications provided in the acts referred to in Article1(2), so as to allow the competent authorities of the host Member(s) State(s)to express their views on this request. 3. When the competent authorities of a Member State identify an event deteriorating the solvency position, financial condition or organizational structure of a financial institution that may have a cross-border effect, they shall notify the Authority and the competent authorities of the host Member States concerned. 4. In case of incorrect implementation of paragraphs 1, 2 or 3, the authorities of the home Member State or of the host Member State(s) may refer the matter to EIOPA and request its assistance in accordance with Article 19.’
Amendment 937 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 b (new)
Article 2 – paragraph 1 – point 17 b (new)
Regulation (EU) No 1094/2010
Article 31c (new)
Article 31c (new)
Amendment 942 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 – point a
Article 2 – paragraph 1 – point 20 – point a
2. The Authority shall systematically assist the Commission in preparing equivalence decisions pertaining to regulatory and supervisory regimes in third countries following a specific request for advice from the Commission or where required to do so by the acts referred to in Article 1(2).;
Amendment 951 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point a – introductory part
Article 2 – paragraph 1 – point 25 – point a – introductory part
Regulation (EU) No 1094/2010
Article 37 – paragraph 5
Article 37 – paragraph 5
(a) in paragraph 5 the last sentence of the first subparagraph is replaced by the following:
Amendment 952 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point a
Article 2 – paragraph 1 – point 25 – point a
Regulation (EU) No 1094/2010
Article 37 – paragraph 5 – subparagraph 1
Article 37 – paragraph 5 – subparagraph 1
5. The Authority shall provide all necessary information subject to professional secrecy as set out in Article 70 and ensure adequate secretarial support for the Stakeholder Groups. Adequate compensation shall be provided to members of the Stakeholder Groups representing non-profit organisations, excluding industry representatives. Members of the Insurance and Reinsurance Stakeholder Group and of the Occupational PensionsThis compensation shall take into account the members' preparatory and follow-up work and shall be at least equivalent to the reimbursement rates of officials pursuant to Title V, Chapter 1, Section 2 of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (1) (Staff Regulations). The Stakeholder Groups may establish working groups on technical issues. Members of the Stakeholder Groups shall serve for a period of fourive years, following which a new selection procedure shall take place.
Amendment 953 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point b a (new)
Article 2 – paragraph 1 – point 25 – point b a (new)
Regulation (EU) No 1094/2010
Article 37 – paragraph 8
Article 37 – paragraph 8
(ba) paragraph 8 is replaced by the following: ‘8. The Authority shall make public the opinions and advice of the Stakeholder Groups and the results of their consultations. as well as how these opinions, advice and results of consultations were taken into account by the Authority.’
Amendment 954 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 – point a – point -i (new)
Article 2 – paragraph 1 – point 27 – point a – point -i (new)
Regulation (EU) No 1094/2010
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) the Chairperson, who shall be non- voting;-i) point (a) is replaced by the following: ‘(a) the Chairperson;’
Amendment 955 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 – point a – point i
Article 2 – paragraph 1 – point 27 – point a – point i
Regulation (EU) No 1094/2010
Article 40 – paragraph 1 – point a a
Article 40 – paragraph 1 – point a a
(aa) the full time members of the Executive Board referred to Article 45(1), who shall be non-voting;
Amendment 957 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
Regulation (EU) No 1094/2010
Article 41 – paragraph 1
Article 41 – paragraph 1
The Board of Supervisors may establish internal committees for specific tasks and decisions attributed to it. The Board of Supervisors may provide for the delegation of certain clearly defined tasks and decisions to internal committees, to the Executive Board, to a full-time member of the Executive Board, or to the Chairperson.
Amendment 958 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 – point -a (new)
Article 2 – paragraph 1 – point 31 – point -a (new)
Regulation (EU) No 1094/2010
Article 44 – paragraph 1 – subparagraphs 1 and 2
Article 44 – paragraph 1 – subparagraphs 1 and 2
(-a) in paragraph 1, subparagraphs 1 and 2 are replaced by the following: ‘1. Decisions of the Board of Supervisors shall be taken by a simple majority of its members. Each member shall have one vote. In the event of a tie, the Chairperson shall have a casting vote. With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and the last subparagraph of Article 9(6) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions.’
Amendment 959 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 – point a
Article 2 – paragraph 1 – point 31 – point a
Regulation (EU) No 1094/2010
Article 44 – paragraph 1 – subparagraph 2 – sentence 1 a
Article 44 – paragraph 1 – subparagraph 2 – sentence 1 a
Amendment 960 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 – point b
Article 2 – paragraph 1 – point 31 – point b
Regulation (EU) No 1094/2010
Article 44 – paragraph 1 – subparagraphs 3 and 4
Article 44 – paragraph 1 – subparagraphs 3 and 4
Amendment 965 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
Regulation (EU) No 1094/2010
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
2. The full time members shall be selected on the basis of merit, skills, knowledge of financial institutions and markets, and experience relevant to financial supervision and regulation. The full time members shall have extensive management experience. At least one of the full time members should during the three years prior to being appointed not have been employed by a competent authority. The selection shall be based on an open call for candidates, to be published in the Official Journal of the European Union, following which the Commission shall draw up a shortlist of qualified candidates.
Amendment 969 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 34
Article 2 – paragraph 1 – point 34
Regulation (EU) No 1094/2010
Article 45 a – paragraph 4 – subparagraph 2
Article 45 a – paragraph 4 – subparagraph 2
The Executive Board shall meet prior to every meeting of the Board of Supervisors and as often as the Executive Board deems necessary. It shall meet at least five24 times a year.
Amendment 972 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
Regulation (EU) No 1094/2010
Article 47 – paragraph 4
Article 47 – paragraph 4
4. The Executive Board shall adopt the Authority’s staff policy planprogramming document and, pursuant to Article 68(2), the necessary implementing measures of the Staff Regulations of Officials of the European Communities ('the Staff Regulations’).
Amendment 973 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 46 – point a a (new)
Article 2 – paragraph 1 – point 46 – point a a (new)
Regulation (EU) No 1094/2010
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
(aa) the following paragraph 1a is inserted: 1a. The revenue received by the Authority shall not compromise its independence or objectivity.
Amendment 974 #
2017/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 46 – point a b (new)
Article 2 – paragraph 1 – point 46 – point a b (new)
Regulation (EU) No 1094/2010
Article 62 – paragraph 4 – subparagraph 1 a (new)
Article 62 – paragraph 4 – subparagraph 1 a (new)
(ab) in paragraph 4, the following subparagraph is added: Estimates shall be based on the objectives and the expected results of the annual work programme referred to in Article 47(2) and shall take into account the financial resources necessary to achieve those objectives and expected results, in accordance with the principle of performance based budgeting.
Amendment 982 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b a (new)
Article 3 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) No 1095/2010
Article 1 – paragraph 5 – subparagraph 1 – point f
Article 1 – paragraph 5 – subparagraph 1 – point f
(f) enhancing customer protection.ba) in paragraph 5, subparagraph 1, point (f) is replaced by the following: "(f) enhancing customer protection to ensure that all customers are treated fairly by financial institutions."
Amendment 985 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 – point a – point iii a (new)
Article 3 – paragraph 1 – point 5 – point a – point iii a (new)
Regulation (EU) No 1095/2010
Article 8 –paragraph 1 – points i a (new), i b (new) and i c (new)
Article 8 –paragraph 1 – points i a (new), i b (new) and i c (new)
(iiia) the following points (ia), (ib), and (ic) are inserted: ‘(ia) to contribute to the design of a common EU financial data strategy with a view to streamlining the collection, reporting, transfer and usage of data by or to the Authority, competent authorities and third country authorities; (ib) to coordinate enforcement activities among competent authorities; (ic) to publish and maintain databases and tools as laid down in the Regulation of the European Parliament and of the Council on facilitating cross-border distribution of collective investment undertakings and amending Regulations (EU) No 345/2013 and (EU) No 346/2013;’
Amendment 989 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 – point c – point i a (new)
Article 3 – paragraph 1 – point 5 – point c – point i a (new)
Regulation (EU) No 1095/2010
Article 8 – paragraph 2 – point c b (new
Article 8 – paragraph 2 – point c b (new
(ia) the following point (cb) is inserted: ‘(cb) issue no-action letters, as laid down in Article 9(6);’
Amendment 991 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a a (new)
Article 3 – paragraph 1 – point 6 – point a a (new)
Regulation (EU) No 1095/2010
Article 9 – paragraph 1 – point a c (new)
Article 9 – paragraph 1 – point a c (new)
(aa) the following point (ac) is inserted: (aba) (ac) coordinating mystery shopping activities of competent authorities;
Amendment 992 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point c a (new)
Article 3 – paragraph 1 – point 6 – point c a (new)
Regulation (EU) No 1095/2010
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
(ca) paragraph 5 is replaced by the following: ‘5. The Authority may temporarily prohibit or restrict certain financial activities and products that threaten to cause significant financial damage to customers or threaten the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Union in the cases specified and under the conditions laid down in the legislative acts referred to in Article 1(2) or if so required in the case of an emergency situation in accordance with and under the conditions laid down in Article 18.’
Amendment 993 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point c b (new)
Article 3 – paragraph 1 – point 6 – point c b (new)
Regulation (EU) No 1095/2010
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
(cb) the following paragraph 5a is inserted: ‘5a. The Authority may issue time- limited no-action-letters at the request of market participants. These time-limited no-action-letters are a temporary commitment on the part of the Authority and all competent authorities not to enforce market participant non- compliance with specific provisions of Union law where the market participant cannot comply with such provisions of Union law because of any of the following reasons: (a) compliance would place the market participant in breach of other legal and regulatory requirements of Union law; (b) compliance is reasonably impossible without further level 2 measures or level 3 guidance; (c) compliance would significantly distort conditions for neutral competition for the market participant in the Union in the context of the worldwide application of international standards. The Authority shall provide the time- limited no-action-letter to the requestor based on the specific facts and circumstances set forth in the request. The Authority may permit parties other than the requestor to rely on the time- limited no-action-letter to the extent that the third party’s facts and circumstances are substantially similar to those described in the underlying request. The Authority shall make all no-action- letters public. The Authority shall review the decisions referred to in the first and second subparagraph at appropriate intervals and at least every 3 months. If a decision is not renewed after a three-month period, it shall automatically expire. A Member State may request the Authority to reconsider its decision. In that case, the Authority shall decide in accordance with the procedure set out in the second subparagraph of Article 44(1), whether it maintains its decision.
Amendment 997 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 – point d
Article 3 – paragraph 1 – point 7 – point d
Regulation (EU) No 1095/2010
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
5. Where two thirdshe majority of the members of the Securities and Markets Stakeholder Group are of the opinion that the Authority has exceeded its competence by issuing certain guidelines or recommendations, they may send a reasoned opinion to the Commission.
Amendment 1002 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point a
Article 3 – paragraph 1 – point 9 – point a
Regulation (EU) No 1095/2010
Article 19 – paragraph 1 – subparagraph 1 – introductory part
Article 19 – paragraph 1 – subparagraph 1 – introductory part
1. In cases specified in the Union acts referred to in Article 1(2) and without prejudice to the powers laid down in Article 17, the Authority may assist the competent authorities in reaching an agreement in accordance with the procedure set out in paragraphs 2 to 4 in either of the following circumstances:
Amendment 1003 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point a
Article 3 – paragraph 1 – point 9 – point a
Regulation (EU) No 1095/2010
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
In cases where theUnion acts referred to in Article 1(2) require a joint decision to be taken by competent authorities, a disagreement shall be presumed in the absence of a joint decision being taken by those authorities within the time limits set out in those acts.;
Amendment 1004 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point b
Article 3 – paragraph 1 – point 9 – point b
Regulation (EU) No 1095/2010
Article 19 – paragraph 1 a – point a
Article 19 – paragraph 1 a – point a
(a) where a time limit for reaching an agreement between competent authorities has been provided for in the Union acts, referred to in Article 1(2), and the earlier of the following occurs :
Amendment 1005 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point b
Article 3 – paragraph 1 – point 9 – point b
Regulation (EU) No 1094/2010
Article 19 –paragraph 1 a – point b
Article 19 –paragraph 1 a – point b
(b) where no time limit for reaching an agreement between competent authorities has been provided in the Union acts referred to in Article 1(2) , and the earlier of the following occurs:
Amendment 1006 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point b
Article 3 – paragraph 1 – point 9 – point b
Regulation (EU) No 1095/2010
Article 19 – paragraph 1 b – subparagraph 2
Article 19 – paragraph 1 b – subparagraph 2
Pending the Authority's decision in accordance with the procedure set out in Article 47(3a), in cases where the acts referred to in Article 1(2)Union acts require a joint decision to be taken, all competent authorities involved in the joint decision shall defer their individual decisions. Where the Authority decides to act, all the competent authorities involved in the joint decision shall defer their decisions until the procedure set out in paragraphs 2 and 3 is concluded.";
Amendment 1007 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point b a (new)
Article 3 – paragraph 1 – point 9 – point b a (new)
Regulation (EU) No 1095/2010
Article 19 – paragraph 2
Article 19 – paragraph 2
(ba) Paragraph 2 is replaced by the following: 2. The Authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in the acts referred to in Article 1(2)Union acts and the complexity and urgency of the matter. At that stage the Authority shall act as a mediator.
Amendment 1015 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11 – point a a (new)
Article 3 – paragraph 1 – point 11 – point a a (new)
Regulation (EU) No 1095/2010
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
(aa) Paragraph 2 is replaced by the following: ‘2. The Authority may, as appropriate, develop new practical instruments and convergence tools, such as question-and- answer tools, to promote common supervisory approaches and practices., taking into account stakeholder contributions in the case where instruments and convergence tools can have a significant impact on the market.’
Amendment 1019 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11 – point b a (new)
Article 3 – paragraph 1 – point 11 – point b a (new)
Regulation (EU) No 1095/2010
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
(ba) a new paragraph 2a is inserted: ‘2a. The competent authorities shall confirm whether or not they comply with the ‘question-and-answer’ tools. If one or more authorities do not comply with them, they must inform the Authority and state the reasons why they do not comply. The Authority shall publish the reasons given, after having informed the competent authority or authorities of such publication.’
Amendment 1021 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
Regulation (EU) No 1095/2010
Article 29 a – paragraph 1 – subparagraph 1
Article 29 a – paragraph 1 – subparagraph 1
1. Competent authorities shall identify and inform the Authority about supervisory activities that should be prioritised in order to address relevant micro-prudential trends, potential risks and vulnerabilities. Upon the entry into application of Regulation [XXX insert reference to amending Regulation] and every three years thereafter by 31 March, based on the contributions from competent authorities, the Authority shall issue a recommendation addressed to competent authorities, laying down supervisory strategic objectives and priorities ("Strategic Supervisory Plan") and, taking into account any contributions from competent authorities,. The Authority shall transmit the Strategic Supervisory Plan for information to the European Parliament, the Council and the Commission and shall make it public on its website.
Amendment 1022 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
Regulation (EU) No 1095/2010
Article 29 a – paragraph 1 – subparagraph 2
Article 29 a – paragraph 1 – subparagraph 2
The Strategic Supervisory Plan shall identify specific priorities for supervisory activities in order to promote consistent, efficient and effective supervisory practices and the common, uniform and consistent application of Union law and to address relevant micro-prudential trends, potential risks and vulnerabilities identified in accordance with Article 32. This strategic plan does not in any way prevent the competent authorities from defining in their draft annual work programme the risks specific to their jurisdiction, in particular with regard to investor protection.
Amendment 1023 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point a
Article 3 – paragraph 1 – point 13 – point a
Regulation (EU) No 1095/2010
Article 30 – title
Article 30 – title
Amendment 1024 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point b
Article 3 – paragraph 1 – point 13 – point b
Regulation (EU) No 1095/2010
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Authority shall periodically conduct peer reviews of some or all of the activities of competent authorities, to further strengthen consistency in supervisory outcomes. To that end, the Authority shall develop methods to allow for objective assessment and comparison between the competent authorities reviewed. When conducting peer reviews, existing information and evaluations already made with regard to the competent authority concerned, including all information provided to the Authority in accordance with Article 35, and any information from stakeholders shall be taken into account.;
Amendment 1025 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point c
Article 3 – paragraph 1 – point 13 – point c
Regulation (EU) No 1095/2010
Article 30 – paragraph 1 a
Article 30 – paragraph 1 a
1a. For the purposes of this Article, the Authority shall establish a peer review committee, exclusively composed of staff from the Authority and the competent authorities. The Authority may delegate certain tasks or decisions related to reviews of competent authorities to the review committee.;
Amendment 1026 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point c
Article 3 – paragraph 1 – point 13 – point c
Regulation (EU) No 1095/2010
Article 30 – paragraph 1 a
Article 30 – paragraph 1 a
1a. For the purposes of this Article, the Authority shall establish a review committee, exclusively composed of staff from the Authority and competent authorities. The Authority may delegate certain tasks or decisions related to reviews of competent authorities to the review committee.;
Amendment 1027 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point d – point i
Article 3 – paragraph 1 – point 13 – point d – point i
The peer review shall include an assessment of, but shall not be limited to:;
Amendment 1028 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point d – point ii a (new)
Article 3 – paragraph 1 – point 13 – point d – point ii a (new)
Regulation (EU) No 1095/2010
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(iia) point (b) is amended as follows: ‘(b) the degree of convergence reached in the application of Union law and in supervisory practice, including regulatory technical standards and implementing technical standards, guidelines and recommendations adopted under Articles 10 to 16 and Article 29(2), and the extent to which the supervisory practice achieves the objectives set out in Union law;’
Amendment 1029 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point e
Article 3 – paragraph 1 – point 13 – point e
Regulation (EU) No 1095/2010
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
3. The Authority shall produce a report setting out the results of the peer review. That report shall explain and indicate the follow-up measures that are foreseen as a result of the peer review. Those follow-up measures may be adopted in the form of guidelines and recommendations pursuant to Article 16 and opinions pursuant to Article 29(1)(a).
Amendment 1030 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point f
Article 3 – paragraph 1 – point 13 – point f
Regulation (EU) No 1095/2010
Article 30 – paragraph 3 a
Article 30 – paragraph 3 a
3a. The Authority shall submit an opinion to the Commission where, having regard to the outcome of the peer review or to any other information acquired by the Authority in carrying out its tasks, it considers further harmonisation of the rules applicable to financial market participants or competent authorities would be necessary.;
Amendment 1031 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 – point g
Article 3 – paragraph 1 – point 13 – point g
Regulation (EU) No 1095/2010
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The Authority shall publish the report referred to in paragraph 3 including any follow-up report, unless publication would involve risks to the stability of the financial system. The competent authority that is subject to the peer review shall be invited to comment before the publication of any report. Those comments shall be made publicly available unless publication would involve risks to the stability of the financial system.";
Amendment 1036 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Regulation (EU) No 1095/2010
Article 31 a – paragraph 2 – subparagraph 1
Article 31 a – paragraph 2 – subparagraph 1
2. The competent authorities shall notify the Authority where they intend to carry out an authorisation or registration related to a financial market participant which is under supervision of the competent authority concerned in accordance with the acts referred to in Article 1(2) and where the business plan of the financial market participant entails the outsourcing or delegation of a material part of its activities or any of the key functions or the risk transfer of a material part of its activities into third countries, to benefit from the EU passport while essentially performing substantial activities or functions outside the Union. The notification to the Authority shall be sufficiently detailed to allow for a proper assessment by the Authority.
Amendment 1038 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Regulation (EU) No 1095/2010
Article 31 a – paragraph 2 – subparagraph 2
Article 31 a – paragraph 2 – subparagraph 2
Amendment 1040 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Regulation (EU) No 1095/2010
Article 31 a – paragraph 2 – subparagraph 3
Article 31 a – paragraph 2 – subparagraph 3
Amendment 1041 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Regulation (EU) No 1095/2010
Article 31 a – paragraph 2 – subparagraph 4
Article 31 a – paragraph 2 – subparagraph 4
Amendment 1046 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Regulation (EU) No 1095/2010
Article 31 a – paragraph 4
Article 31 a – paragraph 4
Amendment 1050 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18 – point a
Article 3 – paragraph 1 – point 18 – point a
Regulation (EU) No 1095/2010
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Authority shall systematically assist the Commission in preparing equivalence decisions pertaining to regulatory and supervisory regimes in third countries following a specific request for advice from the Commission or where required to do so by the acts referred to in Article 1(2).;
Amendment 1052 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18 – point b
Article 3 – paragraph 1 – point 18 – point b
Regulation (EU) No 1095/2010
Article 33 – paragraph 2 a – subparagraph 1
Article 33 – paragraph 2 a – subparagraph 1
2a. The Authority shall monitor the regulatory and supervisory developments and enforcement practices and relevant market developments in third countries for which equivalence decisions have been adopted by the Commission pursuant to the acts referred to in Article 1(2) in order to verify whether the criteria, on the basis of which those decisions have been taken and any conditions set out therein, are still fulfilled with a particular focus on third country prospectuses, benchmarks, trading venues, credit rating agencies and central securities depositories. It shall take into account the market relevance of the third countries concerned. The Authority shall submit a confidential report on its findings to the Commission on an annual basis
Amendment 1063 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23 – point -a (new)
Article 3 – paragraph 1 – point 23 – point -a (new)
Regulation (EU) No 1095/2010
Article 37 – paragraph 3
Article 37 – paragraph 3
(-a) paragraph 3 is replaced by the following: 3. The members of the Securities and Markets Stakeholder Group shall be appointed by the Board of Supervisors, following proposals from the relevant stakeholders. In making its decision, the Board of Supervisors shall, to the extent possible, ensure an appropriate geographical and gender balance and representation of stakeholders across the Union. The selection process should be fully transparent.
Amendment 1064 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23 – point a
Article 3 – paragraph 1 – point 23 – point a
Regulation (EU) No 1095/2010
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
(a) in paragraph 4 the last sentence of the first subparagraph is replaced by the following:, subparagraph 1 is replaced by the following: 4. The Authority shall provide all necessary information, subject to professional secrecy, as set out in Article 70, and ensure adequate secretarial support for the Securities and Markets Stakeholder Group. Adequate compensation shall be provided to members of the Securities and Markets Stakeholder Group that are representing non-profit organisations, excluding industry representatives. This compensation shall take into account the members' preparatory and follow-up work and shall be at least equivalent to the reimbursement rates of officials pursuant to Title V, Chapter 1, Section 2 of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (1) (Staff Regulations). The Securities and Markets Stakeholder Group may establish working groups on technical issues. Members of the Securities and Markets Stakeholder Group shall serve for a period of fourive years, following which a new selection procedure shall take place.;
Amendment 1066 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23 – point b a (new)
Article 3 – paragraph 1 – point 23 – point b a (new)
Regulation (EU) No 1095/2010
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 1068 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 25 – point a – point -i (new)
Article 3 – paragraph 1 – point 25 – point a – point -i (new)
Regulation (EU) No 1095/2010
Article 40 –paragraph 1 – point a
Article 40 –paragraph 1 – point a
(a) the Chairperson, who shall be non- voting;-i) point (a) is replaced by the following: ‘(a) the Chairperson;’
Amendment 1069 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 25 – point a – point i
Article 3 – paragraph 1 – point 25 – point a – point i
Regulation (EU) No 1095/2010
Article 40 –paragraph 1 – point a a
Article 40 –paragraph 1 – point a a
(aa) the full time members of the Executive Board referred to Article 45(1), who shall be non-voting;;
Amendment 1070 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 27
Article 3 – paragraph 1 – point 27
Regulation (EU) No 1095/2010
Article 41 – paragraph 1
Article 41 – paragraph 1
The Board of Supervisors may establish internal committees for specific tasks and decisions attributed to it. The Board of Supervisors may provide for the delegation of certain clearly defined tasks and decisions to internal committees, to the Executive Board, to a full-time member of the Executive Board, or to the Chairperson.;
Amendment 1073 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30 – point -a (new)
Article 3 – paragraph 1 – point 30 – point -a (new)
Regulation (EU) No 1095/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
(-a) in paragraph 1, subparagraph 1 is replaced by the following ‘1. Decisions of the Board of Supervisors shall be taken by a simple majority of its members. Each member shall have one vote. In the event of a tie, the Chairperson shall have a casting vote.’
Amendment 1074 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30 – point -a a (new)
Article 3 – paragraph 1 – point 30 – point -a a (new)
Regulation (EU) No 1095/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
(-aa) in paragraph 1, subparagraph 2 is replaced by the following: ‘With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and the last subparagraph of Article 9(6) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions.’
Amendment 1075 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30 – point a
Article 3 – paragraph 1 – point 30 – point a
Regulation (EU) No 1095/2010
Article 44 – paragraph 1 – subparagraph 2 – 2nd sentence
Article 44 – paragraph 1 – subparagraph 2 – 2nd sentence
Amendment 1076 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30 – point b
Article 3 – paragraph 1 – point 30 – point b
Regulation (EU) No 1095/2010
Article 44 – paragraph 1 – subparagraphs 3 and 4
Article 44 – paragraph 1 – subparagraphs 3 and 4
Amendment 1077 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
Regulation (EU) No 1095/2010
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The Executive Board shall be composed of the Chairperson and fivthree full time members. The Chairperson shall assign clearly defined policy and managerial tasks to each of the full time members. One of the as fuoll timows: (a) one members shall be assigned responsibilities for budgetary matters and for matters relating to the work programme of the Authority ("Member in charge"). One of the full time members shall; (b) one member shall be assigned responsibilities for convergence of supervisory powers, chair, in particular, the peer review committee and act as a Vice Chairperson and carry out the tasks of the Chairperson in his or her absence or reasonable impediment, in accordance with this Regulation. The Head of the CCP Executive Session shall participate as observer to all meetings of; (c) one member shall chair the CCP Executive BoardSession.
Amendment 1081 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
Regulation (EU) No 1095/2010
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The full time members shall be selected on the basis of merit, skills, knowledge of financial market participants and markets, and experience relevant to financial supervision and regulation. The full time members shall have extensive management experience. At least one of the full time members should during the three years prior to being appointed not have been employed by a competent authority. The selection shall be based on an open call for candidates, to be published in the Official Journal of the European Union, following which the Commission shall draw up a shortlist of qualified candidates.
Amendment 1086 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33
Article 3 – paragraph 1 – point 33
Regulation (EU) No 1095/2010
Article 45 a – paragraph 4 – subparagraph 2
Article 45 a – paragraph 4 – subparagraph 2
The Executive Board shall meet prior to every meeting of the Board of Supervisors and as often as the Executive Board deems necessary. It shall meet at least five24 times a year.
Amendment 1090 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
4. The Executive Board shall examine and prepare decisions for adoption by the Board of Supervisors on all matters where acts referred to in Article 1(2) have conferred functions of authorisation or supervision and corresponding powers upon the Authority.4. The Executive Board shall adopt the Authority’s staff policy planprogramming document and, pursuant to Article 68(2), the necessary implementing measures of the Staff Regulations of Officials of the European Communities ('the Staff Regulations’).
Amendment 1097 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 46 – point a a (new)
Article 3 – paragraph 1 – point 46 – point a a (new)
Regulation (EU) No 1095/2010
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
(aa) the following paragraph 1a is inserted: ‘1a. The revenue received by the Authority shall not compromise its independence or objectivity.’
Amendment 1098 #
2017/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 46 – point a b (new)
Article 3 – paragraph 1 – point 46 – point a b (new)
Regulation (EU) No 1095/2010
Article 62 – paragraph 4 – subparagraph 1 a (new)
Article 62 – paragraph 4 – subparagraph 1 a (new)
(ab) in paragraph 4, the following subparagraph is added: ‘Estimates shall be based on the objectives and the expected results of the annual work programme referred to in Article 47(2) and shall take into account the financial resources necessary to achieve those objectives and expected results, in accordance with the principle of performance based budgeting.’
Amendment 1177 #
2017/0230(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 10
Article 9 – paragraph 1 – point 10
Regulation (EU) 2017/1129
Article 31a – paragraph 1 – point a
Article 31a – paragraph 1 – point a
(a) prospectuses drawn up by any legal entity or person established in the Union and relating to the admission to trading on a regulated market of non-equity securities, which are to be traded only on a regulated market, or a specific segment thereof, to which only qualified investors can have access fose denomination per unit amounts to at least EUR 100000, to trading on regulated markets in more the purposes of trading such securities;an one Member State;
Amendment 1178 #
2017/0230(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 10
Article 9 – paragraph 1 – point 10
Regulation (EU) 2017/1129
Article 31a – paragraph 1 – point b
Article 31a – paragraph 1 – point b
(b) prospectuses drawn up by any legal entity or person established in the Union and relating to the trading of asset backed securities in more than one Member State;
Amendment 66 #
2017/0224(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect past, current and future projects and programmes of Union interest on grounds of security or public order. This would give the Commission a tool to protect projects and programmes which serve the Union as whole and represent an important contribution to its economic growth, jobs and competitiveness. This should include in particular projects and programmes involving a substantial EU funding or established by Union legislation regarding critical infrastructure, critical technologies or critical inputs. For greater clarity, an indicative list of projects or programmes of Union interest in relation to which foreign direct investment can be subject to a screening by the Commission should be listed in an Annex.
Amendment 83 #
2017/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'foreign investor' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment; or a natural person or an undertaking that holds the following rights in the investing undertaking:
Amendment 85 #
2017/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a (new)
Article 2 – paragraph 1 – point 2 – point a (new)
a) right to excercise more than 50% of the voting rights; and
Amendment 86 #
2017/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b (new)
Article 2 – paragraph 1 – point 2 – point b (new)
b) ownership right amounting to 50% of the undertaking’s capital or owns more than 50% of the rights giving entitlement to profit.
Amendment 90 #
2017/0224(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States mayshall maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 95 #
2017/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 98 #
2017/0224(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve or have involved a substantial amount or a significant share of EU funding, or which are covered by Union legislation regarding critical infrastructure, critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 102 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order, Member States and the Commission may consider the potential direct and indirect effects on, inter alia:
Amendment 111 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
- critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, biotechnology, space or nuclear technology;
Amendment 117 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 a (new)
Article 4 – paragraph 1 – indent 4 a (new)
- the security of supply of critical outputs such as healthcare;
Amendment 121 #
2017/0224(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission mayshall take into account whether the foreign investor is directly or indirectly controlled by the government of a third country, including through significant funding.
Amendment 129 #
2017/0224(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States shall notify other Member States and the Commission of any attempts by investors to circumvent the screening mechanisms and screening decisions.
Amendment 133 #
2017/0224(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. The Commission shall develop and share a ‘best practice’ screening mechanism which may be adopted by Member States, for instance where there is currently no screening mechanism in place. Member States may call upon the Commission's Structural Reform Support Service (SRSS) in setting up their screening mechanism.
Amendment 139 #
2017/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States that do not maintain screening mechanisms shall provide the Commission with an annual report covering foreign directs investments that took place in their territory, on the basis of information available to themdevelop a screening mechanism by ... [one year from the entry into force of this Regulation].
Amendment 148 #
2017/0224(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in one or mormore than one Member States, it mayshall issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed and addressed to the other Member State(s) which could potentially be impacted, or which have been impacted. The Commission may issue an opinion irrespective of whether other Member States have provided commentschoose to do so.
Amendment 150 #
2017/0224(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Where the Commission, Member States or the Coordination group have been made aware of a threat to security or public order, such as coordinated efforts by one or more foreign countries to obtain critical assets, this information shall be shared without undue delay so that FDI screening efforts can be coordinated.
Amendment 152 #
2017/0224(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. TUpon request by the Commission or a Member State which duly considers that a foreign direct investment is likely to affect its security or public order may request from, the Member State where the foreign direct investment is planned or has been completed, shall deliver any information necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3.
Amendment 155 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or public order, the Commission mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 157 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Where Member States are in an Excessive Deficit Procedure, the Commission conducts additional oversight over foreign direct investments in these Member States. Where the Commission considers that a foreign direct investment is likely to affect security or public order, it shall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 159 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may request fromUpon request of the Commission, the Member State where the foreign direct investment is planned or has been completed shall deliver any information necessary to issue the opinion referred to in paragraph 1.
Amendment 160 #
2017/0224(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall address its opinion to the Member State concerned within a reasonable period of time, and in any case no later than 25 working days following receipt of the information requested by the Commission pursuant to paragraph 2. Where a Member State has a screening mechanism in place as referred to in Article 3(1) and the information on foreign direct investment undergoing screening has been received by the Commission pursuant to Article 8(1), the opinion shall be delivered no later than 25 working days following receipt of such information. Where additional information is needed to issue an opinion, the 25-day period shall run from the date of receipt of the additional information.
Amendment 167 #
2017/0224(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Information received as a result of the application of this Regulation shall be used only for the purpose for which it was requested, without leading to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy.
Amendment 169 #
2017/0224(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States and the Commission shall ensure the protection of confidential and commercially sensitive information acquired in application of this Regulation.
Amendment 497 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. No later than 12 months after the entry into force of this Regulation, the Commission, in collaboration with EIOPA and stakeholders, shall set up a platform for small PEPP providers so as to enable them to cooperate and form partnerships with other PEPP providers in other Member States.
Amendment 204 #
2017/0136(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) The Commission and ESMA should also be able to impose all the additional requirements they deem necessary to guarantee the financial stability of the EU on the CCP of a third country of systemic importance.
Amendment 284 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EU) 648/2012
Article 17 – paragraph 4 – subparagraph 4
Article 17 – paragraph 4 – subparagraph 4
(2a) In Article 17(4), the fourth subparagraph is replaced by the following: Where a joint opinion by mutual agreement as referred to in the third subparagraph has not been reached and a simple majority of two- thirds of the college have expressed a negative opinion, any of the competent authorities concerned, based on that majority of two-thirds of the college, may, within 30 calendar days of the adoption of that negative opinion, refer the matter to ESMA in accordance with Article 19 of Regulation (EU) No 1095/2010.
Amendment 298 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c a (new)
Article 2 – paragraph 1 – point 3 – point c a (new)
Regulation (EU) No 648/2012
Article 18 – paragraph 4 – subparagraph 1 a (new)
Article 18 – paragraph 4 – subparagraph 1 a (new)
(ca) In paragraph 4, the following subparagraphs are added: To make ESMA’s supervisory role easier and ensure members of the colleges play an active part in this role, if a college member believes, based on the information shared in accordance with (b), that the risk management practices of a CCP do not meet all the requirements stipulated in this regulation, or that they might jeopardise their resilience, this member may submit a recommendation to the competent authority and the college to rectify the situation and to improve the CCP’s resilience. The college may adopt the recommendation by a simple majority of its members. In the 30 days following the recommendation’s adoption by the college, ESMA shall carry out an investigation and decide whether there is scope for taking specific supervisory measures in accordance with Article 21a, paragraph 3. It shall inform the competent authority and college immediately of its decision.
Amendment 302 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EU) No 648/2012
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
(3a) In Article 19, after paragraph 1 the following subparagraph is inserted: At the request of each college member and once it has been adopted by the college by a simple majority, the opinion may include recommendations for improving the resilience of the CCP.
Amendment 315 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point b a (new)
Article 2 – paragraph 1 – point 6 – point b a (new)
Regulation (EU) No 648/2012
Article 21 – paragraph 6 – subparagraph 2 – point a
Article 21 – paragraph 6 – subparagraph 2 – point a
(ba) in paragraph 6, point (a) of the second subparagraph is replaced by the following: (a) conduct a peer review analysis of the supervisory activities of all competent authorities in relation to the authorisation and the supervision of CCPs in accordance with Article 30 of Regulation (EU) No 1095/2010, in addition to a comparative analysis of the risk management practices of all the CCPs authorised in accordance with Article 14 of this Regulation; and”
Amendment 331 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EU) No 648/2012
Article 21 a – paragraph 1 a (new)
Article 21 a – paragraph 1 a (new)
1a. Where ESMA deems that a draft decision submitted by a competent authority in accordance with paragraph 1 should be subject to the procedures laid down in Articles 15 or 49, it shall inform the competent authority and the college. Where ESMA makes such a decision, the competent authority shall not adopt that decision. The competent authority shall inform the CCP, implement the appropriate procedure and prepare and submit a draft decision in accordance with paragraph 1.
Amendment 340 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EU) No 648/2012
Article 21a – paragraph 2 –subparagraph 1
Article 21a – paragraph 2 –subparagraph 1
Competent authorities shall prepare and submit draft decisions to the central banks of issue referred to in Article 18(2)(h) before adopting any decision pursuant to Articles 14, 15, 20, 41, 44, 46, 50 and 54.
Amendment 397 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EU) No 648/2012
Article 22 a (new)
Article 22 a (new)
Amendment 400 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
Regulation (EU) No 648/2012
Article 22 a (new)
Article 22 a (new)
Amendment 409 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
Regulation (EU) No 648/2012
Article 22 b (new)
Article 22 b (new)
7c. The following Article 22b is inserted: Article 22b Decision-making within the CCP Supervisory Committee The CCP Supervisory Committee shall take its decisions by a simple majority of its members, except for decisions relating to Articles 17, 20 and 25, which must be adopted by a majority of two thirds of the CCP Supervisory Committee. The Chair shall have a casting vote in the event of a tie vote.
Amendment 451 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point d a (new)
Article 25 – paragraph 2 a – subparagraph 1 – point d a (new)
(da) The effect that the default or disruption of the CCP would have on the liquidity of the markets supplied, or on the implementation of the monetary policy of the central banks of issue
Amendment 454 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 a – subparagraph 1 – point d b (new)
Article 25 – paragraph 2 a – subparagraph 1 – point d b (new)
(db) The substitutability of clearing services provided by the CCP.
Amendment 467 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 b – point b a (new)
Article 25 – paragraph 2 b – point b a (new)
(ba) The CCP shall comply with any additional requirements set by the Commission (or ESMA);
Amendment 473 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) 648/2012
Article 25 – paragraph 2 c – point d
Article 25 – paragraph 2 c – point d
(d) the CCP has put in place all necessary measures and procedures thato ensure the effective compliance with the requirements laid down in points (a), (bb) and (c);
Amendment 498 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point c
Article 2 – paragraph 1 – point 9 – point c
Regulation (EU) No 648/2012
Article 25 – paragraph 5
Article 25 – paragraph 5
5. ESMA shall, after consulting the authorities and entities referred to in paragraph 3, review the recognition of the CCP established in a third country where that CCP has extended the range of its activities and services in the Union and in any case at least every two years. That review shall be conducted in accordance with paragraphs 2, 3 and 4. Where, further to the review referred to in Article 25(5), ESMA determines that a previously recognised CCP [entry into force of this Regulation] meets the criteria of a level 2 CCP referred to in Article 25(2a), or where a third-country CCP recognised as a level 1 CCP must be recognised as a level 2 CCP, ESMA shall set an appropriate adaptation period of no more than 12 months in which time the CCP must meet the requirements laid down in Article 25(2b). Where, pursuant to Article 25(2c), the Commission concludes that a CCP or one of its clearing services should not be recognised, ESMA shall set an appropriate adaptation period of no more than twelve months in which time the CCP may be temporarily recognised.
Amendment 514 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point g a (new)
Article 2 – paragraph 1 – point 9 – point g a (new)
Regulation (EU) No 648/2012
Article 25 – paragraph 7 – point e a (new)
Article 25 – paragraph 7 – point e a (new)
(ga) in paragraph 7 the following point is added: (ea) Where decision-making powers are given to ESMA in accordance with Article 25(c), the procedures will guarantee the effective implementation of these powers.
Amendment 517 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point g b (new)
Article 2 – paragraph 1 – point 9 – point g b (new)
Regulation (EU) No 648/2012
Article 25 – paragraph 7 – point e b (new)
Article 25 – paragraph 7 – point e b (new)
(gb) in paragraph 7, the following point is added.: (eb) Procedures that relate to emergency situations, including the agreement of third-country authorities to notify ESMA without delay of any emergency situation that relates to a CCP, including developments in financial markets that may have an adverse effect on market liquidity or on the stability of the financial system in one of the Member States or the EU as a whole, including the agreement of third-country authorities guaranteeing the appropriate involvement of ESMA and the central banks concerned in decisions taken in these emergencies.
Amendment 547 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 b – paragraph 3
Article 25 b – paragraph 3
3. ESMA shall carry out assessments of the resilience of recognised CCPs to adverse market developments in accordance with Article 32(2) of Regulation (EU) No 1095/2010, and in coordination with the assessments laid down in Article 21(6b) of Regulation (EU) 648/2012.
Amendment 558 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 d – paragraph 1 –subparagraph 1 a (new)
Article 25 d – paragraph 1 –subparagraph 1 a (new)
The central banks of issue of financial instruments cleared by the CCP may ask ESMA for permission to take part in these investigations if they would help them to carry out their monetary policy tasks.
Amendment 562 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 d – paragraph 4
Article 25 d – paragraph 4
4. Prior to notifying a Tier 2 CCP of an investigation, ESMA shall inform the relevant third-country competent authority where the investigation is to be carried out of the investigation and of the identity of the authorised persons. Officials of the third-country competent authority concerned may, upon the request of ESMA, assist those authorised persons in carrying out their duties. Officials of the third-country competent authority concerned may also attend the investigations. Investigations in accordance with this Article shall be conducted provided that the relevant third-country authority does not object to them.
Amendment 566 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 648/2012
Article 25 e – paragraph 3 – subparagraph 1
Article 25 e – paragraph 3 – subparagraph 1
In sufficient time before the inspection, ESMA shall give notice of the inspection to the relevant third-country competent authority where the inspection is to be conducted. Where the proper conduct and efficiency of the inspection so require, ESMA, after informing the relevant third- country competent authority, may carry out the on-site inspection without prior notice to the CCP. Inspections in accordance with this Article shall be conducted provided that the relevant third-country authority has confirmed that it does not object to those inspections.
Amendment 62 #
2017/0090(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Post trade risk reduction services can serve to reduce counterparty exposures as well as to reduce operational and counterparty risks from a build-up of market participants' gross outstanding positions. In order to ensure that these benefits may be fully realised, it is appropriate to exempt certain post trade risk reduction services from the clearing obligation, which would also align the provisions under this Regulation with those under Regulation (EU) No 600/20141a. _________________ 1aRegulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173 12.6.2014, p. 84).
Amendment 85 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 648/2012
Article 2 – point 8 a (new)
Article 2 – point 8 a (new)
(1a) In Article 2, after point 8 the following point is inserted: ‘(8a) “portfolio compression” means portfolio compression as defined in Article 2(1) of Regulation (EU) 600/2014;’.
Amendment 87 #
2017/0090(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point -a (new)
Article 1 – paragraph 1 – point 2 – point -a (new)
Regulation (EU) No 648/2012
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 163 #
2017/0090(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 7 – point a
Article premier – paragraph 1 – point 7 – point a
Regulation (EU) No 648/2012
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Amendment 164 #
2017/0090(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 7 – point b
Article premier – paragraph 1 – point 7 – point b
Regulation (EU) No 648/2012
Article 9 – paragraph 1a – subparagraph 1
Article 9 – paragraph 1a – subparagraph 1
The details of OTC derivative contracts referred to in paragraph 1 shall be reported as follows:concluded between a financial counterparty and a non-financial counterparty not subject to the conditions referred to in the second subparagraph of Article 10(1) shall be reported in the following ways: (-a) financial counterparties shall be solely responsible and only they can be held legally liable for declaring a single set of data and ensuring its accuracy; (-aa) notwithstanding point (i), non- financial counterparties not subject to the conditions laid down in the second subparagraph of Article 10 may choose to report the details of OTC derivative contracts with a financial counterparty to a trade repository. A non-financial counterparty that chooses to declare the details of OTC derivative contracts in accordance with point (ii) shall inform the financial counterparties of its decision before the conclusion of any OTC derivative contract. A non-financial counterparty that chooses to report the details of OTC derivative contracts is solely responsible, and only that counterparty can be held legally liable, for reporting a single set of data and ensuring its accuracy; (a) CCPs shall be responsible for reporting on behalf of both counterparties the details of derivative contracts that are not OTC derivative contracts as well as for ensuring the accuracy of the details reported; (b) financial counterparties shall be responsible for reporting on behalf of both counterparties the details of OTC derivative contracts concluded with a non- financial counterparty that is not subject to the conditions referred to in the second subparagraph of Article 10(1) as well as for ensuring the accuracy of the details reported; (c) the management company of a UCITS shall be responsible for reporting the details of OTC derivative contracts to which that UCITS is a counterparty as well as for ensuring the accuracy of the details reported; (d) the manager of an AIF shall be responsible for reporting the details of OTC derivative contracts to which that AIF is a counterparty as well as for ensuring the accuracy of the details reported; (e) counterparties and CCPs shall ensure that the details of their derivative contracts are reported accurately and without duplication.
Amendment 117 #
2017/0063(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
The exercise of the powers referred to in this Directive by national competition authorities shall be subject to appropriate safeguards, including respect of undertakings̕ rights of defence and the right to an effective remedy before a tribunal, in accordance with general principles of Union law and the Charter of Fundamental Rights of the European Union and article 6 of the European Convention on Human Rights. Tribunals shall be empowered to review the decisions of national competition authorities. This review shall not be limited to legality control but shall also address the merits of the case, including the reasoning relating to the anticompetitive practice and the assessment of the proportionality of the sanction.
Amendment 133 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) National administrative competition authorities have the power to set their priorities for carrying out tasks for the application of Articles 101 and 102 TFEU as defined in Article 5(2). To the extent that national administrative competition authorities are obliged to consider complaints which are formally filed, this shall include the power of those authorities to reject such complaints on the grounds that they do not consider them to be a priority. This is without prejudice to the power of national competition authorities to reject complaints on other grounds defined by national law. Complainants shall be able to request the judicial review of national competition authorities’ decisions to reject a complaint.
Amendment 176 #
2017/0063(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that national administrative competition authorities acting on their own initiative may by decision order the imposition of interim measures on undertakings at least in cases where there is urgency due to the pending risk of serious and irreparable harm to competition and on the basis of a prima facie finding of an infringement of Article 101 or Article 102 TFEU. Such a decision shall be proportionate and reasoned and shall apply for a specific reasonable period of time and may be renewed in so far that is necessary and appropriate. Undertakings shall be allowed to appeal interim measures decisions before a national judicial authority under an emergency procedure.
Amendment 209 #
2017/0063(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not be set at a level belowexceed 10% of its total worldwide turnover in the business year preceding the decision.
Amendment 218 #
2017/0063(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at a level belowexceed 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.
Amendment 254 #
2017/0063(COD)
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Article 27a Limitation periods for investigations Member States shall ensure that national competition authorities can start an investigation on infringements of Articles 101 and 102 TFEU only for ...* years from the end of the infringement. ______________ *To be determined as an average of national practices.
Amendment 259 #
2017/0063(COD)
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Member States shall ensure that business secrets are adequately protected during the whole proceedings. All agents of national competition authorities should comply with this requirement.
Amendment 262 #
2017/0063(COD)
Proposal for a directive
Article 29 – paragraph 5
Article 29 – paragraph 5
5. When a competition authority transmits information provided voluntarily by an applicant pursuant to Article 12 of Regulation (EC) No 1/2003 without the consent of the applicant, Member States shall ensure that receiving national competition authorities are able to provide the commitment referred to in paragraph 4(c).
Amendment 34 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionate and dissuasive criminal penalties, with strict respect for fundamental rights and the general principles of criminal law which protect the rights of defence and of the accused.
Amendment 40 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Commission shall arrange for harmonisation and coordination of the degrees of severity of the penalties, both minimum and maximum, provided for in this field in the various Member States, with due regard for the specific features of the legal system of each Member State.
Amendment 41 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall ensure that the conduct referred to in Articles 3 and 4 shall be punishable by effective, proportionate and dissuasive criminal penalties, with strict respect for fundamental rights and the general principles of the criminal law which protect the rights of defence and of the accused.
Amendment 42 #
2016/0414(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Commission shall arrange for harmonisation and coordination of the degrees of severity of the penalties, both minimum and maximum, provided for in this field in the various countries of the Union, with due regard for the specific features of the legal system of each Member State.
Amendment 44 #
2016/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Each Member State shall ensure that a legal person held liable for offences pursuant to Article 6 shall be punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions, with strict respect for fundamental rights and the general principles of the criminal law which protect the rights of defence and of the accused,such as:
Amendment 50 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Each Member State shall take effective measures to step up coordination between the Union and the Member States and increase cooperation with third countries to combat money laundering, which in particular constitutes a serious threat to the future of developing countries.
Amendment 50 #
2016/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Each Member State shall ensure that a legal person held liable for offences pursuant to Article 6 shall be punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions, with strict respect for fundamental rights and the general principles of criminal law which protect the rights of defence and of the accused, such as:
Amendment 51 #
2016/0414(COD)
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
The Commission shall think about ways of improving international cooperation and supporting developing countries by means of effective measures, particularly the establishment of technical assistance programmes, to enable the latter to improve their administrative and legal systems with the aim of combating money laundering more effectively.
Amendment 140 #
2016/0413(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – indent 3
Article 2 – paragraph 1 – point a – indent 3
- commodities used as highly liquid stores of value referred to in Annex I, particularly gold;
Amendment 167 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where unaccompanied cash of a value of EUR 10 000 or more is entering or leaving the Union, the competent authorities of the Member State through which the cash is entering or leaving may, following a risk analysis, require the sender orsender or his representative shall declare the amount to the competent authorities of the Member State of departure, in the case of a consignment leaving the Union, or of destination in the case of a consignment entering the Union, and shall attach a copy of his declaration to his consignment. If, at the time of a control resulting in the discovery of an undeclared sum, the competent authorities of the Member State of destination or of the Member State of departure are unable to contact the sender, they may require the recipient orf their sum or his representative to make a disclosure declaration. The o within a time limit which they shall set and which shall not exceed 30 days. The cash shall remain at the disposal of the competent authorities for purposes of checking until the recipient or his representative has signed this declaration or, if no declaration is made, until the expiry of the time limit. Obligations to declare shall not be deemed to be fulfilled if the information provided is incorrect or incomplete or the cash is not made available for control. .
Amendment 170 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
Amendment 177 #
2016/0413(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The obligation referred to in paragraph 1 shall not apply to the institutions referred to in Article 3(1) and (2) of Directive (EU) 2015/849.
Amendment 180 #
2016/0413(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 188 #
2016/0413(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities may seize and temporarily retain cash by an administrative decision in accordance with the conditions laid down in national legislation where:
Amendment 193 #
2016/0413(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The administrative decision referred to in paragraph 1 shall be, accompanied by a statement of reasons, shall be communicated to the person affected at the time it is issued, and shall be subject to effective remedy in accordance with procedures provided for in national law.
Amendment 196 #
2016/0413(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The period of temporary retention shall be strictly limited to the time required for competent authorities to determine whether the circumstances of the case warrant further retention. The maximum period of temporary retention shall be laid down by national law; it may not be longer than 390 days. If no determination is made regarding further retention of the cash within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cash shall immediately be made available to the declarant.
Amendment 59 #
2016/0364(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The Basel Committee on banking supervision's oversight body, the Group of Central Bank Governors and Heads of Supervision, has endorsed on 7 December 2017 a set of measures to strengthen the Basel III framework. This set of measures revise approaches for calculating the risk weighted exposure amounts for credit risk, operational risk and the own fund requirements for credit valuation adjustment risk and introduce an aggregate output floor. This set of measures also revises the leverage ratio measurement and introduces a new leverage ratio buffer for global systemically important institutions. The provisions of the finalised Basel II framework should be incorporated into Regulation (EU) No 575/2013 in due course so as to enhance the risk- sensitivity of capital requirements for banks using standardized approaches and to reduce the variability of risk weighted exposures amounts, in particular for banks using the internal or advanced approaches. Being aligned with these new rules should also enhance the international level playing field for EU institutions operating outside the Union. In order to ensure that the implementation in the EU of this set of measures would not have negative consequences on the banking sector or on the financing of the economy, and to ensure that it takes into account in an appropriate manner the specificities of the EU banking sector, a comprehensive impact assessment should be conducted, as soon as possible, by the EBA to inform the Commission, before any legislative proposal is made.
Amendment 60 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a – point -1 (new)
Article 1 – paragraph 1 – point 1 – point a – point -1 (new)
Directive 2013/36/EU
Article 2 – paragraph 5 – introductory part
Article 2 – paragraph 5 – introductory part
(-1) Article 2, paragraph 5, introductory part, is amended as follows: This Directive shall not apply only to the following:
Amendment 67 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2013/36/EU
Article 2 – paragraph 5a
Article 2 – paragraph 5a
Amendment 98 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Directive 2013/36/EU
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 126 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 3
Article 21b – paragraph 3
3. Paragraphs 1 and 2 shall not apply where the total value of assets in the Union of the third country group is lower than EUR 30 billion, unless the third country group is a non-EU G-SII.
Amendment 170 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2013/36/EU
Article 74
Article 74
Amendment 347 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 a (new)
Article 1 – paragraph 1 – point 30 a (new)
Directive 2013/36/EU
Article 131 – paragraph 2 – point e
Article 131 – paragraph 2 – point e
(e) cross-border activity of the group, including cross border activity between Member States and between a Member State and a third country30 a) In Article 131(2), point e is replaced by the following: (e) cross-border activity of the group made outside of Member States participating in the Single Supervisory Mechanism, in accordance with Council Regulation (EU) No 1024/2013.
Amendment 348 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 b (new)
Article 1 – paragraph 1 – point 30 b (new)
Directive 2013/36/EU
Article 131 – paragraph 3 – point c
Article 131 – paragraph 3 – point c
(c) significance of cross-border activities;30 b) In Article 131(3), point c is replaced by the following: ‘(c) significance of cross-border activities made outside of Member States participating in the Single Supervisory Mechanism, in accordance with Council Regulation (EU) No 1024/2013.
Amendment 350 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 c (new)
Article 1 – paragraph 1 – point 30 c (new)
Directive 2013/36/EU
Article 131 – paragraph 3 – subparagraph 2
Article 131 – paragraph 3 – subparagraph 2
(30 c) In Article 131, subparagraph 2 of paragraph 3 is replaced by the following: ‘EBA, after consulting the ESRB, shall publish updated guidelines by 1 January 2015XX1a on the criteria to determine the conditions of application of this paragraph in relation to the assessment of O- SIIs. Those guidelines shall take into account international frameworks for domestic systemically important institutions ands well as Union and national specificities.’ __________________ 1a 1 year after the entry into force of this directive
Amendment 75 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Directive 2014/59/EU
Article 2 – paragraph 1 – point 83b
Article 2 – paragraph 1 – point 83b
(83b) 'resolution group' means a resolution entity and its subsidiaries that are not resolution entities themselves and that are not subsidiaries of another resolution entity; when the resolution entity of the resolution group is the central body of a network or a cooperative group, the credit institutions permanently affiliated to this central body are also part of the resolution group;
Amendment 127 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 18
Article 1 – paragraph 18
Directive 2014/59/EU
Article 27 – paragraph 1 – point i
Article 27 – paragraph 1 – point i
Amendment 133 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 19
Article 1 – paragraph 19
Directive 2014/59/EU
Article 29a
Article 29a
Amendment 197 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2 a. For each institution affiliated to cooperative institutions, authorities shall consider adding to own funds and eligible liabilities of this institution the irrevocable financial support provided by other affiliated institutions through legally- based internal solidarity mechanism to fulfil the requirement.
Amendment 211 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 2 – subparagraph 1 – point a
Article 45b – paragraph 2 – subparagraph 1 – point a
(a) a given amount of the liability arising from the debt instrument is known in advance at the time of issuance, is fixeduntil maturity is fixed or only increasing from a certain floor amount and not affected by a derivative feature;
Amendment 218 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 2 – subparagraph 2
Article 45b – paragraph 2 – subparagraph 2
The liabilities referred to in the first subparagraph shall only be included in the amount of own funds and eligible liabilities for the part that corresponds with the amount or the floor amount referred to in point (a) of the first subparagraph.
Amendment 264 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Amendment 281 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
(ii) a recapitalisation amount that allows the resolution group resulting from resolution to restore its total capital ratio referred in Article 92(1)(c) of Regulation (EU) No 575/2013 and its requirement referred to in Article 104a of Directive 2013/36/EU at resolution group sub- consolidated level;
Amendment 300 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 3 – subparapgraph 4
Article 45c – paragraph 3 – subparapgraph 4
The resolution authority shall set the recapitalisation amounts referred to in the previous subparagraphs in accordance with the resolution actions foreseen in the resolution plan in particular reflecting the decrease of the total risk exposure amount and of the leverage ratio exposure measure resulting from the resolution actions and may adjust those recapitalisation amounts to adequately reflect risks that affect resolvability arising from the resolution group’s business model, funding profile and overall risk profile.
Amendment 313 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 1 – introductory part
Article 45c – paragraph 4 – subparagraph 1 – introductory part
4. Without prejudice to the last subparagraph, fFor entities that are not themselves resolution entities, the amount referred to in paragraph 2 shall not exceed the greater of any of the following:
Amendment 322 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 1 – point a – point ii
Article 45c – paragraph 4 – subparagraph 1 – point a – point ii
(ii) a recapitalisation amount that allows the entity to restore its total capital ratio referred in Article 92(1)(c) of Regulation (EU) No 575/2013 and its requirement referred to in Article 104a of Directive 2013/36/EU;
Amendment 338 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 4
Article 45c – paragraph 4 – subparagraph 4
The resolution authority shall set the recapitalisation amounts referred to the previous subparagraphs in accordance with the resolution actions foreseen in the resolution plan in particular reflecting the decrease of the total risk exposure amount and of the leverage ratio exposure measure resulting from the resolution actions and may adjust those recapitalisation amounts to adequately reflect risks that affect the recapitalisation needs arising from the entity's business model, funding profile and overall risk profile.
Amendment 388 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45e – paragraph 1 – subparagraph 1 – introductory part
Article 45e – paragraph 1 – subparagraph 1 – introductory part
The resolution authority may give guidance to an entity subject to the requirement referred to in Article 45(1) to have own funds and eligible liabilities that fulfil the conditions of Article 45b orexcept for 45b(3) or the conditions of 45g(3) in excess of the levels set out in Article 45c and Article 45d that provides for additional amounts for the following purposes:
Amendment 400 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45e – paragraph 2 – subparagraph 2
Article 45e – paragraph 2 – subparagraph 2
The amount of the guidance given in accordance with point (b) of paragraph 1 shall not exceed the amount of the combined buffer requirement referred to in point (6) of Article 128 of Directive 2013/36/EU, except for the requirement referred to in point (a) and (d) of that provision, unless a higher level is necessary to ensure that, following the event of resolution, the entity continues to meet the conditions for its authorisation for an appropriate period of time that is not longer than one year.
Amendment 414 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 1 – subparagraph 1
Article 45g – paragraph 1 – subparagraph 1
Institutions that are material subsidiaries as defined in Regulation 575/2013/EU of a resolution entity and are not resolution entities themselves shall comply with the requirements laid down in Articles 45c to 45e on an individual basis. A resolution authority may, after having consulted the competent authority, decide to apply the requirement laid down in this Article to an entity referred to in points (a), (b), (c) or (d) of Article 1(1) that is a subsidiary of a resolution entity and is not a resolution entity itself.
Amendment 431 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23 (new)
Article 1 – paragraph 23 (new)
Directive 2014/59/EU
Article 45g – paragraph 2 – point d a (new)
Article 45g – paragraph 2 – point d a (new)
(d a) it shall not exceed 90% of the requirement calculated in accordance with Articles 45c to 45e.
Amendment 456 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 5 – point a
Article 45g – paragraph 5 – point a
Amendment 471 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 5 – point g
Article 45g – paragraph 5 – point g
Amendment 480 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23 (new)
Article 1 – paragraph 23 (new)
Directive 2014/59/EU
Article 45g – paragraph 5 a (new)
Article 45g – paragraph 5 a (new)
5 a. The resolution authority of an entity of the resolution group that is not a resolution entity shall fully waive the application of paragraphs 1 to5 to that entity where: (a) the resolution entity of the resolution group is the central body of a network or a cooperative group; (b) the entity is a credit institution permanently affiliated to this central body.
Amendment 553 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 25
Article 1 – paragraph 25
Directive 2014/59/EU
Article 63 – paragraph 1 – point n
Article 63 – paragraph 1 – point n
Amendment 579 #
2016/0362(COD)
Proposal for a directive
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
Directive 98/26/EC
Article 2 – point a a (new)
Article 2 – point a a (new)
In Article 2, the following point (aa) is added: “(aa) "Protected third country system" shall mean a system governed by the law of a third country and subject to Article 8 of this Directive.”
Amendment 582 #
2016/0362(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Directive 98/26/EC
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
In article 10, the following paragraph (2a) is added: Without prejudice to paragraphs 1 and 2 of this Article, central counterparties recognised by ESMA under the Regulation (EU) No 648/2012* and third- country central securities depositories recognised by ESMA under the Regulation (EU) No 909/2014** shall be protected third country systems and listed in the ESMA list of systems protected under this Directive. Where a cooperative oversight arrangement has been established, the relevant Union central bank of issue of a currency processed in a third country payment system may notify a payment system to ESMA as a protected third country system. ESMA shall list such a system as a system protected under this Directive. _______________ * Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1). ** Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).
Amendment 152 #
2016/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 i – paragraph 1 – introductory part
Article 12 i – paragraph 1 – introductory part
The Board mayshall fully waive the application of Article 12h for a subsidiary of a resolution entity established in a participating Member State where:
Amendment 156 #
2016/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 i – paragraph 1 – point b
Article 12 i – paragraph 1 – point b
(b) the resolution entity complies with the requirement referred to in Article 12gboth the subsidiary and the resolution entity are established in a participating Member State;
Amendment 185 #
2016/0360A(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Point in time reporting of the leverage ratio at the end of the quarterly reporting period rather than reporting on the basis of a three-month average better aligns the leverage ratio with solvency reporting.
Amendment 252 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU) No 575/2013
Article 6 – paragraph 1a – subparagraph 1
Article 6 – paragraph 1a – subparagraph 1
By way of derogation from paragraph 1, only institutions identified as resolution entities, that are also G-SII or are part of a G-SIIO-SII with the total value of its assets exceeds EUR30bn or are part of a G-SII or are part of a O-SII with the total value of its assets exceeds EUR30bn and that do not have subsidiaries shall comply with the requirement laid down in Article 92a on an individual basis.
Amendment 253 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU) No 575/2013
Article 6 – paragraph 1a – subparagraph 2
Article 6 – paragraph 1a – subparagraph 2
Only material subsidiaries of a non-EU G- SII that are not subsidiaries of an EU parent institution, that are not resolution entitiesor of an EU G-SII or a EUO-SII with the total value of its assets exceeds EUR30bn that are not resolution entities, not located in the same member States than their resolution entity and that do not have subsidiaries shall comply with Article 92b on an individual basis.
Amendment 266 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
(iii) the guarantee is fully collateralised for at leastup to 50% of its amount through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC of the European Parliament and of the Council27 ; __________________ 27 Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).
Amendment 279 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 575/2013
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
This paragraph does not apply to Title IV of Part Six.
Amendment 288 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 575/2013
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
This paragraph does not apply to Title IV of Part Six.
Amendment 295 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
regulation 575/2013/EU
Article 8 – paragraph 3 – subparagraph 1 a (new)
Article 8 – paragraph 3 – subparagraph 1 a (new)
This paragraph does not apply to Title IV of Part Six.
Amendment 297 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 575/2013
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. An authority that is competent for supervising on an individual basis an institution and all or some of its subsidiaries having their head offices situated in the same or different Member States than the institution's head office shall waive in full the application of Title IV Part Six to that institution and to all of these subsidiaries and supervise them as a single liquidity sub-group.
Amendment 305 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 575/2013
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6 a. Competent authorities may waive the application of Article 11(1) or (3) to a parent institution in the meaning of an institution belonging to a group of cooperative credit institutions permanently affiliated to a central body meeting the requirements of Article 113(6) and where all of the conditions laid down in respectively Article 7(3) or 8(1), are satisfied.
Amendment 322 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) No 575/2013
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
Amendment 388 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – subparagraph 1 a (new)
Article 72b – paragraph 2 – subparagraph 1 a (new)
By way of derogation from this paragraph and Articles 72b (3)(a) and 72(b) (4)(b) below, instruments issued by entities referred to in points (a), (b), (c) and (d) of Article 1 (1)of Directive 2014/59/EU prior to [date of application of the Regulation amending CRR] shall qualify as eligible liabilities instruments where they at least meet the conditions laid down in points (a), (b), (c), (d) and (e) provided that they do not need to meet point (d) for the purpose of Article 45b of Directive2014/59/EU.
Amendment 405 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72c – paragraph 2 a (new)
Article 72c – paragraph 2 a (new)
2 a. For the purposes of paragraph 1, where an eligible liabilities instrument includes one or more early repayment options including call options exercisable by the issuer, the maturity of the instrument shall be defined as the original stated maturity of the instrument, unless the provisions governing the instrument include an explicit incentive for the principal amount of the instrument to be called, redeemed, repaid or repurchased prior to the original stated maturity. Where the provisions governing the instrument include an explicit incentive for the principal amount of the instrument to be called, redeemed, repaid or repurchased prior to the original stated maturity, the maturity of the instrument shall be defined as the earliest possible date upon which such an issuer redemption or repayment option may be exercised.
Amendment 419 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 575/2013
Article 77 – point b
Article 77 – point b
(b) effect the call, redemption, repayment or repurchase of Additional Tier 1, Tier 2 or eligible liabilities instruments, or Tier 2 instruments as applicable, prior to the date of their contractual maturity..;
Amendment 420 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 575/2013
Article 77 – point b a (new)
Article 77 – point b a (new)
(ba) effect the call, redemption, repayment or repurchase of eligible liabilities instruments as applicable, prior to the date of their contractual maturity, if the institution is in breach, or if the planned operation would lead the institution to be in breach of one or more of the requirements laid down in Articles 92a and 92b of this Regulation and 45 c and d of Directive 2014/59/EU.
Amendment 423 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – title
Article 78 – title
Article 78 Supervisory permission for reducing own funds and eligible liabilities
Amendment 428 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
The competent authority shall grant permission for an institution to reduce, repurchase, call or redeem Common Equity Tier 1, Additional Tier 1, Tier 2 or eligible liabilities or Tier 2 instruments where either of the following conditions is met:
Amendment 431 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – point a
Article 78 – paragraph 1 – point a
(a) earlier than or at the same time as the action referred to in Article 77, the institution replaces the instruments referred to in Article 77 with own funds or eligible liabilities instruments of equal or higher quality at terms that are sustainable for the income capacity of the institution;
Amendment 432 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – point b
Article 78 – paragraph 1 – point b
(b) the institution has demonstrated to the satisfaction of the competent authority that the own funds and eligible liabilities of the institution would, following the action in question, exceed the requirements laid down in this Regulation, in, Directive 2013/36/EU and inArticle 92(1) of this Regulation and in Article 128(6) of Directive 2014/593/36/EU by a margin that the competent authority may considers necessary on the basis of Article104a of Directive 2013/36/EU.
Amendment 436 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 2
Article 78 – paragraph 1 – subparagraph 2
The competent authority shall consultinform the resolution authority before granting that permission.
Amendment 438 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 3
Article 78 – paragraph 1 – subparagraph 3
Amendment 441 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 4
Article 78 – paragraph 1 – subparagraph 4
Amendment 444 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 2
Article 78 – paragraph 2
2. When assessing under point (a) of paragraph 1 the sustainability of the replacement instruments for the income capacity of the institution, competent authorities shall consider the extent to which those replacement capital instruments and liabilities would be more costly for the institution than those they would replace.
Amendment 446 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 4 – point d
Article 78 – paragraph 4 – point d
(d) earlier than or at the same time as the action referred to in Article 77, the institution replaces the instruments referred to in Article 77 with own funds or eligible liabilities instruments of equal or higher quality at terms that are sustainable for the income capacity of the institution and the competent authority has permitted that action based on the determination that it would be beneficial from a prudential point of view and justified by exceptional circumstances;
Amendment 454 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – point a – point ii
Article 81 – paragraph 1 – point a – point ii
(ii) an undertaking that is subject by virtue of applicable national law to thcomparable requirements of this Regulation and Directive 2013/36/EU;
Amendment 490 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EU) No 575/2013
Article 92 a – title
Article 92 a – title
Article 92a G-SII and O-SII Requirement for own funds and eligible liabilities
Amendment 495 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EU) No 575/2013
Article 92 a – paragraph 1 – subparagraph 1 a (new)
Article 92 a – paragraph 1 – subparagraph 1 a (new)
Subject to Articles 93 and 94 and to the exceptions set out in paragraph 2 of this Article, institutions identified as resolution entities and that are O-SIIs or part of O-SIIs with a total value of assets exceeding EUR30bn shall at all times satisfy a risk-based ratio of 13.5%, representing the own funds and eligible liabilities of the institution expressed as a percentage of the total risk exposure amount calculated in accordance with Article 92(3) and (4).
Amendment 552 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
Regulation (EU) No 575/2013
Article 113 – paragraph 6 – point d
Article 113 – paragraph 6 – point d
(52a) In paragraph 6 of Article 113, point (d) is replaced by the following: "(d) the counterparty is established in the same Member State as the institution;" , or both are established in Member States that belong to the Banking Union;" Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32013R0575)
Amendment 559 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
(52a) In Article 124, paragraph 2 is replaced by the following: "2. Based on the data collected under Article 101, and any other relevant indicators, the competent authorities shall periodically, and at least annually, assess whether the risk-weight of 20% or 35 % for exposures secured by mortgages on residential property referred to in Article 125 and the risk weight of 50 % for exposures secured on commercial immovable property referred to in Article 126 located in their territory are appropriately based on: (a) the loss experience of exposures secured by immovable property; (b) forward-looking immovable property markets developments; Competent authorities may set a higher risk weight or stricter criteria than those set out in Article 125(2) and Article 126(2), where appropriate, on the basis of financial stability considerations. For exposures secured by mortgages on residential property, the competent authority shall set the risk weight at a percentage from 3520 % througho 150 %,. For exposures secured on commercial immovable property, the competent authority shall set the risk weight at a percentage from 50 % through 150 %, Within these ranges, the higher risk weight shall be set based on loss experience and taking into account forward-looking markets developments and financial stability considerations. Where the assessment demonstrates that the risk weights set out in Article 125(2) and Article 126(2) do not reflect the actual risks related to one or more property segments of such exposures, fully secured by mortgages on residential property or on commercial immovable property located in one or more parts of its territory, the competent authorities shall set, for those property segments of exposures, a higher risk weight corresponding to the actual risks. The competent authorities shall consult EBA on the adjustments to the risk weights and criteria applied, which will be calculated in accordance with the criteria set out in this paragraph as specified by the regulatory technical standards referred to in paragraph 4 of this Article. EBA shall publish the risk weights and criteria that the competent authorities set for exposures referred to in Articles 125, 126 and 199(1)(a)." ." Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32013R0575)
Amendment 618 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 83
Article 1 – paragraph 1 – point 83
Regulation (EU) No 575/2013
Article 325 c – paragraph 1
Article 325 c – paragraph 1
Amendment 630 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 a i – table 4 – columns Sector and Risk weight – row Bucket 9
Article 325 a i – table 4 – columns Sector and Risk weight – row Bucket 9
Table 4 [Bucket 9 is subdivided in the following 3 categories:] Credit Quality Step 1 Covered bonds issued by credit institutions in Member States: 0.75% Credit Quality Step 2 Covered bonds issued by credit institutions in Member States: 1.25% Credit Quality Step 3 Covered bonds issued by credit institutions in Member States: 2.0%
Amendment 634 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
Regulation (EU) No 575/2013
Article 325 a w – paragraph 2
Article 325 a w – paragraph 2
2. The risk weight of the foreign exchange risk factors concerning currency pairs which are composed by the Euro and the currency of a Member State participating in the second stage of the economic and monetary union shall be one of the following: (a) the risk weight referred to in paragraph 1 divided by √2. 3; (b) the maximum fluctuation within the fluctuation band formally agreed by the Member State and the European Central Bank if narrower than the fluctuation band defined under the second stage of the economic and monetary union (ERM II).
Amendment 697 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98 – point a a (new)
Article 1 – paragraph 1 – point 98 – point a a (new)
Regulation (EU) No 575/2013
Article 399 – paragraph 1 a (new)
Article 399 – paragraph 1 a (new)
(aa) The following paragraph 1a is inserted: "1a. By way of derogation from paragraph 1, institutions that used a credit risk mitigation technique to calculate capital requirements for credit risk in accordance with Part Three, Title II may not use this technique for the purpose of article 395(1) to exposures in the form of a collateral or a guarantee provided by an official export credit agency or by an eligible protection provider referred to in Article 201 qualifying for the credit quality step 2 or above, for officially supported export credits and residential loans."
Amendment 698 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 99 – point a – point ii a (new)
Article 1 – paragraph 1 – point 99 – point a – point ii a (new)
Regulation (EU) No 575/2013
Article 400 – paragraph 1 – point k a (new)
Article 400 – paragraph 1 – point k a (new)
(ka) exposures, including participations or other kinds of holdings, incurred by an institution to its parent undertaking, to other subsidiaries of that parent undertaking or to its own subsidiaries, in so far as those undertakings are covered by the supervision on a consolidated basis to which the institution itself is subject, in accordance with this Regulation, Directive 2002/87/EC or with equivalent standards in force in a third country; exposures that do not meet these criteria, whether or not exempted from Article 395(1), shall be treated as exposures to a third party.
Amendment 706 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 101
Article 1 – paragraph 1 – point 101
Regulation (EU) No 575/2013
Article 403 – subparagraph 1
Article 403 – subparagraph 1
Where an exposure to a client is guaranteed by a third party or secured by collateral issued by a third party, with the exception of exposures referred to in article 399(1a), an institution shall:.
Amendment 718 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 103
Article 1 – paragraph 1 – point 103
Regulation No 575/2013/EU
Article 411 – point 15 a (new)
Article 411 – point 15 a (new)
(15a) "Factoring" means a contractual agreement between a business (assignor) and a financial entity (factor) in which the assignor assigns or sells its receivables to the factor in exchange of providing the assignor with one or more of the following services with regard to the receivables assigned: – advance of a percentage of the amount of receivables assigned generally short term, uncommitted and without automatic roll-over, – receivables management, collection and credit protection generally the factor administering the assignor’ sales ledger and collecting the receivables in its own name.
Amendment 719 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 103
Article 1 – paragraph 1 – point 103
Regulation No 575/2013/EU
Article 411 – subparagraph 1 a (new)
Article 411 – subparagraph 1 a (new)
For the purposes of this Part, factoring shall be treated as trade finance.
Amendment 737 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 d – paragraph 4
Article 428 d – paragraph 4
4. All derivative contracts referred to in points (a) to (e) of paragraph 2 of Annex II that involve a full exchange of principal amounts on the same date shall be calculated on a net basis across currencies, including for the purpose of reporting in a currency that is subject to a separate reporting in accordance with Article 415(2), even where those transactions are not included in the same netting set that fulfils the requirements set out in Articles 295, 296 and 297.
Amendment 746 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – introductory part
Article 428 h – paragraph 1 – introductory part
1. By way of derogation from Article 428g and from Chapters 3 and 4 of this Title, competent authorities may on a case- by-case basisshall authorise institutions to apply a higher available stable funding factor or a lower required stable funding factor to assets, liabilities and both granted or received committed credit or liquidity facilities where all of the following conditions are fulfilled:
Amendment 752 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114 (new)
Article 1 – paragraph 1 – point 114 (new)
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – point a – point v a (new)
Article 428 h – paragraph 1 – point a – point v a (new)
(va) the counterparty is located within the same Member State or in a different Member State.
Amendment 756 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 1 – point b
Article 428 h – paragraph 1 – point b
Amendment 757 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Amendment 760 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 h – paragraph 2
Article 428 h – paragraph 2
Amendment 772 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
A 50% RSF factor applies to securities that are held on balance sheet to hedge an exposure to a client facing equity derivative which are in turn re-used or re- pledged, and the period of encumbrance is for between six months and one year. If a higher required stable funding factor would apply then this should override this treatment. A 100% required stable funding factor applies to equity securities held to hedge an institution’s exposure to an equity derivative where the security is held on balance sheet and is encumbered for a period of greater than one year.
Amendment 783 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 r – paragraph 1 – point f a (new)
Article 428 r – paragraph 1 – point f a (new)
(fa) assets that have a residual maturity of less than six months resulting from secured lending transactions and capital market-driven transactions as defined in Article 192(2) and (3), with credit institutions and other regulated financial institutions as defined in Delegated Regulation (EU) 2015/61, where those assets are collateralised by assets that qualify as Level 1 assets under Title II of Delegated Regulation (EU)2015/61, excluding high quality covered bonds referred to in point (f) of Article 10(1) of that Delegated Regulation, and where the institution would be legally entitled and operationally able to reuse those assets for the life of the transaction, regardless of whether the collateral has already been reused. Institutions shall take those assets into account on a net basis where Article 428e(1) of this Regulation applies;
Amendment 793 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point b
Article 428 s – point b
Amendment 799 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point d
Article 428 s – point d
(d) trade finance and short term trade receivables financing techniques off- balance sheet related products as referred to in Article 111(1) of this Regulation with a residual maturity of less than six months429, and Annex I of Regulation (EU) n°575/2013.
Amendment 803 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point d a (new)
Article 428 s – point d a (new)
(da) equity securities held to hedge an institution’s exposure to a client facing equity derivative which has been funded by initial margin. The initial margin should at a minimum cover the value of the equity securities held and the securities should be the same as the underlying exposure of the equity derivative transaction.
Amendment 806 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point d b (new)
Article 428 s – point d b (new)
Amendment 815 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 u – paragraph 1 – point d
Article 428 u – paragraph 1 – point d
Amendment 821 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 w – point b
Article 428 w – point b
Amendment 823 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114 (new)
Article 1 – paragraph 1 – point 114 (new)
Regulation (EU) No 575/2013
Article 428 w – point b a (new)
Article 428 w – point b a (new)
(ba) equity securities, or relevant portions of equity securities, held to hedge an institution’s exposure to a client facing equity derivative which would qualify as Level 2B liquid assets in accordance with Article 12 of Delegated Regulation (EU) 2015/61 and which are the same as the underlying exposure of the equity derivative transaction but:- the institution has not received initial margin; or,- the value of the equity securities exceeds the value of initial margin received.
Amendment 828 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 x – paragraph 2
Article 428 x – paragraph 2
Amendment 840 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a c – point a
Article 428 a c – point a
(a) unencumbered assets eligible as Level 2B assets in accordance with Article 12 of Delegated Regulation (EU) 2015/61, excluding Level 2B securitisations and high quality covered bonds referred to in points (a) and (e) of Article 12(1) of that Delegated Regulation, and equity securities described in Article 428rs(d) or Article 428w(c) regardless of their compliance with the operational requirements and with the requirements on the composition of the liquidity buffer as set out in Articles 8 and 17 of that Delegated Regulation;
Amendment 845 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a c – point g a (new)
Article 428 a c – point g a (new)
(ga) equity securities, or relevant portions of equity securities, held to hedge an institution’s exposure to a client facing equity derivative which would not qualify as Level 2B liquid assets in accordance with Article 12 of Delegated Regulation (EU) 2015/61 and which are the same as the underlying exposure of the equity derivative transaction but: – the institution has not received initial margin; or, – the value of the equity securities exceeds the value of initial margin received.
Amendment 851 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 a f – point f
Article 428 a f – point f
(f) unencumbered exchange-traded equities that are not eligible as Level 2B assets in accordance with Article 12 of Delegated Regulation (EU) 2015/61, excluding equity securities described in Article 428s(d) or Article428ac(h);
Amendment 913 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 c – paragraph 3 – introductory part
Article 429 c – paragraph 3 – introductory part
3. For the purposes of paragraph 1 of this Article, institutions calculating the replacement cost of derivative contracts in accordance with Article 275 may recognise only collateral received in cashthat qualifies as Level 1 high quality liquid assets in accordance with Article 10 of Delegated Regulation (EU) 2015/61, excluding extremely high quality covered bonds referred to in point (f) of Article 10(1) of that Delegated Regulation, regardless of their compliance with the operational requirements as set out in Article 8 of that Delegated Regulation from their counterparties as the variation margin referred to in Article 275, where the applicable accounting framework has not already recognised the variation margin as a reduction of the exposure value and where all of the following conditions are met:
Amendment 916 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 c – paragraph 3 – point a
Article 429 c – paragraph 3 – point a
(a) for trades not cleared through a QCCP, the cash receivedLevel 1 high quality liquid asset received as collateral by the recipient counterparty is not segregated;
Amendment 922 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 c – paragraph 3 – subparagraph 2
Article 429 c – paragraph 3 – subparagraph 2
For the purposes of the first subparagraph, where an institution provides cash collateral as referred to under paragraph 3 to a counterparty and that collateral meets the conditions laid down in points (a) to (e) of that subparagraph, the institution shall consider that collateral as the variation margin posted to the counterparty and shall include it in the calculation of replacement cost.
Amendment 928 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 c – paragraph 4
Article 429 c – paragraph 4
4. For the purposes of paragraph 1 of this Article, institutions shall not include collateral received in the calculation of NICA as defined in point 12a of Article 272, except in the case of derivatives contracts with counterparties referred to under point (10) of Article 2 of Regulation (EU) No 648/2012 or with clients where those contracts are cleared by a QCCP.
Amendment 931 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 c – paragraph 5
Article 429 c – paragraph 5
5. For the purposes of paragraph 1 of this Article, institutions shall set the value of the multiplier used in the calculation of the potential future exposure in accordance with Article 278(1) to one, except in the case of derivatives contracts with counterparties referred to under point (10) of Article 2 of Regulation (EU) No 648/2012 or with clients where those contracts are cleared by a QCCP.
Amendment 1006 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 121
Article 1 – paragraph 1 – point 121
Regulation (EU) No 575/2013
Article 494 – paragraph 2 a (new)
Article 494 – paragraph 2 a (new)
2a. For the purposes of paragraph 3 of Article 72b, until the resolution authority assesses for the first time the elements referred to in points (b) and (c) of Article 45b(3) of Directive 2014/59/EU [NWCO test] and confirms there is no material adverse impact on the resolvability of the institution, liabilities shall qualify as eligible liabilities instruments up to an aggregate amount that does not exceed, until 31 December 2021, 2.5% and, after that date, 3.5% of the total risk exposure amount calculated in accordance with paragraphs 3 and 4 of Article 92, provided that they meet the conditions laid down in points (a) and (b) of Article 72b(3).
Amendment 1010 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 123
Article 1 – paragraph 1 – point 123
(ii) fivetwo years after the date of submission of the application.
Amendment 1035 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 1 – point j
Article 501 a – paragraph 1 – point j
(j) the obligor has adequate safeguards to ensure completion of the project according to the agreed specification, budget or completion date; including strong completion guarantees or experienced constructor providing adequate liquidated damages as confirmed by the technical advisor (to be provided by credit worthy counterparts or covered by acceptable LC);
Amendment 1039 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 a – paragraph 2 – point a – point iv – indent 3 a (new)
Article 501 a – paragraph 2 – point a – point iv – indent 3 a (new)
– it is partly regulated or contractually fixed and, in addition, the project is resilient to downside sensitivities regarding price or volume risk, or a combination of both;
Amendment 1068 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 d a (new) after title II “reports and reviews” before Article 502
Article 501 d a (new) after title II “reports and reviews” before Article 502
(127) In title II, reports and reviews, a new Article 501d a is inserted before Article 502: "Article 501da By [one year after the publication of this regulation in the Official Journal of the EU], and after consulting the EBA, the SSM, the SRB, the ESRB and the relevant national competent authorities, the Commission shall present an amendment to this regulation on robust governance arrangements, which shall include a clear organisational structure with well- defined, transparent and consistent lines of responsibility, effective processes to identify, manage, monitor and report the risks they are or might be exposed to, adequate internal control mechanisms, including sound administration and accounting procedures, and remuneration policies and practices that are consistent with and promote sound and effective risk management. The arrangements, processes and mechanisms referred to above shall be comprehensive and proportionate to the nature, scale and complexity of the risks inherent in the business model and the institution's activities. The technical criteria established in Articles 76 to 95 of Directive 2013/36/EU of the European Parliament and of the Council of Ministers of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC shall be taken into account."
Amendment 135 #
2016/0337(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) One of the main shortcomings of the current international tax rules is that the taxing right of a jurisdiction only arises when the business has a physical presence in that jurisdiction. It is necessary to redefine the concept of a permanent establishment situated in the Union and belonging to a taxpayer who is resident for tax purposes within the Union to also include a digital presence, without hampering the potential of the digital sector. The aim would be to ensure that all concerned taxpayers share a common understanding and to exclude the possibility of a mismatch due to divergent definitions. On the contrary, it should not be seen as essential to have a common definition of permanent establishments situated in a third country, or in the Union but belonging to a taxpayer who is resident for tax purposes in a third country. This dimension should better be left to bilateral tax treaties and national law due to its complicated interaction with international agreements.
Amendment 180 #
2016/0337(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Since consolidation is only part of the second phase of the new approach to CCCTB, there will be a need for effective dispute resolution mechanisms. Furthermore, taking into account the fact that not all companies will be within the mandatory scope of the upcoming CCCTB, it can be expected that even after the implementation of this directive, a number of double taxation disputes will continue to arise, for which the mechanisms laid down by the Council Directive on Double Taxation Dispute Resolution Mechanisms in the EU shall apply.
Amendment 213 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. A company that meets the conditions of points (a) and (b) of paragraph 1, but does not meet the conditions of points (c) or (d) of that paragraph, may opt, including for its permanent establishments situated in other Member States, to apply the rules of this Directive for a period of five tax years. That period shall automatically be extended for successive terms of five tax years, unless there is a notice of termination as referred to in Article 65(3). The conditions under points (a) and (b) of paragraph 1 shall be met each time the extension takes place. The commission should develop a tool that mitigates the administrative burden and costs for SMEs that voluntary opt-in the new system.
Amendment 226 #
2016/0337(CNS)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 – point 30 a (new)
Article 4 – paragraph 1 – subparagraph 1 – point 30 a (new)
(30a) ‘Secrecy or low tax jurisdictions’ shall mean any jurisdiction which, from 31 December 2016, meets any of the following criteria: (a) appears on the Council of the European Union’s list of non-cooperative jurisdictions; (b) maintains no register of the ultimate beneficial owners of corporations, trusts and equivalent legal structures at least compliant with the minimum standard defined in Directive (EU) 2015/849 of the European Parliament and of the Council; (c) levies a statutory corporate tax rate of less than 60% of the weighted average corporate tax in the Union;
Amendment 392 #
2016/0337(CNS)
Proposal for a directive
Article 66 a (new)
Article 66 a (new)
Article 66a Mandatory exchange of information on tax matters In order for tax authorities to assess tax due properly and to ensure the proper implementation of this Directive, the exchange of information on tax matters shall be automatic and mandatory, as laid down by Council directive 2011/16/EU. Member States shall allocate adequate staff, expertise and budget resources to their national tax administrations as well as resources for the training of tax administration staff focusing on cross- border tax cooperation and on the automatic exchange of information in order to ensure full implementation of this Directive.
Amendment 11 #
2008/2303(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls, in addition to the annual report on the activities of the ACP-EU JPA, for the development of joint discussions between the secretariats of the ACP countries and of the European Parliament on the way the JPA works, with particular regard to voting by separate Houses, equality of treatment of parliamentarians, and joint fact-finding and observation missions;
Amendment 112 #
2008/2031(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Urges that sanctions be systematically accompanied, in the context of a multifold strategy, by enhanced positive measures to support civil society, human rights defenders and all kinds of projects promoting human rights and democracy; calls for the thematic programmes and instruments (EIDHR, non-state actors, investing in people), including humanitarian aid, to contribute fully to achieving this objective;