BETA

Activities of John PURVIS

Plenary speeches (180)

Question Time (Commission)
2016/11/22
Taxation
2016/11/22
Vote
2016/11/22
Vote
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Integrating and strengthening the European research area (2002-2006)
2016/11/22
Innovation and industrial policies
2016/11/22
Question Time (Commission)
2016/11/22
Vote (continuation)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Single hull oil tankers
2016/11/22
Detergents
2016/11/22
Human tissues and cells
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22
Activities and supervision of institutions for occupational retirement provision
2016/11/22
Promotion of the use of biofuels for transport
2016/11/22
EBRD activities
2016/11/22
Competition policy / State aids (2001)
2016/11/22
Vote
2016/11/22
Life sciences and biotechnology
2016/11/22
Adventitious presence of GMOs in seeds
2016/11/22
A new Community health and safety at work strategy 2002-2006
2016/11/22
Transboundary movement of GMOs
2016/11/22
Question Time (Council)
2016/11/22
Food and feed safety
2016/11/22
Corporate social responsibility
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Specific RDTD and training programmes
2016/11/22
Vote
2016/11/22
European Research Area (2002-2006)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Barcelona European Council
2016/11/22
Rail freight in the Channel Tunnel
2016/11/22
Question Time (Council)
2016/11/22
Economic and social cohesion
2016/11/22
Question Time (Commission)
2016/11/22
Human genetics
2016/11/22
Quality of petrol and diesel fuels
2016/11/22
European Research Area (Multiannual Framework Programme 2002-2006)
2016/11/22
Security of energy supply
2016/11/22
Order of business
2016/11/22
Undertakings for collective investment in transferable securities (UCITS)
2016/11/22
Patenting of human genes
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Human rights
2016/11/22
European Union's oil supply
2016/11/22
European Union's oil supply
2016/11/22
Specific technological R [amp] D programme
2016/11/22
Gas directive
2016/11/22
Question Time (Commission)
2016/11/22
Biotechnology industry
2016/11/22
Research guidelines 2002 – 2006
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Prosperity and intergenerational solidarity
2016/11/22
VOTE
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Council)
2016/11/22
UK decision to impose a levy on non-British hauliers
2016/11/22
Rights of language teachers
2016/11/22
Loans for projects in Croatia
2016/11/22
Discrimination and equal treatment in the workplace
2016/11/22
Question Time (Commission)
2016/11/22
European Year of Lifelong Learning (1996)
2016/11/22
Human cloning (continuation)
2016/11/22
Question Time (Commission)
2016/11/22
MEDA
2016/11/22
Short sea shipping
2016/11/22
Proposal for a regulation on a Community patent
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Non-NAFO vessels
2016/11/22
Vote
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Council)
2016/11/22
Additionality
2016/11/22
Atmospheric pollutants
2016/11/22
European postal services
2016/11/22
Coherence of EU policies with development
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Commission)
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22
Written submissions concerning the Louise Weiss building
2016/11/22
Programme of the Finnish Presidency
2016/11/22
Credit requirements directives: Directives 2006/48/EC and 2006/49/EC - Community programme for financial services, financial reporting and auditing
2016/11/22
Dossiers: 2008/0191(COD)
Cross-border payments in the Community - The business of electronic money institutions (debate)
2016/11/22
Dossiers: 2008/0194(COD)
Cross-border payments in the Community - The business of electronic money institutions (debate)
2016/11/22
Dossiers: 2008/0194(COD)
Explanations of vote
2016/11/22
Dossiers: 2008/0157(COD)
Credit Rating Agencies - Reporting and documentation requirements in the case of merger and divisions - Insurance and reinsurance (Solvency II) (recast) (debate)
2016/11/22
Dossiers: 2007/0143(COD)
Explanations of vote
2016/11/22
Dossiers: 2008/2212(INI)
Reduced rates of value added tax (debate)
2016/11/22
Dossiers: 2008/0143(CNS)
Explanations of vote
2016/11/22
Dossiers: 2007/0287(COD)
Gas supplies by Russia to Ukraine and the EU (debate)
2016/11/22
Undertakings for collective investment in transferable securities (UCITS) (recast) (debate)
2016/11/22
Dossiers: 2008/0153(COD)
Future global architecture of financial markets and EU economic recovery plan (debate)
2016/11/22
EU response to the world financial crisis: follow-up of the informal European Council from 7 November and of the G20 Summit from 15 November 2008 - Commission's legislative and work programme for 2009 (debate)
2016/11/22
Preparation of the European Council, including the situation of the global financial system (continuation of debate)
2016/11/22
Lamfalussy follow up - Future Structure of Supervision (debate)
2016/11/22
Dossiers: 2008/2148(INL)
Situation of the world financial system and its consequences on the European markets (debate)
2016/11/22
'IASCF: Review of the constitution - Public Accountability and the Composition of the IASB Proposals for Change' (debate)
2016/11/22
Hedge funds and private equity - Transparency of institutional investors (debate)
2016/11/22
Dossiers: 2007/2239(INL)
Explanations of vote
2016/11/22
Dossiers: 2008/0041(COD)
Cloning of animals for food supply (debate)
2016/11/22
Amendment of Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (debate)
2016/11/22
Dossiers: 2006/0304(COD)
Sovereign Wealth Funds (debate)
2016/11/22
Trade and Economic Relations with the countries of South East Asia (ASEAN) (debate)
2016/11/22
Dossiers: 2007/2265(INI)
Green Paper on market-based instruments for environment and related policy purposes (debate)
2016/11/22
Dossiers: 2007/2203(INI)
International Financial Reporting Standards and the governance of the International Accounting Standards Board (debate)
2016/11/22
Dossiers: 2006/2248(INI)
Lebanon (debate)
2016/11/22
Situation in Tibet (debate)
2016/11/22
Accreditation and market surveillance relating to the marketing of products - Common framework for the marketing of products - Application of certain national technical rules to products lawfully marketed in another Member State - Safety marking on consumer products (debate)
2016/11/22
Dossiers: 2007/0028(COD)
Amendment of Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (debate)
2016/11/22
Dossiers: 2006/0304(COD)
Airport capacity and ground handling (debate)
2016/11/22
Dossiers: 2007/2092(INI)
Financial instability and the impact on the real economy (debate)
2016/11/22
The Single Market Review (debate)
2016/11/22
Dossiers: 2007/2024(INI)
Commission Question Time
2016/11/22
Commission Question Time
2016/11/22
Crisis at Equitable Life – Report by the temporary committee of inquiry (debate)
2016/11/22
Dossiers: 2006/2199(INI)
Commission Question Time
2016/11/22
Payment services in the internal market (debate)
2016/11/22
Dossiers: 2005/0245(COD)
Advanced therapy medicinal products (debate)
2016/11/22
Dossiers: 2005/0227(COD)
Prudential assessment of acquisitions and increase of shareholdings (debate)
2016/11/22
Dossiers: 2006/0166(COD)
EU restrictions on liquids that passengers can carry on aircrafts (debate)
2016/11/22
Hague Convention on securities (debate)
2016/11/22
Iran
2016/11/22
Dossiers: 2006/2664(RSP)
Mortgage credit (debate)
2016/11/22
Dossiers: 2006/2102(INI)
Community action in the field of marine environmental policy – Thematic strategy on the marine environment (debate)
2016/11/22
Dossiers: 2006/2174(INI)
Implementing measures (level 2) of the "Transparency" and "Prospectus" directives (debate)
2016/11/22
Dossiers: 2004/0218(COD)
Council Question Time
2016/11/22
Council Question Time
2016/11/22
Commission Question Time
2016/11/22
Consolidation in financial services Mergers and acquisitions (M[amp]A) developments around Europe's stock exchanges (debate)
2016/11/22
Dossiers: 2006/2081(INI)
Consolidation in financial services Mergers and acquisitions (M[amp]A) developments around Europe's stock exchanges (debate)
2016/11/22
Dossiers: 2006/2081(INI)
Seventh framework programme – Nuclear research and training activities (2007-2011) (debate)
2016/11/22
Dossiers: 2005/0043(COD)
Commission Question Time
2016/11/22
Commission Question Time
2016/11/22
Statistics on foreign affiliates (debate)
2016/11/22
Dossiers: 2005/0016(COD)
Strategic review of the IMF (debate)
2016/11/22
Dossiers: 2005/2121(INI)
Services (continuation of the debate)
2016/11/22
Dossiers: 2004/0001(COD)
Rules on nominal quantities for pre-packed products
2016/11/22
Dossiers: 2004/0248(COD)
Corporate tax
2016/11/22
Council Question Time
2016/11/22
Digital switchover
2016/11/22
Council Question Time
2016/11/22
Council Question Time
2016/11/22
1. Taking up and pursuit of the business of credit institutions, 2. Capital adequacy of investment firms and credit institutions
2016/11/22
Question Time (Commission)
2016/11/22
Products subject to excise duty
2016/11/22
Quality of bathing water
2016/11/22
Financial markets
2016/11/22
Financial markets
2016/11/22
Financial markets
2016/11/22
Voting time
2016/11/22
Voting time
2016/11/22
Question Time (Commission)
2016/11/22
State aid in the form of public service compensation
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Commission)
2016/11/22

Reports (5)

Report on the future of Hedge Funds and Derivatives - Committee on Economic and Monetary Affairs PDF (173 KB) DOC (74 KB)
2016/11/22
Committee: ECON
Dossiers: 2003/2082(INI)
Documents: PDF(173 KB) DOC(74 KB)
Report on the proposal for a Council directive amending Directives 92/79/EEC and 92/80/EEC, authorising France to prolong the application of lower rates of excise duty to tobacco products released for consumption in Corsica - Committee on Economic and Monetary Affairs PDF (154 KB) DOC (60 KB)
2016/11/22
Committee: ECON
Dossiers: 2003/0075(CNS)
Documents: PDF(154 KB) DOC(60 KB)
PDF (94 KB) DOC (165 KB)
2016/11/22
Committee: ITRE
Dossiers: 2000/2100(INI)
Documents: PDF(94 KB) DOC(165 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on the taking up, pursuit and prudential supervision of the business of electronic money institutions, amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC PDF (275 KB) DOC (343 KB)
2016/11/22
Committee: ECON
Dossiers: 2008/0190(COD)
Documents: PDF(275 KB) DOC(343 KB)
REPORT on Mortgage Credit in the EU PDF (221 KB) DOC (167 KB)
2016/11/22
Committee: ECON
Dossiers: 2006/2102(INI)
Documents: PDF(221 KB) DOC(167 KB)

Opinions (6)

OPINION Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Global Europe: Competing in the world: A Contribution to the EU's Growth and Jobs Strategy
2016/11/22
Committee: ITRE
Documents: PDF(101 KB) DOC(77 KB)
OPINION Green paper on market-based instruments for environment and related policy purposes
2016/11/22
Committee: ECON
Documents: PDF(103 KB) DOC(80 KB)
OPINION Proposal for a Regulation of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products
2016/11/22
Committee: ITRE
Documents: PDF(241 KB) DOC(348 KB)
OPINION Proposal for a Decision of the European Parliament and of the Council on a common framework for the marketing of products
2016/11/22
Committee: ITRE
Documents: PDF(277 KB) DOC(397 KB)
OPINION Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: An action plan for airport capacity, efficiency and safety in Europe
2016/11/22
Committee: ECON
Documents: PDF(104 KB) DOC(67 KB)
OPINION Proposal for a Directive of the European Parliament and of the Council on services in the internal market
2016/11/22
Committee: ITRE
Documents: PDF(155 KB) DOC(94 KB)

Amendments (275)

Amendment 23 #

2008/2334(INI)

Motion for a resolution
Recital A
A. whereas the unprecedented dimension of the current financial crisis and the depth of the ensuing downturn requires an urgent need to rethink considered overhaul, at European Union and at an international level, of the regulatory and governance framework of financial markets,
2009/01/29
Committee: ECON
Amendment 29 #

2008/2334(INI)

Motion for a resolution
Recital C
C. whereas the consequences of the financial crisis on the real economy result in exceptional economic circumstances that require exceptional measures and decisions and whereas public intervention, although inevitable, drives a wedge between the gains of the approprivate sector in the recent past and the losses of theroles of the private and public sectors in the present and near futuremore normal times,
2009/01/29
Committee: ECON
Amendment 34 #

2008/2334(INI)

Motion for a resolution
Recital D
D. whereas the short-term actions initiated by individual Member States require comprehensive EU coordination to guarantee a joint-multiplier effect on the one hand and to avoid spill-over effects and, distorted markets and wasteful duplication of efforts on the other,
2009/01/29
Committee: ECON
Amendment 38 #

2008/2334(INI)

Motion for a resolution
Recital E
E. whereas Member States’ different capacities to engage in recovery programmes should be recognised; whereas a sizeable complementary European Union approach with strong focus on multi-a mutually supportive mix of policy mix measures in the fields of economic, environment, employment and social policies should be developed,
2009/01/29
Committee: ECON
Amendment 41 #

2008/2334(INI)

Motion for a resolution
Recital F
F. whereas joiningmembership of the euro area has proved to enhance economic stability in the relevant Member States; whereas, however,, but also at substantial personal, business, social and financial cost, so that citizens expect, particularly inin such a time of economic recession, a strong enforcement of the Treatyresponse by the European Union's provisions on social and regional cohesion,
2009/01/29
Committee: ECON
Amendment 47 #

2008/2334(INI)

Motion for a resolution
Paragraph 1
1. welcomes the Commission's prompt initiative to launch a European economic recovery plan (Recovery Plan) as a reaction to the serious ongoing downturn; regrets, however, that the Community dimension of that proposal amounts to only 15 % of the budget for the recovery programme;
2009/01/29
Committee: ECON
Amendment 55 #

2008/2334(INI)

Motion for a resolution
Paragraph 2
2. stresses that the top priority of the Recovery Plan must be to protect citizens of the Union from the effects of the financial crisis, as they are the most strongly affected whether as workers, as members of households, or as entrepreneurs, and to assist them through any necessary transition to new and rewarding areas of employment and endeavour;
2009/01/29
Committee: ECON
Amendment 60 #

2008/2334(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. insists that all financial aid be timely, targeted and temporary, so that it ceases once the worst of the crisis has been overcome; warns of possible crowding-out effects; urges for a return to sound state finance as soon as possible in order to avoid putting too much burden on future generations, to avoid, to the greatest extent possible, and to restrict to the shortest time possible, distortions to the EU markets;
2009/01/29
Committee: ECON
Amendment 64 #

2008/2334(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. calls on the Commission to develop a plan with defined timings for the disbandment of temporary departures from EU competition policy so as to restore, as soon as practicable, the fair competitive market defined in the Treaties;
2009/01/29
Committee: ECON
Amendment 68 #

2008/2334(INI)

Motion for a resolution
Paragraph 3
3. strongly regrets the absence of clear growth and job benchmarks and targets from the Recovery Plan;while accepting the need to adjust to a globally competitive environment, calls for the European Union to agree on sustainable job creation, the safeguarding of employment where economically possible, and the prevention of mass unemployment as its mostvery important common goals, which should help determine the size and components of the Recovery Plan;
2009/01/29
Committee: ECON
Amendment 71 #

2008/2334(INI)

Motion for a resolution
Paragraph 4
4. recommends, as an essential requirement for effectiveness, that the coordination of national recovery plans allows for each programme to be tailored to each country's specific needs, but taking into account the common interest and the assurance of the strongest possible multiplier effect, nameespecially on employment;
2009/01/29
Committee: ECON
Amendment 74 #

2008/2334(INI)

Motion for a resolution
Paragraph 5
5. strongly calls focalls for assessing whether new horizontal initiatives at European Union level, given that different national capacities and margins of budgetary manoeuvre may generate very asymmetric outcomes across Europe might be necessary;
2009/01/29
Committee: ECON
Amendment 79 #

2008/2334(INI)

Motion for a resolution
Paragraph 7
7. calls onsupports the Commission to give clear guidance on the interpretation of the flexibility clause of the revised Stability and Growth Pact, namely when addressing short-term investment decisions which are compatible with medium-term budgetary targets and conducive to sustainable growth and long- term Lisbon goal´s commitment to the revised Stability and Growth Pact and notes its willingness to use all the flexibility which is provided for by the pact in order to allow Member States to respond adequately to the economic crisis;
2009/01/29
Committee: ECON
Amendment 88 #

2008/2334(INI)

Motion for a resolution
Paragraph 8
8. welcomes the short-term measures adopted to return confidence to the financial system; recalls that those emergency measures are insufficient to tackle one of the fundamental problems at the source of the crisis, namely excessivtreme risk- taking, leveraging and rewarding short- termism;
2009/01/29
Committee: ECON
Amendment 93 #

2008/2334(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. warns of possible ill-considered, over- hasty and excessive regulation of the financial sector which could render economic recovery and innovation in the field of financial products impossible and reduce the attractiveness of EU financial markets, diverting financial flows and enterprises towards third markets;
2009/01/29
Committee: ECON
Amendment 98 #

2008/2334(INI)

Motion for a resolution
Paragraph 9
9. restates that safeguarding the savings of, and credit provision for, individuals and undertakings, including SMEs, areis the overriding justifications for the current exceptional public intervention in the financial system; reminds Member State governments of their responsibility infor the use of public money forin rescue plans and strongly recommends that a set of adequate incentives anddequate surveillance and, as necessary, sanctions be introduced to ensure the achievement of such goals;
2009/01/29
Committee: ECON
Amendment 102 #

2008/2334(INI)

Motion for a resolution
Paragraph 10
10. recalls the necessity for regulators and appropriate Member States' authorities to scrutinise in depth the bankings and bankers' activities over the last months in depth, so as to determine whether reprehensible and even criminal behaviour might have contributed to the banking meltdown;
2009/01/29
Committee: ECON
Amendment 105 #

2008/2334(INI)

Motion for a resolution
Paragraph 11
11. insistsaccepts that, only after due consideration onf the need forprobable consequences, conditionality tomay be attached to the banking sector rescue plans where and if needed in terms of dividend distribution, remuneration policy, provision of credit, lending conditions and protection of social policy terms;
2009/01/29
Committee: ECON
Amendment 109 #

2008/2334(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. insists that prime consideration must be given to recovering to normal levels of credit extension by banks when considering any new regulatory environment particularly in the interests of reviving the securitisation process as essential to the recovery of finance for mortgages, car finance and credit card funding;
2009/01/29
Committee: ECON
Amendment 125 #

2008/2334(INI)

Motion for a resolution
Paragraph 17
17. strongly urges the de Larosière Group to take on board the recommendations put forward in Parliament's previous resolutions, relating to financial market supervision; urges the Commission to endorse its contributions to create a stable and efficient structure of regulation and supervision, which may prevent or limit the adverse impacts of future crises;deleted
2009/01/29
Committee: ECON
Amendment 131 #

2008/2334(INI)

Motion for a resolution
Paragraph 18
18. reaffirms that more transparency and better risk-management provide most of the solutions to further crisis-prevention and that the regulatory reform must be all- encompassing, applying to all actors and transactions in the financial markets; underlines that regulatory initiatives must cover executive remuneration, transparency, leverage, capital requirements and securitisation; reminds the Commission of its obligation to respond to Parliament's requests on the regulation of hedge funds and private equity;
2009/01/29
Committee: ECON
Amendment 137 #

2008/2334(INI)

Motion for a resolution
Paragraph 19
19. strongly recommends that sufficient, affordable and reasonably secure access to credit is urgently guaranteed across the European Union to SMEs, citizens and to those sectors in which a sustainable future is endangered due to the crisislack of credit; calls on the Commission to ensure exchanges of best practices in this respect;
2009/01/29
Committee: ECON
Amendment 145 #

2008/2334(INI)

Motion for a resolution
Paragraph 20
20. calls for a true European Pact for Employment; supports the Commission's initiative to put forward European Social Fund spending, to promote the development and matching of skills;
2009/01/29
Committee: ECON
Amendment 152 #

2008/2334(INI)

Motion for a resolution
Paragraph 22
22. calls on the Commission urgently to assess the recession risks affecting industrial sectors across Europe in order pro-actively to intervene at European Union level, if needed;
2009/01/29
Committee: ECON
Amendment 163 #

2008/2334(INI)

Motion for a resolution
Paragraph 24
24. regrets the absence of territorial cohesion goals from the proposed stimulus arrangements, in spite of the clear asymmetric impact of the crisis across the European territory;deleted
2009/01/29
Committee: ECON
Amendment 170 #

2008/2334(INI)

Motion for a resolution
Paragraph 28
28. calls on the development offor refining the recovery instruments and policies both at European Union and at Member State level, capable of boosting demand and confidence across the European Union, in accordance with a common set of priorities within the Lisbon strategy, such as: investing in education, skills and lifelong learning, energy efficiency and green technologies, broadband networks, urban transport, creative industries and services, health services, and services for children and older people;
2009/01/29
Committee: ECON
Amendment 184 #

2008/2334(INI)

Motion for a resolution
Paragraph 32
32. calls for adequate detailed criteria and standards to be developed for close monitoring and permanent reassessment of the effectiveness of the recovery plans, bearing in mind that the full extent of the crisis and the requisite remedies cannot yet be totally assessed;
2009/01/29
Committee: ECON
Amendment 187 #

2008/2334(INI)

Motion for a resolution
Paragraph 33
33. considers that the present disinflationary recessive environment still renders a broadstrict interpretation of the ECB mandate crucial; underlines that the ECB has a responsibility to ensure supportive monetary policy for recoverymonetary and fiscal discipline in the euro area;
2009/01/29
Committee: ECON
Amendment 190 #

2008/2334(INI)

Motion for a resolution
Paragraph 34 - introductory part
34. calls upon all relevant parties - Parliament, Council, the Commission and the social partners at European Union and national level - to work together on the basis of the following suggestions, to be agreed upon, during the Spring European Council in March 2009:
2009/01/29
Committee: ECON
Amendment 191 #

2008/2334(INI)

Motion for a resolution
Paragraph 34 - indent 1
- the development of mutual reinforcement of stability, and growth-oriented macro- economic policies by making stability policy and investment a matter of common and multi-tually supportive concern;
2009/01/29
Committee: ECON
Amendment 193 #

2008/2334(INI)

Motion for a resolution
Paragraph 34 - indent 2
- the establishment of a binding framework for Member States within which they consult each other and the Commission before taking major economic policy decisions, based on a common understanding of problems and, priorities while accepting some national specificitiesand the remedial measures which are necessary and appropriate;
2009/01/29
Committee: ECON
Amendment 195 #

2008/2334(INI)

Motion for a resolution
Paragraph 34 - indent 5
- the strengthening of the economic governance of the euro area in line with the recommendations set out in its resolution on the EMU@10;
2009/01/29
Committee: ECON
Amendment 206 #

2008/2334(INI)

Motion for a resolution
Paragraph 36
36. calls on Member States to consider Eurobonds as a low-cost financing instrument for major European political priorities; stresses that issuing common euro area bonds would reduce the spreads and attract domestic and foreign savings;deleted
2009/01/29
Committee: ECON
Amendment 208 #

2008/2334(INI)

Motion for a resolution
Paragraph 36
36. calls on Member States to consider the implications of Eurobonds as a low-cost financing instrument for major European political priorities; stresses that issuing common euro area bonds would reduce the spreads and attract domestic and foreign saving, economic and financial priorities;
2009/01/29
Committee: ECON
Amendment 210 #

2008/2334(INI)

Motion for a resolution
Paragraph 37
37. calls, once more, for the urgent strengthening of the European budget, reassessing its size and expenditure structure, particularly in light of the constraints imposed by an enlarging and deepening monetary union;deleted
2009/01/29
Committee: ECON
Amendment 212 #

2008/2334(INI)

Motion for a resolution
Paragraph 37
37. calls, once more, for the urgent strengtheningreappraisal of the European budget, by reassessing its size and expenditure structure, particularly in light of the constraints imposed by an enlarging and deepening monetary union;
2009/01/29
Committee: ECON
Amendment 213 #

2008/2334(INI)

Motion for a resolution
Paragraph 38
38. recommends a flexible approach to the European budget spending structure, reinforcing its internal social and cohesion dimensions; strongly supports the mobilisation of unspent EU funds to priorities identified under a cohesion framework;deleted
2009/01/29
Committee: ECON
Amendment 216 #

2008/2334(INI)

Motion for a resolution
Paragraph 39
39. strongly calls for the European Union per se to play a leading role in international fora, notably in the Financial Stability Forum (FSF) and International Monetary Fund (IMF), and at the coming meetings of the G20; considers it especially important to strengthen the multilateral surveillance of currency areas and financial market regulation, notably as concerns hedge funds and closing regulatory and tax havens; recalls that, in times of free global capital flows, convergence is at the heart of a true level playing field and of a comprehensive regulatory and supervisory framework;
2009/01/29
Committee: ECON
Amendment 219 #

2008/2334(INI)

Motion for a resolution
Paragraph 40
40. strongly recommends that the impacts of international transactions on the real economy across the European Union, particularly as regards trade, climate change and finance, be duly assessed; supports enhanced international dialogue with the most important currency blocks to avoid the consequences of currency manipulation and volatility on the real economy;
2009/01/29
Committee: ECON
Amendment 7 #

2008/2212(INI)

The Committee on Economic and Monetary Affairs calls on the Committee on Economic and Monetary AffairsIndustry, Research and Energy, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
2008/11/20
Committee: ECON
Amendment 9 #

2008/2212(INI)

Draft opinion
Paragraph 1
1. Takes the view that higher oil prices broadly reflect a structural imthe balance between supply and demand caused, in by the main, by two factors: progressivlevel of discovery and the depletion of the oil reserves and a, changes in demographic and urbanisation trends, especially in emerging countries, where the rise in average income is causing an increase in demand, and global economic cycles;
2008/11/20
Committee: ECON
Amendment 13 #

2008/2212(INI)

Draft opinion
Paragraph 2
2. Expresses its concerns about the volatility of oil and commodity prices and its impact on inflation, purchasing power and financial stability; stresses that soaring oil prices have been exacerbated by large trading activities on thateconomic and financial stability; while recognising the benefits of active market,s including hedge funds, which have increase oil and othe risk of speculative bubbles being formed;r energy products, urges the Commission and the Member States to ensure greaterthe highest practicable level of transparency on thein energy markets;
2008/11/20
Committee: ECON
Amendment 15 #

2008/2212(INI)

Draft opinion
Paragraph 3
3. Believes that oil and other commodities should be insulated from speculators and hedge funds; is of the view that speculation in oil and commodities creates a strong case for exploring the introduction of a special tax on financial transactions;deleted
2008/11/20
Committee: ECON
Amendment 22 #

2008/2212(INI)

Draft opinion
Paragraph 4
4. Expresses its concern that with structurally higher energy prices, there is more of a burden on labour to absorb increased costs through lower wages; considers that the inflation triggered by the increase in oil price should be addressed, in particular, by distributing purchasing power more evenly;deleted
2008/11/20
Committee: ECON
Amendment 26 #

2008/2212(INI)

Draft opinion
Paragraph 5
5. Underlines that green taxation or an effective cap on emissions trading system and the adoption of a wide range of other energy and transport-relatedsaving measures arshould be important tools for stimulating the development of a wide-ranging, cutting-edge market for energy- efficient technologies and products; also underlines the importance of the application of the ‘polluter-pays’ principle; recalls that the greater the number of countries that put similar policies in place, the more limited the impact on sectoral competitiveness of those policies, in particular where ecotaxes substitute taxes on activity;
2008/11/20
Committee: ECON
Amendment 28 #

2008/2212(INI)

Draft opinion
Paragraph 5 a (new)
5a. Urges a more dynamic relationship between the European Union and the oil producing countries involving a willingness to give as well as take on both sides and aiming towards a more stable and smoothed supply and pricing environment for oil, which would be in the interests of all parties concerned and the world economy at large;
2008/11/20
Committee: ECON
Amendment 29 #

2008/2212(INI)

Draft opinion
Paragraph 5 b (new)
5b. Expects the petroleum companies to reinvest their substantial recent profits in exploration and development of new oil reserves and in promoting energy saving technology and research into oil substitutes (notably for transport applications).
2008/11/20
Committee: ECON
Amendment 12 #

2008/2199(INI)

Draft opinion
Paragraph 4 a (new)
4a. Would encourage the US Congress to consider a more coherent supervisory structure in the banking and insurance sectors so as to provide an easier means of EU/US coordination;
2009/01/06
Committee: ECON
Amendment 19 #

2008/2199(INI)

Draft opinion
Paragraph 9
9. Calls for joint discussions on reforms at the IMF and World Bank in order to present joint proposals in the various forums where these reforms are being discussed, so as to provide an effective mechanism for global financial surveillance and solidarity in time of crisis.
2009/01/06
Committee: ECON
Amendment 22 #

2008/2199(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls on both the US and the EU authorities to avoid barriers to inward investment and legislation of extra- territorial impact without prior consultation and agreement.
2009/01/06
Committee: ECON
Amendment 2 #

2008/2148(INI)

Motion for a resolution
Recital A
A. whereas the condition set out in Rule 39(2), that no proposal should be in preparation, is duly fulfilled, except in the case of the Commission's published review of Directives 2006/48/EC and 2006/49/EC,
2008/07/14
Committee: ECON
Amendment 12 #

2008/2148(INI)

Motion for a resolution
Recital C
C. whereas the current financial crisis, which was triggered by US subprime mortgages, has spread worldwide due to the increasingly integrated and contagious nature of markets, indicating that existing financial market regulation and supervision could not cope with it and a significant reform is therefore welcome,
2008/07/14
Committee: ECON
Amendment 18 #

2008/2148(INI)

Motion for a resolution
Recital D
D. whereas the crisis has led to a credit crunch entailing a higher price of credit for all market players; whereas longshort-term economic growth and employment are threatened by the resulting fragile financial markets,
2008/07/14
Committee: ECON
Amendment 20 #

2008/2148(INI)

Motion for a resolution
Recital E
E. whereas poorly regulated capital market intermediation and the shadow banking system have emerged as new sources of systemic risk; whereas the exponential growth in derivatives has increased risk and facilitated new methods of speculation,deleted
2008/07/14
Committee: ECON
Amendment 22 #

2008/2148(INI)

Motion for a resolution
Recital F
F. whereas the possibility to transfer credit risk through "originate-to-distribute" model while providing a means origination and distribution model has weakened incentives to evaluate and monitor riskf additional competition among mortgage lenders and providing additional products and lower pricing to consumers, needs to be made more transparent,
2008/07/14
Committee: ECON
Amendment 26 #

2008/2148(INI)

Motion for a resolution
Recital G
G. whereas herding, inadequate risk management, irresponsible lending, excessive debt (leverage), andexcessive investment in illiquid and complex financial instruments pose significantcould pose risks to financial stabilityinstitutions,
2008/07/14
Committee: ECON
Amendment 30 #

2008/2148(INI)

Motion for a resolution
Recital H
H. whereas financial regulation and innovation,novative techniques which wasere designed to diminish risk at the micro level, hasand were regulation compliant in themselves, could lead in certain circumstances to risk concentration and has exacerbated risk at the macro level, thus amplifying systemic risk,
2008/07/14
Committee: ECON
Amendment 34 #

2008/2148(INI)

Motion for a resolution
Recital I
I. whereas regulatory arbitrage mustshould be prevented,
2008/07/14
Committee: ECON
Amendment 36 #

2008/2148(INI)

Motion for a resolution
Recital J
J. whereas transparency towardshe full confidence of the public, investors and supervisory authorities must be restored,
2008/07/14
Committee: ECON
Amendment 41 #

2008/2148(INI)

Motion for a resolution
Recital K
K. whereas current compensation schemes can reward excessive risk at the expense of-taking rather than prudence,
2008/07/14
Committee: ECON
Amendment 46 #

2008/2148(INI)

Motion for a resolution
Recital L
L. whereas conflicts of interest can arise from the business model used by some financial institutions, and credit rating agencies, and audit and law firms,
2008/07/14
Committee: ECON
Amendment 49 #

2008/2148(INI)

Motion for a resolution
Recital M
M. whereas failures bythe limitations of credit ratings agencies generated substantial negative externalities and market uncertaintre often poorly understood by recipients and inadequately defined by the agencies; and whereas credit rating agencies have offered unsatisfactory' procedures need reviewing, particularly the adequacy of selfregulatory solutions,
2008/07/14
Committee: ECON
Amendment 51 #

2008/2148(INI)

Motion for a resolution
Recital M a (new)
Ma. whereas self-regulatory solutions, proposed by the credit rating agencies are as yet untested and probably insufficient to meet the pivotal role they play in the financial system,
2008/07/14
Committee: ECON
Amendment 54 #

2008/2148(INI)

Motion for a resolution
Recital N
N. whereas market integration, desirable as it may be in many respects, does not necessarily enhance financial stability,
2008/07/14
Committee: ECON
Amendment 57 #

2008/2148(INI)

Motion for a resolution
Recital O
O. whereas the EU needs more cohernsistently and harmoniseffectively implemented regulation and supervision in order to mitigate the risk of future financial crises and to ensure a level playing field across borders and between regulated and unregulated market participants,
2008/07/14
Committee: ECON
Amendment 60 #

2008/2148(INI)

Motion for a resolution
Recital P
P. whereas a comprehensive reformview of current EU regulatory and supervisory arrangements is necessarunderway together with measurinitiatives to improve global supervisory cooperation; whereas such a reform should refer to covering the capital adequacy framework, transparency, and governance as key prerequisites for improved and effective regulatory and supervisory arrangements in a globally coordinated manner,
2008/07/14
Committee: ECON
Amendment 64 #

2008/2148(INI)

Motion for a resolution
Recital P a (new)
Pa. whereas supervisory cooperation needs to take into account the third country dimension of supervision of international groups as most, if not all, major financial groups in the EU have third country interests,
2008/07/14
Committee: ECON
Amendment 65 #

2008/2148(INI)

Motion for a resolution
Recital P b (new)
Pb. whereas following the ECOFIN Council conclusions of October 2007, December 2007 and June 2008, a major programme of work is already under way to make targeted improvements to the arrangements for EU supervisory cooperation; whereas extensive programmes of work are also in the EU and worldwide to understand the causes of market turmoil and to respond appropriately and therefore any new legislative proposals for fundamental reform of the EU supervisory configuration and associated issues may be inappropriate, and give rise to new uncertainty and risk,
2008/07/14
Committee: ECON
Amendment 68 #

2008/2148(INI)

Motion for a resolution
Paragraph 1
1. Requests the Commission to submit to Parliament, by 30 November 2008, on the basis of Article 44, Article 47(2), Article 55, Article 95, Article 105(6), Article 202, Article 211 or Article 308 of the EC Treaty, a legislative proposal or proposals on an EU supervisory configuration, credit rating agencies and other relevant issues, following the detailed recommendations below.
2008/07/14
Committee: ECON
Amendment 70 #

2008/2148(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Requires the Commission to carry out a comprehensive impact assessment of such legislative proposal.
2008/07/14
Committee: ECON
Amendment 72 #

2008/2148(INI)

Motion for a resolution
Paragraph 3
3. Considers that the financial implications of the requested proposal or proposals should be covered by EU budgetary allocations for the establishment of any EU supervisory authority.deleted
2008/07/14
Committee: ECON
Amendment 86 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.1 – point a
(a) imposensure appropriate capital requirements onfor all entities operating on financial markets;
2008/07/14
Committee: ECON
Amendment 93 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.1 – point c
(c) ensure that the rules are anti-cyclical as far as possible;
2008/07/14
Committee: ECON
Amendment 97 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.1 – point d
(d) reform the framework to improve risk management and not to rely excessivelyensure the adequacy of the risk management framework and in particular onf mathematical models;
2008/07/14
Committee: ECON
Amendment 102 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.1 – point e
(e) require higher capital chargeensure appropriate capital requirements for complex financial products and derivatives;
2008/07/14
Committee: ECON
Amendment 104 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.1 – point f
(f) requiensure disclosure of off-balance-sheet items, structured investment vehicles (SIVs) and any liquidity assistance facility, and require proper assessment of the risks that they pose, so that market participants are aware of the existence of these vehicles and how they operate.
2008/07/14
Committee: ECON
Amendment 110 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.2 – point a
(a) Securitisation: FRequire national regulation to monitor the implementation of industry-led initiatives to foster transparency, clarity, and data (quarterly)timely provision of data on complex financial products and the securitisation process.
2008/07/14
Committee: ECON
Amendment 113 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.2 – point b
(b) Complex Financial Products (CFS): Require investors to evaluate and monitor risk of CFS. Consistent rating terminology that clearly differentiates rating for such products should be established and ratings should reflect the vulnerability of such products to downgradesInstitute a programme to enhance the ability of investors to evaluate and monitor risk of CFS.
2008/07/14
Committee: ECON
Amendment 117 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.2 – point c – point i
(i) require rules on control to ensure that companies and financial institutions cannot artificially keep material special purpose vehicles or SIVs, etc. off their balance sheets;deleted
2008/07/14
Committee: ECON
Amendment 121 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.2 – point c – point ii
(ii) requiensure rules on valuation and pricing standards ofor complex financial products are appropriate/sufficient.
2008/07/14
Committee: ECON
Amendment 125 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.2 – point d
(d) Unregulated markets: RequireDetermine to what extent increased transparency of over-the-counter (OTC) markets and address major sources of systemic risk (i.e. counterparty concentration risk), e.g. by requiring OTC trades to be cleared in clearing housesis appropriate.
2008/07/14
Committee: ECON
Amendment 130 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.3 – point a
(a) Securitisation: Require originators to assess and monitor risk and retain a significant portion of the debt or mortgage backed securities originated by them onEnsure that originators improve transparency to initial investors by clearly disclosing whether they intend to retain risk in a pool, or whether they intend to sell all risks to third parties, either immediately or in the future, so that investors in securitisation could make the decision at the outset as to whether the interests of the originator are aligned with their booksown.
2008/07/14
Committee: ECON
Amendment 136 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.3 – point b
(b) Remuneration schemes: RequiEnsure financial institutions to disclose their remuneration policy, remuneration of individual directors, and remuneration packages for individuals other than directors and that all elements in compensation packages are expensed and remuneration of individual directors. Ensure that all transactions involving management can be clearly identified in the financial statements. RequiEnsure prudential supervisors to include in their assessment of risk management the influence of remuneration and bonus schemes to ensure that they contain balanced incentives and do not encourage extreme risk taking.
2008/07/14
Committee: ECON
Amendment 139 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.3 – point c
(c) Corporate liability regime: Require aAmend the approach to liability regimes addressing fines and other penalties for failure to comply with financial services legislation. Ensure that executives in financial institutions in case of omission of duties or wrongful trading can be disqualified from working in the financial sector.
2008/07/14
Committee: ECON
Amendment 144 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 1 – point 1.3 – point d
(d) Credit rating agencies: MEnsure appropriate measures addressing e.g. conflicts of interests, quality assurance systems and oversight in a manner similar to those applicable to auditors. Ensure that credit rating agencies apply differentiated symbols for, and encourage further credit rating agency transparency on ratings methodologies, including information on how the ratings of complex debt products, mortgage related products and traditional debt. Ensure that full transparency is practised in ratings and that credit rating agencies do not turn sub-investments into investment grade securitiea particular structured product may be different from that for other products in terms of volatility or complexity, taking account of the need for investors to develop procedures to assess the credit of structured products without relying solely on ratings.
2008/07/14
Committee: ECON
Amendment 147 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point a
(a) Financial stability and systemic risks: Require the ECB to develop databases and forward-looking scenarios and policies on macro prudential supervision and financial stability. EU supervisors and central banks should provide non- public and confidential up-to-date micro prudential information to the ECB for it to fulfil this function and prevent systemic risk.deleted
2008/07/14
Committee: ECON
Amendment 151 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point b
(b) Leveraged institutions: Expand the EU prudential and regulatory framework to reflect all sources of systemic risk, in particular by including leveraged entities carrying systemic risk into such a framework regardless of their legal form or seat.deleted
2008/07/14
Committee: ECON
Amendment 153 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point c – point i – introductory part
(i) enhancing as necessary crisis prevention and management arrangements at EU level including:
2008/07/14
Committee: ECON
Amendment 154 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point (c) – point (i) – indent 1
- facilitate monitoring and assessment of systemic financial risks at EU level;
2008/07/14
Committee: ECON
Amendment 156 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point c – point i – indent 2
- set up an EU early-interventiona mechanism for dealing with weak and failing banks if the EU financial stability is threatened. Such a mechanism should be well-defined, clear, able to prompt action, and financed by the financial institutions;
2008/07/14
Committee: ECON
Amendment 160 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point c – point i – indent 3
- facilitate the cross-border transfer of funds within a group in extreme situations;
2008/07/14
Committee: ECON
Amendment 166 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point c – point i – indent 4
- discourage major financial groups from engaging in overly risky origination and distribution activities;
2008/07/14
Committee: ECON
Amendment 167 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point c – point i – indent 5
- set clear and binding rules on cross- border crisis management and clarify state aid rules in cases of cross-border crisis;
2008/07/14
Committee: ECON
Amendment 176 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point d
(d) Amend EU rules on deposit guarantees to introduce obligatory ex-ante schemes financed by contributions from financial institutions and administered independently of these institutions. The level of refund should be significantly increased andContinue to monitor the effectiveness of current EU rules on deposit guarantees. The level of refund will be made available to retail clients within a clearly defined and short timeframe.
2008/07/14
Committee: ECON
Amendment 182 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point f
(f) Require the setting up of a risk absorber that could be activated when financial stability is threatened.deleted
2008/07/14
Committee: ECON
Amendment 188 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 2 – point g
(g) Introduce a small, special tax on financial transactions and give the Commission a mandate to strive for an international agreement committing all signatories to impose such a tax on financial transactions. Revenues should be used to finance the deposit and insurance guarantee schemes as well as risk absorbers.deleted
2008/07/14
Committee: ECON
Amendment 204 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.1 – point d
(d) RequiEnsure collection, exchange and access to relevant information amongst the members of the college and amongst all supervisors involved.
2008/07/14
Committee: ECON
Amendment 205 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.1 – point e– introductory part
(e) The colleges will decide and vote on the basis of a qualified majority voting (QMV) system based taking into account:deleted
2008/07/14
Committee: ECON
Amendment 210 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.1 – point e – points i to iii
(i) the relative proportion of the groups’ assets in the different college members’ Member State; (ii) the relative proportion of the group's assets to a Member State’s GDP and/or size of the financial market concerned; (iii) the relative size of the deposits placed in the different Member States.deleted
2008/07/14
Committee: ECON
Amendment 217 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 - point 3.2
Point 3.2.deleted
2008/07/14
Committee: ECON
Amendment 228 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – title
3.3. Configuration of EU supervision: supervisory committeesdeleted
2008/07/14
Committee: ECON
Amendment 231 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point a
(a) By Autumn 2008 a regulation shall require transforming the existing Lamfalussy Level 3 committees into a configuration of EU supervision and giving the Lamfalussy Level 3 committees the status of supervisory agencies with an executive board (similar to the Eurosystem) and appropriate staffing and resources.deleted
2008/07/14
Committee: ECON
Amendment 239 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point b
(b) In addition to the advisory tasks the supervisory agencies shall be given the task (and the tools and resources) to ensure supervisory convergence and a level playing field in the implementation and enforcement of EU legislation.deleted
2008/07/14
Committee: ECON
Amendment 245 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point c
(c) An independent permanent chair as well as between one and five part-time vice-chairs (recruited from the boards of the composing authorities but with an independent mandate) should be appointed for a five year term by the Commission after consultation of the Parliament and the Council.deleted
2008/07/14
Committee: ECON
Amendment 248 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point d
(d) The supervisory agencies should present an annual work plan. Parliament, the Council and the Commission should approve the annual work plans and reports.deleted
2008/07/14
Committee: ECON
Amendment 254 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point e
(e) It shall be possible to decide on the basis of a QMV system that takes into account the relative size of the financial sector and the GDP of the Member State; this procedure should be used both for decisions on supervisory convergence issues and for the advice to the Commission on legislation and regulation.deleted
2008/07/14
Committee: ECON
Amendment 258 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point f – introductory part
(f) The supervisory committees should:deleted
2008/07/14
Committee: ECON
Amendment 261 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point f – point i
(i) develop procedures for data provision in cross border situations;deleted
2008/07/14
Committee: ECON
Amendment 262 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point f – point ii
(ii) issue recommendations on specific supervisory practice issues;deleted
2008/07/14
Committee: ECON
Amendment 264 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point f – point iii
(iii) issue guidelines to streamline the supervisory practices of the colleges;deleted
2008/07/14
Committee: ECON
Amendment 267 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point f – point iv
(iv) design common reporting standards and data provision requirements for cross-border groups, preferably in a multi purpose format such as XBRL (Extensible Business Reporting Language):deleted
2008/07/14
Committee: ECON
Amendment 269 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point f – point v
(v) represent the EU in international sector bodies of supervisors like the International Organization of Securities Commissions.deleted
2008/07/14
Committee: ECON
Amendment 271 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point g
(g) The regulation should also provide for a presidium for the configuration of EU supervision consisting of five persons. It should be composed of the chairs of the three supervisory agencies. An independent chair should be appointed for a five-year term by the Commission after consultation of Parliament and Council. The chair of the CCMC should act as the vice chair.deleted
2008/07/14
Committee: ECON
Amendment 278 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point h – introductory part
(h) The presidium should act as the day- to-day executive of the configuration of EU supervision and have as its main tasks to:deleted
2008/07/14
Committee: ECON
Amendment 282 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point h – point i
(i) coordinate between the agencies and sectors;deleted
2008/07/14
Committee: ECON
Amendment 287 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point h – point ii
(ii) provide for common data and statistics;deleted
2008/07/14
Committee: ECON
Amendment 290 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.3 – point h – point iii
(iii) cooperate with the European System of Central Banks and the ECB for the purpose of coordinating financial stability issues.deleted
2008/07/14
Committee: ECON
Amendment 294 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – title
3.4. EU financial stability oversight bodydeleted
2008/07/14
Committee: ECON
Amendment 298 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – point a
(a) By Autumn 2008 a regulation shall require establishing an EU financial stability oversight body that is able to collect and analyse micro and macro prudential information with the central banks. This must be linked to monetary and macro-economic information. The oversight body should also act as a rapid reaction force in crisis situations with a systemic impact for the EU.deleted
2008/07/14
Committee: ECON
Amendment 303 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – point b
(b) The oversight body should be composed of the chairs of the three Lamfalussy Level 3 supervisory committees, the chair of the presidium, the chair of the CCMC, a representative of the European System of Central Banks (which is composed of all EU central banks) and a representative of the Eurosystem and the (Vice)President of the ECB charged with prudential supervision. The ECB ((Vice)-President) could chair the oversight body and the chair of the presidium of the configuration of EU supervision could be vice-chair.deleted
2008/07/14
Committee: ECON
Amendment 309 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c – introductory part
(c) The main tasks should be to:deleted
2008/07/14
Committee: ECON
Amendment 313 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c – points i to iv
(i) establish a proper system of supervisory data collection and exchange; (ii) analyse and elaborate these data; (iii) develop procedures for provision and collection of confidential data; (iv) provide early warning signals about dynamics that can endanger the stability of the financial system;deleted
2008/07/14
Committee: ECON
Amendment 317 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c – point v
(v) act as rapid reaction force in case of a threat to financial stability;deleted
2008/07/14
Committee: ECON
Amendment 322 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – point c – point vi
(vi ) represent the EU in international bodies of supervisors such as the Financial Stability Forum and to be the counterpart for supervisors in other parts of the world.deleted
2008/07/14
Committee: ECON
Amendment 326 #

2008/2148(INI)

Motion for a resolution
Annex – recommendation 3 – point 3.4 – point d
(d) The oversight body should be located within the ECB and its budget and staff should be provided by the ECB.deleted
2008/07/14
Committee: ECON
Amendment 147 #

2008/0217(COD)

Proposal for a regulation
Recital 13
(13) Long lasting relationships with the same rated entities or its related third parties could compromise the independence of analysts and persons approving credit ratingsin particular of lead analysts in any such relationship. Therefore thoselead analysts and persons should be subject to a rotation mechanism. while ensuring successors of an equivalent professional quality and expertise are available as replacements.
2009/02/18
Committee: ECON
Amendment 190 #

2008/0217(COD)

Proposal for a regulation
Recital 25 a (new)
(25a) In the context of its Communication of 29 October 2008 entitled 'From financial crisis to recovery: A European framework for action', the Commission set up the De Larosière Group, a group of experts with a mandate to consider the organisation of European financial institutions to ensure prudential soundness, the orderly functioning of markets and stronger European cooperation on financial stability oversight, early warning mechanisms and crisis management, including the management of cross-border and cross- sectoral risks. The group will also look at cooperation between the European Union and other major jurisdictions to help safeguard financial stability and ensure consistency and efficient operation at the global level. To ensure consistency and coherence in all relevant financial sector regulation, the Commission will, within one year of the adoption of the conclusions of the De Larosière Group and taking into account those conclusions, put forward appropriate legislative proposals regarding the provisions of this Directive related to supervisory cooperation arrangements.
2009/02/18
Committee: ECON
Amendment 195 #

2008/0217(COD)

Proposal for a regulation
Recital 27
(27) In order to maintain a high level of investor and consumer confidence and enable an on-going control of credit ratings used by financial institutions in the Community, credit rating agencies whose headquarters are located outside the Community should be required to set up a subsidiary in the Community in order to allow for an efficient supervision of their activities in the Community. The emergence of new actors on the credit rating agency market should also be encouraged.
2009/02/18
Committee: ECON
Amendment 206 #

2008/0217(COD)

Proposal for a regulation
Recital 33
(33) Member States should lay down rules on sanctions applicable to infringements of the provisions of this Regulation and ensure that they are implemented. The sanctions should be effective, proportionate and dissuasive. but also consistent with ensuring an orderly market. The Commission, with the advice of the CESR, should establish guidelines relating to such sanctions.
2009/02/18
Committee: ECON
Amendment 207 #

2008/0217(COD)

Proposal for a regulation
Recital 35
(35) The stricter and clearer legal framework within which credit rating agencies will operate should also facilitate recourse to civil actions in respect of credit rating agencies in appropriate cases, in accordance with the applicable regimes of liability of the Member States.deleted
2009/02/18
Committee: ECON
Amendment 214 #

2008/0217(COD)

Proposal for a regulation
Recital 37
(37) In particular the Commission should be empowered to adopt measures to define ancillary services, to adopt guidelines for sanctions and to amend Annex I and II of the Regulation which lay down the specific criteria for assessing the compliance of a credit rating agency with its duties in terms of internal organisation, operational arrangements, rules on employees, presentation of credit ratings and disclosure. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
2009/02/18
Committee: ECON
Amendment 222 #

2008/0217(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation shall applyies to credit ratings that are intended for use for regulatory purposes or otherwise by credit institutions as defined in Directive 2006/48/EC, investments firms as defined in Directive 2004/39/EC of the European Parliament and of the Council, insurance undertakings subject to Council Directive 73/239/EEC, assurance undertakings as defined in Directive 2002/83/EC of the European Parliament and of the Council, reinsurance undertakings as defined in Directive 2005/68/EC of the European Parliament and the Council, undertakings for collective investment in transferable securities (UCITS) as defined in Directive [2009/XX/EC] or institutions for occupational retirement provision as defined in Directive 2003/41/EC of the European Parliament and of the Council and are disclosed publicly or distributed by subscription.
2009/02/18
Committee: ECON
Amendment 229 #

2008/0217(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
(da) 'lead analyst' means a person with primary responsibility for communicating with the issuer with respect to a particular credit rating or generally to the ratings of instruments emanating from that issuer and, where relevant, preparing recommendations about them to the rating committee;
2009/02/18
Committee: ECON
Amendment 238 #

2008/0217(COD)

Proposal for a regulation
Article 4 – paragraph 1
Credit institutions, investments firms, insurance, assurance and reinsurance undertakings, undertakings for collective investment in transferable securities (UCITS) and institutions for occupational retirement provision referred to in Article 2 may only use for regulatory purposes credit ratings which are issued by credit rating agencies established in the Community and registered in accordance with this Regulation, save in the case of credit ratings issued by third-country rating agencies which are recognised by a Member State competent authority in accordance with Annex VI, Part 2 of Directive 2006/48/EC.
2009/02/18
Committee: ECON
Amendment 248 #

2008/0217(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
The ratings of entities or products located in a third country issued by credit rating agencies that are established in a third country may be used within the Community on condition that those ratings are confirmed by a credit rating agency established in the Community and registered in accordance with this Regulation.
2009/02/18
Committee: ECON
Amendment 250 #

2008/0217(COD)

Proposal for a regulation
Article 4 – paragraph 2 b (new)
By ...*, the Commission will introduce legislation whereby equivalence of regulatory, governance and operational standards in third countries can replace the need for endorsement of ratings by domiciled credit rating agencies established in the EU. * OJ please insert date: 3 years after entry into force of this Regulation.
2009/02/18
Committee: ECON
Amendment 270 #

2008/0217(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
4. A credit rating agency shall ensure that analysts and persons approvthe lead analyst making credit ratings shall not be involved in providing the credit rating services to the same rated entity or its related third parties for a period exceeding fourive years. For that purpose it shall establish a rotation mechanism with regard to thosee lead analysts and persons.
2009/02/18
Committee: ECON
Amendment 283 #

2008/0217(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
The period after which the lead analysts and persons approv making credit ratings may be involved in providing the credit rating services to the rated entity or related third parties referred to in the first subparagraph may not beshall be no shorter than two years.
2009/02/18
Committee: ECON
Amendment 286 #

2008/0217(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. Compensation and performance evaluation of lead analysts and persons approvmaking the credit ratings shall not be contingent on the amount of revenue that the credit rating agency derives from the rated entities or related third parties to which the lead analyst or persons approvs making the credit ratings provide services.
2009/02/18
Committee: ECON
Amendment 316 #

2008/0217(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Credit rating agencies shall make available in a central repository established by CESR information on their historical performance data and information about past credit rating activities. The repository shall be open to the public. On the basis of the information contained in the repository, the CESR shall monitor the past performances of credit ratings on the basis of statistical results.
2009/02/18
Committee: ECON
Amendment 343 #

2008/0217(COD)

Proposal for a regulation
Article 17 – paragraph 4 a (new)
4a. In the event of withdrawal of registration the competent authorities shall provide for a transition for ratings previously made by the deregistered agency whereby those ratings stand for 12 months with appropriate qualification attached thereto by the competent authorities.
2009/02/18
Committee: ECON
Amendment 363 #

2008/0217(COD)

Proposal for a regulation
Article 23
Competent authorities of Member States shall, in relation to all of the activities referred to in this Chapter, cooperate with the re it is necessary for the purposes of this Regulation, includinglevant competent authorities responsible for the use of credit ratings for regulatory purposes, and with the corresponding authorities in third countries, wherever it is necessary for the purposes of this Regulation. In all cases, the objective of such cooperation shall be to reach consistent decisions about registration, withdrawal, variation, and oversight in relation to the entire worldwide operation of each credit rating agency or group of credit rating agencies. Competent authorities of Member States shall cooperate in cases where the conduct under investigation does not constitute an infringement of any regulation in force in the Member State concerned.
2009/02/18
Committee: ECON
Amendment 439 #

2008/0217(COD)

Proposal for a regulation
Annex I – Section B – point 7
7. A credit rating agency shall keep records and audit trails of all those of its activities, which are relevant to its rating decisions including records of agreements between the credit rating agency and the rated entity or related third party and all significant elements of the dialogue with the rated entity and its related third parties, as well as records in relation to the obligations set out in Articles 5, 6 and 7.
2009/02/18
Committee: ECON
Amendment 59 #

2008/0215(CNS)

Proposal for a directive – amending act
Annex – point 2
Directive 2003/48/EC
Annex I – paragraph 1 - table
Antigua and Barbuda International business company The Bahamas Trust Foundation International business company Bahrain Financial trust Barbados Trust Belize Trust International business company Bermuda Trust Brunei Trust International business company International trust International Limited Partnership Cook Islands Trust International trust International company International partnership Costa Rica Trust Djibouti Exempt company (Foreign) trust Dominica Trust International business company Fiji Trust French Polynesia Société (Company) Société de personnes (Partnership) Société en participation (Joint venture) (Foreign) trust Guam Company Sole proprietorship Partnership (Foreign) trust Guatemala Trust Fundación (Foundation) Hong Kong Trust Kiribati Trust Labuan (Malaysia) Offshore company Malaysian offshore bank, Offshore limited partnership Offshore trust Lebanon Companies benefiting from the Offshore company regime Macao Trust Fundação (Foundation) Maldives All the companies, partnership and Foreign trust Northern Marianas Islands Foreign sales corporation Offshore banking corporation (Foreign) trust Marshall Islands Trust Mauritius Trust Global business company cat. 1 and 2 Micronesia Company Partnership (Foreign) trust Nauru Trusts/nominee company Company Partnership Sole proprietorship Foreign will Foreign estate Other form of business negotiated with the Government New Caledonia Société (Company) Société civile (Civil company) Société de personnes (Partnership) Joint venture Estate of deceased person (Foreign) trust Niue Trust International business company Panama Fideicomiso (Trust) Fundación de interés privado (Foundation) Palau Company Partnership Sole proprietorship Representative office Credit union (financial cooperative) Cooperative (Foreign) trust Philippines Trust Puerto Rico Estate Trust International banking entity Saint Kitts and Nevis Trust Foundation Exempt company Saint Lucia Trust Saint Vincent and the Grenadine Trust Samoa Trust International trust International company Offshore bank Offshore insurance company International partnership Limited partnership Seychelles Trust International business company Singapore Trust Solomon Islands Company Partnership Trust South Africa Trust Tonga Trust Tuvalu Trust Provident fund United Arab Emirates Trust USA State of Delaware Limited Liability Corporation US Virgin Islands Trust Exempt company Uruguay Trust Vanuatu Trust Exempt company International company
2009/02/19
Committee: ECON
Amendment 22 #

2008/0211(COD)

Proposal for a directive
Recital 16
(16) With current scientific knowledge the use of non-human primates in scientific procedures is still necessary in biomedical research. Due to their genetic proximity to human beings and to their highly developed social skills, the use of non- human primates in scientific procedures raises specific ethical and practical problems in terms of meeting their behavioural, environmental and social needs in a laboratory environment. Furthermore, the use of non-human primates is of the highest concern to the public. Therefore the use of non-human primates should only be allowed in those essential biomedical areas for the benefit of human beings for which no other replacement alternative methods are yet available and only in cases where the procedures are carried out in relation to clinical conditions having a substantial impact on patients’ day-today functioning as being either life-threatening or debilitating, or for the preservation of the respective non-human primate species. F, or for the purposes of fundamental research in some areas of the biomedical sciences canwhich potentially will provide important new information relevant to manybasic scientific knowledge and in due course to life- threatening and debilitating human conditions. The reference to life- threatening or debilitating clinical conditions is established terminology in EC legislation as reflected in Regulation 141/2000/EC, in Directive 2001/20/EC, Regulation 726/2004/EC and Commission Regulation 507/2006/EC.
2009/02/23
Committee: ITRE
Amendment 25 #

2008/0211(COD)

Proposal for a directive
Recital 21
(21) To enhance transparency, facilitate the project authorisation and provide tools for monitoring compliance, a severity classification of procedures should be introduced on the basis of estimated level of pain, suffering, distress and lasting harm that is inflicted on the animals. To give greater precision as to how severity classes should be assigned, the Commission should develop criteria with stakeholder input using existing severity classification schemes in place in Member States and third countries as well as those promoted by international organisations as basis. In order to ensure greater clarity in the classification system, the number of gradations should be expanded by dividing the existing "moderate" grade into "low moderate" and "high moderate".
2009/02/23
Committee: ITRE
Amendment 28 #

2008/0211(COD)

Proposal for a directive
Recital 23 a (new)
(23a) In that it would reduce the number of animals required for experiments and greatly assist research, the extended re- use of animals should be permitted where a tracking, recording or transmitting device has been introduced by means of a surgical intervention under anaesthetic and where such intervention involves pain not exceeding the "low moderate" gradation.
2009/02/23
Committee: ITRE
Amendment 29 #

2008/0211(COD)

Proposal for a directive
Recital 26
(26) The welfare of the animals used in procedures is highly dependent on the quality and professional competence of the personnel supervising procedures, as well as of those performing procedures or supervising those taking care of the animals on a daily basis. In order to secure an adequate degree of competence of the persons dealing with animals and with procedures involving animals, those activities should only be performed in establishments and by persons authorised by the competent authorities. The main focus should be on obtaining and maintaining an adequate level of competence which should be demonstrated before authorising those persons or renewing their authorisation.
2009/02/23
Committee: ITRE
Amendment 30 #

2008/0211(COD)

Proposal for a directive
Recital 27
(27) Establishments should have adequate installations and equipment in place to meet the accommodation requirements of the animal species concerned and to allow the procedures to be performed efficiently and with the least distress both to the animals directly concerned and their animal companions. The establishments should operate only if they are authorised by the competent authorities.
2009/02/23
Committee: ITRE
Amendment 32 #

2008/0211(COD)

Proposal for a directive
Recital 40
(40) To ensure that the public is informed, it is important that objective information on the projects using live animals is made publicly available. The format of that information should not violate proprietary rights or expose confidential information. Therefore, with due consideration for security risks, user establishments should provide authorised access to anonymous non-technical summaries of those projects, including the results of any retrospective assessments, and make those summaries publicly available.
2009/02/23
Committee: ITRE
Amendment 69 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 1 – point a
(a) the procedure has one of the purposes referred to in points (1), (2)(a), (3) and is undertaken with a view to the avoidance, prevention, diagnosis or treatment of life- threatening or debilitating clinical conditions in human beings or the purpose referred to in point (5) of Article 5, or is justified by the expected advancement of science that ultimately benefits human beings;
2009/02/23
Committee: ITRE
Amendment 72 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
(ba) the procedure is necessary for significant fundamental research justified by its potential for improved human health and quality of the human condition.
2009/02/23
Committee: ITRE
Amendment 84 #

2008/0211(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
However, as from the dates set out in Annex III, Member States shall ensure that non-human primates listed in that Annex may only be used in procedures where they are the offspring of non- human primates which have been bred in captivity.deleted
2009/02/23
Committee: ITRE
Amendment 96 #

2008/0211(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that all procedures are classified as 'up to mild', 'low moderate', 'high moderate', 'severe' or 'non-recovery' on the basis of the duration and intensity of potential pain, suffering, distress and lasting harm, the frequency of intervention, the deprivation of ethological needs and the use of anaesthesia or analgesia or both.
2009/02/23
Committee: ITRE
Amendment 103 #

2008/0211(COD)

Proposal for a directive
Article 16 – paragraph 1 – point a
(a) the previous procedure was classified as 'up to mildnot higher than 'low moderate';
2009/02/23
Committee: ITRE
Amendment 105 #

2008/0211(COD)

Proposal for a directive
Article 16 – paragraph 1 – point c
(c) the further procedure is classified as 'up to mildnot higher than 'low moderate' or 'non- recovery'.
2009/02/23
Committee: ITRE
Amendment 117 #

2008/0211(COD)

Proposal for a directive
Article 20 – paragraph 3
3. All authorisations of persons shall be granted for a limited period of time, not exceeding fiseven years. Member States shall ensure that the renewal of an authorisation of persons is only granted on the basis of demonstration of the requisite competence.
2009/02/23
Committee: ITRE
Amendment 160 #

2008/0211(COD)

Proposal for a directive
Article 36 – paragraph 2
2. Member States may waive the requirement in paragraph 1(b) and permit the user establishment to submit a reduced project proposal covering only the ethical evaluation and elements listed in Article 41(2), provided that the project involves only procedures classified as "up to mild" and does not use non-human primlow moderates".
2009/02/23
Committee: ITRE
Amendment 175 #

2008/0211(COD)

Proposal for a directive
Article 38 – paragraph 4
4. Without prejudice to paragraph 3, all projects involving only procedures classified as "up to mild"low moderate" shall be exempted from the requirement for a retrospective assessment.
2009/02/23
Committee: ITRE
Amendment 200 #

2008/0211(COD)

Proposal for a directive
Article 46 – paragraph 1
1. Each Member State shall, by [one year after entry into force of this Directive], designate a nationalensure access to one or more accredited European reference laboratorycentre(s) for the validation of alternative methods replacing, reducing and refining the use of animals.
2009/02/23
Committee: ITRE
Amendment 24 #

2008/0199(COD)

Proposal for a directive – amending act
Recital 7
(7) Member States should ensure that deposit-guarantee schemes have adequate funds available to meet their needs. The deposit-guarantee scheme should be empowered to raise finance for the purposes of underpinning the continuity of banking services and access to monies and should stand as a creditor in the normal sequence of insolvency.
2008/11/28
Committee: ECON
Amendment 35 #

2008/0199(COD)

Proposal for a directive – amending act
Article 1 – point 3 – subpoint a
Directive 94/19/EC
Article 7 – paragraph 1 – subparagraph 2
By 31 December 2009 at the latest, coverage shall be increased to at least EUR 100 000, or equivalent, in the event that a Commission impact assessment, submitted to the European Parliament and the Council by 31 March 2009, concludes that such an increase is required and is financially viable for all Member States in order to ensure consumer protection and financial market stability.
2008/11/28
Committee: ECON
Amendment 29 #

2008/0191(COD)

Proposal for a directive – amending act
Recital 3
(3) Therefore, it is important to lay down criteria for those capital instruments to be eligible for original own funds of credit institutions and to align the provisions in Directive 2006/48/EC to that agreement while taking into account the importance of a strong core capital base to be able to absorb losses. The amendments to Annex XII to Directive 2006/48/EC result directly from the establishment of those criteria. The eligibility criteria should refer to the most subordinated instruments of a credit institution that does not have proprietors or shareholders under national law, such as certain members' certificates of cooperative banks, insofar as the respective capital has been paid up and ranks after all other claims. Original own funds referred to in Article 57(a) of Directive 2006/48/EC include all instruments that are regarded under national law as equity capital, rank pari passu with ordinary shares during liquidation and fully absorb losses pari passu with ordinary shares on a going concern basis. These may include instruments providing preferential rights for dividend payment on a non cumulative basis, provided that they are included in Article 22 of Directive 86/635/EEC, rank pari passu with ordinary shares during liquidation and fully absorb losses on a going concern basis pari passu with ordinary shares. Original own funds referred to in Article 57(a) of Directive 2006/48/EC also include any other instrument under credit institutions' statutory terms taking into account the specific constitution of mutuals, cooperative societies and similar institutions and which are deemed equivalent to ordinary shares in terms of their capital qualities. Instruments that do not rank pari passu with ordinary shares during liquidation or that do not absorb losses on a going concern basis pari passu with ordinary shares are included in the category of hybrids referred to in Article 57(ca) of Directive 2006/48/EC.
2009/01/19
Committee: ECON
Amendment 58 #

2008/0191(COD)

Proposal for a directive – amending act
Recital 19 a (new)
(19a) By 31 December 2009, the Commission should report to the European Parliament and the Council on the appropriateness and expected impact of requiring institutions to retain a material net economic interest in their securitisations in the light of international market and policy developments. If the Commission concludes that retaining a material net economic interest is appropriate, it should put forward proposals with that report.
2009/01/19
Committee: ECON
Amendment 106 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 19 – point a
Directive 2006/48/EC
Article 111 – paragraph 1 – subparagraph 3
Member States may set a lower limit than EUR 150 million and shall inform the CommissionWhere an exposure to an institution has a maturity of six months or less, the value of that exposure shall not exceed 40 % of the credit institution’s own funds or the amount of EUR 150 000 000, whichever the higher.
2009/01/19
Committee: ECON
Amendment 138 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1
1. A credit institution shall only be exposed to the credit risk of an obligation or potential obligation or a pool of obligations or potential obligations where it was not involved in directly negotiating, structuring and documenting the original agreement which created the obligations or potential obligations, if: (a) the persons or entities that directly negotiated, structured and documented the original agreement with the obligor or potential obligor; or alternatively and where applicable, (b) the persons or entities that manage and purchase such obligations or potential obligations directly or indirectly on behalf of the credit institution, have issued an explicit commitment to the credit institution to maintain, on an ongoing basis, a material net economic interest and in any event not less than 5 per cent in positions having the same risk profile as the one that the credit institution is exposed to.deleted
2009/01/19
Committee: ECON
Amendment 140 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1
1. A credit institution shall only be exposed to the credit risk of an obligation or potential obligation or a pool of obligations or potential obligations where it was not involved in directly negotiating, structuring and documenting the original agreement which created the obligations or potential obligations, if: (a) the persons or entities that directly negotiated, structured and documented the original agreement with the obligor or potential obligor; or alternatively and where applicable, (b) the persons or entities that manage and purchase such obligations or potential obligations directly or indirectly on behalf of the credit institution, have issued either an explicit commitment to the credit institution to maintain, on an ongoing basis, a material net economic interest and in any event not less than 5 per cent in positions having the same risk profile as the one that the credit institution is exposed to or an explicit and unconditional warranty that they have carried out due diligence on the obligation and the obligor concerned and have properly defined and disclosed the risk profiles thereof.
2009/01/19
Committee: ECON
Amendment 177 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 2 – subparagraph 2 a (new)
Paragraph 1 shall not apply to securitisation positions which a credit institution holds or intends to hold on a short-term basis for the purposes of market making or providing liquidity.
2009/01/19
Committee: ECON
Amendment 180 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 3 a (new)
3a. The Commission shall adopt implementing measures to specify: (a) the conditions and procedures for a suspension of the requirement set out in paragraph 1 in the event of a temporary breach of the explicit commitment; (b) the transitional measures to be applied in the event of a permanent breach of the explicit commitment; and (c) the manner in which the explicit commitment shall be disclosed.
2009/01/19
Committee: ECON
Amendment 182 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – introductory part
4. Before investing, and on an ongoing basis, credit institutions, as appropriate thereafter, credit institutions, other than originators or sponsors or original lenders, shall be able to demonstrate at all times to the competent authorities for each of their individual securitisation positions that they have a comprehensive and thorough understanding of their securitisation positions and have implemented formal policies and procedures for analysing and recording, in writto ensure that appropriate due care and attention has been taken, which is appropriate to their trading book and non-trading book and is commensurate with the risk profile of their investments in securitised positions, and that they have implemented review and recording procedures regarding:
2009/01/19
Committee: ECON
Amendment 186 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point a
(a) the commitment, under paragraph 1, of originators and/or sponsors to maintain a net economic interest in the securitisation and the period for which such commitment is given;deleted
2009/01/19
Committee: ECON
Amendment 187 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point a
(a) the commitment, under paragraph 1, of originators and/or sponsors either to maintain a net economic interest in or an explicit and unconditional warranty regarding the securitisation and the period for which such commitment is given;
2009/01/19
Committee: ECON
Amendment 189 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point b
(b) the risk characteristics of the individualsecuritisation positions including structural features of the securitisation positransaction;
2009/01/19
Committee: ECON
Amendment 192 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point c
(c) the risk characteristics of the exposures underlying their securitisation positions;
2009/01/19
Committee: ECON
Amendment 194 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point d
(d) the reputation and loss experience in earlier securitisations of the originators or sponsors in the relevant exposure class or classes underlying the securitizsation positions;
2009/01/19
Committee: ECON
Amendment 196 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point d a (new)
(da) consideration of the likely impact of stress events, provided that the institution does not solely rely on stress tests performed by an ECAI;
2009/01/19
Committee: ECON
Amendment 197 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point e
(e) the statements made by the originators and sponsors about the due diligence undertaken by them on the obligors and, where applicable, on the collateral quality of the exposures underlying the securitization position;deleted
2009/01/19
Committee: ECON
Amendment 200 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point f
(f) where applicable, the methodologies and concepts on which the valuation of collateral supporting the exposures underlying the securitization position is based and the policies adopted by the originators to ensure the independence of the valuer; andeleted
2009/01/19
Committee: ECON
Amendment 202 #

2008/0191(COD)

Proposal for a directive – amending act
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 4 – point g
(g) all the structural features of the securitisation that can materially impact the performance of the credit institution's securitisation positions. To this end, cCredit institutions shall prior to investing and regularly thereafter perform and record appropriate stress tests, such stress tests to be conducted independently of the ECAI or ECAIs who have rated the securitisation and to be based on all relevant information provided by the originator for this purposeregularly perform stress tests appropriate to their securitisation positions.
2009/01/19
Committee: ECON
Amendment 282 #

2008/0191(COD)

Proposal for a directive – amending act
Article 2 – point 7
Directive 2006/49/EC
Article 45 – paragraph 1
(7). In Article 45(1) the date "31 December 2010" is replaced by "31 December 20124".
2009/01/19
Committee: ECON
Amendment 284 #

2008/0191(COD)

Proposal for a directive – amending act
Article 2 – point 8
Directive 2006/49/EC
Article 48 – paragraph 1
(8). In Article 48(1) the date "31 December 2010" is replaced by "31 December 20124".
2009/01/19
Committee: ECON
Amendment 25 #

2008/0190(COD)

Proposal for a directive – amending act
Recital 12
(12) Electronic money needs to be redeemable to preserve bearer confidence. Redeemability does not imply, in itself, that the funds received in exchange for electronic money should be regarded as deposits or other repayable funds for the purpose of Directive 2006/48/EC. Redemption should always be possible at any time, at par value. Redemption of the full amountn termination of the contract where a termination date is specified should always be free of charge. PFull or partial redemption before termination may generate someextra costs to the issuer. ItSuch redemption may, therefore, be subject to a proportionate and cost- based fee. This is without prejudice to national legislation on tax or social matters as well as any obligations on the issuer under other relevant Community or national legislation, such as anti-money laundering and anti- terrorist financing rules, any action targeting the freezing of funds or any specific measure linked to the prevention and investigation of crimes.
2008/12/17
Committee: ECON
Amendment 27 #

2008/0190(COD)

Proposal for a directive – amending act
Article 1 – paragraph 2
2. With the exception of Article 5s 1, 2 and 5, Article 8(2), and Titles III and IV, this Directive shall not apply to credit institutions as defined in Article 4 (1) (a) of Directive 2006/48/EC.
2008/12/17
Committee: ECON
Amendment 28 #

2008/0190(COD)

Proposal for a directive – amending act
Article 1 – paragraph 3
3. This Directive shall not apply to services based on instruments thatundertakings issuing electronic money which can be used to acquire goods or services only: (a) in the premises used by the issuer; or (b) under commercial agreement with the issuer, either within a limited local network of goods or services providers or for a limited range of goods or services, such as a common marketing or distribution scheme.
2008/12/17
Committee: ECON
Amendment 29 #

2008/0190(COD)

Proposal for a directive – amending act
Article 1 – paragraph 4
4. This Directive shall not apply to servicesundertakings issuing electronic money based on any telecommunication, digital or information technology (IT) device, where the goods or services purchased are delivered to and are to be used through a telecommunication, digital or IT device, provided that the telecommunication, digital or IT operator does not act only as an intermediary between the payment service user and the supplier of the goods and services.
2008/12/17
Committee: ECON
Amendment 30 #

2008/0190(COD)

Proposal for a directive – amending act
Article 2 – point 2
2. 'electronic money' means any electronically stored monetary value as represented by a claim on the issuer which is stored electronically and issued on receipt of funds, for the purpose of making payment transactions as defined in Article 4(5) of Directive 2007/64/EC, and is acceptedissued on receipt of funds and accepted as a means of payment by a natural or legal persons other than the issuer;
2008/12/17
Committee: ECON
Amendment 32 #

2008/0190(COD)

Proposal for a directive – amending act
Article 3
Articles 5, Article 7(3), and Articles 10 to 15 and 17 to 25 of Directive 2007/64/EC shall apply mutatis mutandis to electronic money institutions.
2008/12/17
Committee: ECON
Amendment 34 #

2008/0190(COD)

Proposal for a directive – amending act
Article 5
Issuance and Redeemability 1. Member States shall ensure that, upon request by the holder, issuers of electronic money: (a) issuers of electronic money redeem, at any moment and at par value, the monetary value of the electronic money held. 2. The contract between the issuer and the holder shall clearly state the conditions of redemption. 3. The contract between the issuer and the holder shall clearly stat par value on receipt of funds; and (b) upon request by the holder, redeem, at any moment, free of charge, partially or fully and at par value, the monetary value of the electronic money held. 2. Notwithstanding paragraph 1(b), the issuer may charge a fee for the partial or full redemption before the agreed termination date of the conditions of redemption. 4. Where redemption takes place before the date of termination of the contract, it may cover either a part of or the totality of the money stored electronically. 5tract or where no termination date is specified. That fee shall be set out prominently and in detail in the contract. It shall be proportionate and commensurate with the actual costs incurred by the issuer. Where redemption takes place on theor after the agreed and specified date of termination of the contract, the monetary value of the electronic money held shall be redeemed free of charge. 63. The issuer may charge a fee only in the case of partial or full redemption before termination of the contract. The level of this fee shall be mentioned in the contract. It shall be proportionate and commensurate with the actual costs incurred by the issuerRedemption rights of merchants shall be subject to contractual agreement between issuers of electronic money and merchants.
2008/12/17
Committee: ECON
Amendment 47 #

2008/0190(COD)

Proposal for a directive – amending act
Article 8 – paragraph 1 – introductory part
1. Apart from issuing electronic money, electronic money institutions shall be entitled to engage in any of the following activities, subject to compliance with Article 3:
2008/12/17
Committee: ECON
Amendment 49 #

2008/0190(COD)

Proposal for a directive – amending act
Article 8 – paragraph 1 – point b
(b) granting credit related to payment services referred to in points 4, 5 or 7 of the Annex to Directive 2007/64/EC, where the conditions laid down in Article 16(3) and (5) of that Directive are met, and such credit is not granted from the funds received in exchange for electronic money and held in accordance with Article 9(2);
2008/12/17
Committee: ECON
Amendment 52 #

2008/0190(COD)

Proposal for a directive – amending act
Article 8 – paragraph 1 – point c
(c) the provision of operational and closely related ancillary services closely related to the issuing of e-money, as described in Article 16(1)(a) of Directive 2007/64/EC;
2008/12/17
Committee: ECON
Amendment 54 #

2008/0190(COD)

Proposal for a directive – amending act
Article 8 – paragraph 1 – point d
(d) the operation of payment systems, without prejudice to Article 28 of Directive 2007/64/EC;
2008/12/17
Committee: ECON
Amendment 57 #

2008/0190(COD)

Proposal for a directive – amending act
Article 8 – paragraph 2
2. Any funds received by electronic money institutions from the payment service user in exchange for electronic money shall not constitute a deposit or other repayable funds within the meaning of Article 5 of Directive 2006/48/EC. Funds received for any other payment service shall not constitute either a deposit or other repayable funds within the meaning of Article 5 of Directive 2006/48/EC, or electronic money within the meaning of this Directive. Electronic money institutions shall not grant credit from the funds received or held for the purpose of executing e-money transactions.
2008/12/17
Committee: ECON
Amendment 59 #

2008/0190(COD)

Proposal for a directive – amending act
Article 9 – paragraph 1
1. Member States or their competent authorities shall require an electronic money institution which carries on any of the activities referred to in Article 8(1)(a) to (d) and, at the same time, is engaged in other business activities referred to in Article 8(1)(e) to safeguard all funds that have been received from the payment service users or through another payment service providerin relation to those activities for the execution of payment transactions, in accordance with the provisions of Article 9(1), (2) and (4) of Directive 2007/64/EC, mutatis mutandis, in relation to which credit and debit card receivables shall be considered to qualify as liquid low-risk assets.
2008/12/17
Committee: ECON
Amendment 61 #

2008/0190(COD)

Proposal for a directive – amending act
Article 9 – paragraph 1 – subparagraph 1 a (new)
Notwithstanding the first subparagraph, Article 9(1)(b) of Directive 2007/64/EC shall not apply except where electronic money institutions offer credit or non- payment services.
2008/12/17
Committee: ECON
Amendment 62 #

2008/0190(COD)

Proposal for a directive – amending act
Article 9 – paragraph 2
2. Member States or their competent authorities mayshall require that electronic money institutions which are not engaged in other business activsafeguard all funds that represent the financial liabilities referrlated to in Article 8(1)(a) to (d) shall also comply with the safeguarding requirements under paragraph 1 of this Articleoutstanding electronic money in accordance with Article 9(1), (2) and (4) of Directive 2007/64/EC, mutatis mutandis.
2008/12/17
Committee: ECON
Amendment 65 #

2008/0190(COD)

Proposal for a directive – amending act
Article 10 – paragraph 1 – subparagraph 1 a (new)
Where electronic money institutions carry out any of the activities referred to in Article 8(1)(a) to (e) and the amount of outstanding electronic money is unknown in advance, the competent authorities shall allow those institutions to apply this paragraph on the basis of a representative portion assumed to be used for payment services, provided such a representative portion can be reasonably estimated on the basis of historical data and to the satisfaction of the competent authorities.
2008/12/17
Committee: ECON
Amendment 104 #

2008/0153(COD)

Proposal for a directive
Recital 18
(18) Despite the need for consolidation between UCITS to achieve economies of scale and lower costs, mergers of UCITS encounter many legislative and administrative difficulties in the Community. It is therefore necessary, in order to improve the functioning of the Internal Market, to lay down Community provisions facilitating mergers between UCITS (and investment compartments thereof). Although some Member States have authorised only contractual funds, mergers between all types of funds (contractual, corporate and unit trusts) and between funds with differing investment objectives should be allowed and recognised by the laws of each Member State. This Directive covers those merger techniques which are most commonly used in the Member States. It does not prevent UCITS from using other techniques on a domestic or cross-border basis. These will however remain subject to the relevant provisions of national law.
2008/11/12
Committee: ECON
Amendment 201 #

2008/0153(COD)

Proposal for a directive
Article 35 – introductory part
Member States shall, subject to the conditions set out in this Section and irrespective of the manner in which UCITS are constituted as set out in Article 1(3) and irrespective of their investment policies, allow for mergers between:
2008/11/12
Committee: ECON
Amendment 254 #

2008/0153(COD)

Proposal for a directive
Article 53 – paragraph 2 – subparagraph 1 – point b
(b) financial derivative instruments in accordance with Article 45(1)(g) and Article 46(2) and (3) taken into account at their accounting value.
2008/11/12
Committee: ECON
Amendment 276 #

2008/0153(COD)

Proposal for a directive
Article 55 – paragraph 2
2. The master UCITS and the feeder UCITS shall take appropriate measures to ensure that no unitscoordinate the timing of eitheir the master UCITS or the feeder UCITS can be issued, sold, re-purchased or redeemed for the same business day after either the master UCITS or the feeder UCITS published the issue, sale, re-purchase or redemption price of its units for that daynet asset value calculation and publication, or employ other recognised techniques such as fair value pricing, in order to avoid market timing in their fund units and prevent arbitrage.
2008/11/13
Committee: ECON
Amendment 335 #

2008/0153(COD)

Proposal for a directive
Article 88 – paragraph 3 – subparagraph 2
The competent authorities of the UCITS home Member State shall transmit the complete documentation referred to in paragraphs 1 and 2 to the competent authorities of the Member State in which the UCITS proposes to market its units, no later that one monthn three working days after the date of receipt of the notification letter. They shall enclose to the documentation an attestation that the UCITS fulfils the conditions imposed by this Directive.
2008/11/13
Committee: ECON
Amendment 337 #

2008/0153(COD)

Proposal for a directive
Article 88 – paragraph 6
For the purpose of the notification procedure set out in this Article, the competent authorities of the Member State in which a UCITS proposes to market its units shall not request any additional documentor require prior approval for any non-marketing documents including contractual documents such as application forms, certificates or other information other than those provided for in this Article.
2008/11/13
Committee: ECON
Amendment 18 #

2008/0143(CNS)

Proposal for a directive – amending act
Annex - point 6
Directive 2006/112/EC
Annex III - point 12 a (new)
"(12a) supply of restaurant and catering services excluding the supply of alcoholic beverages;"
2008/12/18
Committee: ECON
Amendment 20 #

2008/0143(CNS)

Proposal for a directive – amending act
Annex - point 7
Directive 2006/112/EC
Annex III - point 16
"(16) supply of funeral undertaking services or cremation servicmonuments and gravestones, and the supply of goods relatedcare theretof;
2008/12/18
Committee: ECON
Amendment 3 #

2008/0084(COD)

Proposal for a directive – amending act
Article 2
Directive 83/349/EEC
Article 13 −- paragraph 2a
(2a) Without prejudice to Articles 4(2) and Articles 5 and 6, Member States may permit any parent undertaking governed by the national law of a Member State which only has subsidiary undertakings which are not material for the purposes of Article 16(3), both individually orand as a whole, shall to be exempted from the obligation imposed in Article 1(1).
2008/10/09
Committee: ECON
Amendment 75 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 10
(10) Where equivalent measures to reduce greenhouse gas emissions, in particular taxation, are in place for small installations whose emissions do not exceed a threshold of 1025 000 tonnes of CO2 per year, there should be a procedure for enabling Member States to exclude such small installations from the emissions trading system for so long as those measures are applied. This threshold relatively offers the maximum gain in terms of reduction of administrative costs for each tonne excluded from the system, for reasons of administrative simplicity. As a consequence of the move from five-year allocation periods, and in order to increase certainty and predictability, provisions should be set on the frequency of revision of greenhouse gas emission permits.
2008/07/08
Committee: ENVI
Amendment 724 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 21
Directive 2003/87/EC
Article 27 - paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
2008/07/17
Committee: ENVI
Amendment 789 #

2008/0013(COD)

Proposal for a directive – amending act
Annex I - point 2
Directive 2003/87/EC
Annex I - point 2
When calculating the total capacity of combustion installations, units with a rated thermal input under 3 MW shall not be taken into account fthe following shall not be taken into account: (a) units with a rated thermal input under 3 MW, and (b) units with a rated thermal input below 50 MW and operating no more the purposes of this calculationan 350 hours per year.
2008/07/18
Committee: ENVI
Amendment 81 #

2007/2287(INI)

Motion for a resolution
Paragraph 18
18. Emphatically draws attention to the importance of enabling credit institutions and credit data agencies to have non- discriminatory cross-border access to credit data registers; suggests also that banks should be encouraged to use information on credit data available in other Member States better;
2008/03/17
Committee: ECON
Amendment 5 #

2007/2265(INI)

Draft opinion
Paragraph 7 a (new)
7a. Stresses that opening markets abroad is now primarily a question of eliminating non-tariff barriers to the movement of goods, services and investment capital;
2008/03/05
Committee: ITRE
Amendment 6 #

2007/2265(INI)

Draft opinion
Paragraph 7 b (new)
7b. Supports an active trade policy with an emphasis on areas of importance to business in the Union, especially intellectual property rights and counterfeiting, services, investment safeguards, public procurement and fair competition;
2008/03/05
Committee: ITRE
Amendment 7 #

2007/2265(INI)

Draft opinion
Paragraph 7 c (new)
7c. Regrets that, at the EU-ASEAN Summit held in Singapore in November 2007, certain provisions relating to business practices and conduct were not treated in depth, thus inhibiting EU investment in ASEAN countries;
2008/03/05
Committee: ITRE
Amendment 8 #

2007/2265(INI)

Draft opinion
Paragraph 7 d (new)
...7d. Recommends that any EU policy on energy with respect to ASEAN countries should concentrate on: (i) non-discriminatory licensing and trade conditions related to energy products, (ii) improvements in energy production and export capacities, (iii) the development of transport infrastructure for energy products, (iv) the diversification of energy sources, (v) the elimination of border taxes on energy products, (vi) mutual agreements on energy saving, mitigating climate change and reducing greenhouse gas emissions, including potential reciprocal emissions trading arrangements;
2008/03/05
Committee: ITRE
Amendment 9 #

2007/2265(INI)

Draft opinion
Paragraph 7 e (new)
7e. Would welcome the development of joint research projects conducted by research establishments in the Union and in ASEAN countries and urges the Commission to take steps to facilitate such arrangements.
2008/03/05
Committee: ITRE
Amendment 22 #

2007/2239(INI)

Draft opinion
Paragraph 4 a (new)
4a. Suggests that voluntary guidelines offer better scope for dealing with a wide range of complexities and circumstances, at least until they have been road-tested;
2008/04/15
Committee: ECON
Amendment 28 #

2007/2239(INI)

Draft opinion
Paragraph 5 a (new)
5a. In the interests of ensuring that there is a level playing field, considers it inappropriate to discriminate between different investors;
2008/04/15
Committee: ECON
Amendment 38 #

2007/2239(INI)

Draft opinion
Paragraph 6 a (new)
6a. Considers it impractical and counterproductive in terms of encouraging investment to make an artificial differentiation between categories of private investors in equities;
2008/04/15
Committee: ECON
Amendment 39 #

2007/2239(INI)

Draft opinion
Paragraph 6 b (new)
6b. Recommends that hedge funds which seek investment by retail investors should be required to commit themselves to a defined sector and to a formulaic risk profile and should be sold only through sales people who are specifically authorised as regards their technical qualifications, counselling ability and ethical probity;
2008/04/15
Committee: ECON
Amendment 1 #

2007/2238(INI)

Motion for a resolution
Title
Draft Report with recommendations to the CommissionOwn Initiative Report on Hedge Funds and private equity (2007/2238(INI)) Committee on Economic and Monetary Affairs Rapporteur: Poul Nyrup Rasmussen (Own Initiative - Rule 3947 of the Rules of Procedure)
2008/05/19
Committee: ECON
Amendment 2 #

2007/2238(INI)

Motion for a resolution
Citation 31 a (new)
– having regard to the IOSCO "Objectives and Principles of Securities Regulation" 2003, which cover principles for, amongst others, the marketing of collective investment schemes including hedge funds,
2008/05/19
Committee: ECON
Amendment 3 #

2007/2238(INI)

Motion for a resolution
Citation 31 b (new)
– having regard to the study published by the European Parliament Policy Department for Economic and Scientific Policy on Hedge Funds: Transparency and Conflict of Interest, published in December 2007 (IP/A/ECON/IC/2007- 24),
2008/05/19
Committee: ECON
Amendment 4 #

2007/2238(INI)

Motion for a resolution
Citation 31 c (new)
– having regard to the best practice standards published by the Hedge Fund Working Group on Tuesday, 22 January 2008, and the subsequent setting up of a Hedge Fund Standards Board to act as custodian of those standards,
2008/05/19
Committee: ECON
Amendment 5 #

2007/2238(INI)

Motion for a resolution
Recital A
A. whereas there is at present insufficient EU regulation of hedge funds and private equity,deleted
2008/05/19
Committee: ECON
Amendment 12 #

2007/2238(INI)

Motion for a resolution
Recital B
B. whereas the condition in Rule 39(2), that no proposal should be in preparation, is not duly fulfilled,
2008/05/19
Committee: ECON
Amendment 17 #

2007/2238(INI)

Motion for a resolution
Recital E
E. whereas several global, EU and national institutions have, long before the current financial crisis, voiced their concerns in relation to hedge funds and private equity about financial stability, inadequate risk management, excessive debt (leverage) and the valuation of illiquid and complex financial instruments,deleted
2008/05/19
Committee: ECON
Amendment 23 #

2007/2238(INI)

Motion for a resolution
Recital F
F. whereas there is empirical evidence that hedge funds engage in herding in times of market turmoil, thus giving rise to financial stability concerns,deleted
2008/05/19
Committee: ECON
Amendment 37 #

2007/2238(INI)

Motion for a resolution
Recital J
J. whereas financial stability also requires better supervisory cooperation, including globally, which logically requires, in due course, a comprehensive revision of current EU supervisory arrangements,
2008/05/19
Committee: ECON
Amendment 43 #

2007/2238(INI)

Motion for a resolution
Recital K
K. whereas enhanced appropriate levels of transparency towards the public, investors and supervisory authorities, including, in future, any new EU supervisory body, are crucial to ensure such well-functioning and stable financial markets as well as for promoting competition between market actors and products,
2008/05/19
Committee: ECON
Amendment 50 #

2007/2238(INI)

Motion for a resolution
Recital L
L. whereas excessive debt required by much of the activities of hedge funds and private equity threatens financial stability, prejudices the realisation of the long-term investment, growth and jobs agenda and is, moreover, unfairly favoured in national tax regimes,deleted
2008/05/19
Committee: ECON
Amendment 57 #

2007/2238(INI)

Motion for a resolution
Recital M
M. whereas the recent increase in private equity transactions has significantly increased the number of employees, whose jobs are ultimately controlled by equity funds, and Community employment law (in particular, Directive 2001/23/EC) was formulated when this was not so,deleted
2008/05/19
Committee: ECON
Amendment 62 #

2007/2238(INI)

Motion for a resolution
Recital N
N. whereas in the event of extreme debt loads, private equity leveraged buy-outs can affect the viability of the target companies,
2008/05/19
Committee: ECON
Amendment 70 #

2007/2238(INI)

Motion for a resolution
Recital O
O. whereas there are many conflicts of interest either arising from the business model of private equity or hedge funds or from the relationships between those vehicles and other actors in financial markets,deleted
2008/05/19
Committee: ECON
Amendment 79 #

2007/2238(INI)

Motion for a resolution
Recital P
P. whereas whilst there is no evidence that those vehicles caused the current financial crisis, they have been involved in the business of non-regulated and highly complex structured products; whereas not being adequately capitalised and thus volatile to turbulences, those vehicles enhanced the crisis,
2008/05/19
Committee: ECON
Amendment 88 #

2007/2238(INI)

Motion for a resolution
Recital Q
Q. whereas in order to minimise the risk of future financial crises and given the strong interactions across markets and between market participants and given the objective of a level playing field across borders and between regulated and unregulated market participants, the EU needs better, and more coherent and harmonised regulation across the board,
2008/05/19
Committee: ECON
Amendment 105 #

2007/2238(INI)

Motion for a resolution
Paragraph 1
1. RequestAsks the Commission to submit to Parliament by 30 November 2008, on the basis of Article 44, Article 47(2), or Article 95 of the EC Treaty, a legislative proposal or proposals onexamine whether any further EU legislation specific to hedge funds, and /or private equity and other relevant actors, followis required and to report to the Parliament ing the detailed recommendations below;is regard not later than 30th November 2008.
2008/05/19
Committee: ECON
Amendment 117 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 1
1. Recommendation 1 on Financial Stability and Better Functioning Financial Markets Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Capital requirements Investment firms, insurance companies, credit institutions, conventional funds (such as UCITS and pension funds/IORPs) have to comply with capital requirements. Whatever the legal structure of hedge fund and private equity vehicles, including limited partnerships, the Commission should ensure that an appropriate capital requirement is introduced at the level of the entity that controls the investment of the fund or funds concerned (i.e. management firm), covering all funds regardless of their place of registration. (b) EU public credit rating agency The Commission should establish an EU Public Credit Rating Agency in order to foster competition and improve transparency in that sector. The Commission should also, in its revision of the Directive 2006/48/EC, introduce a provision that, where a credit assessment of an External Credit Assessment Institution (ECAI) is required for the calculation of a credit institution's risk- weighted exposure, the credit assessment of the EU Public Credit Rating Agency will also be required. (c) Liquidity The Commission should introduce risk-weighted capital adequacy requirements in respect of liquidity risk in its revision of the Directive 2006/48/EC. (d) Valuation The Commission should propose precise rules on the valuation of illiquid financial instruments in order better to protect investors and the stability of financial markets. (e) Prime brokers The capital requirement of any institution providing prime brokerage services should be increased in line with the complexity and opacity of the structure or nature of the exposures, to which their dealings with hedge funds and private equity expose them. In particular, the provisions of Directives 2006/48/EC and 2006/49/EC should be amended to achieve that result. (f) Venture capital The Commission should implement, without delay, the policy proposals set out in its communication on Removing obstacles to cross-border investments by venture capital funds, including proposing legislation to provide a harmonised EU- wide framework for venture capital and so to ensure cross-border access to such capital for the SME sector in line with the Lisbon Agenda. (g) EU supervisory authority The Commission should establish a European supervisor covering all financial services sectors: capital markets, securities, insurance and banking sectors. It should further be established whether there should be two such European supervisors: one for prudential regulation and another for conduct of business regulation.deleted
2008/05/19
Committee: ECON
Amendment 136 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 1 – point d
(d) Valuation The Commission should propose precise rules on the valuation of illiquid financial instruments in order better to protect investors and the stability of financial markets.deleted
2008/05/19
Committee: ECON
Amendment 153 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 2
2. Recommendation 2 on Transparency Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Registration and authorisation of management companies and funds' managers The Commission should establish an EU framework for the registration and authorisation of entities that control the investment of hedge funds or private equity (i.e. management firms), which should function on a single entry point basis: once authorised, the entities concerned should have access to undertake business throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure that management firms disclose the following: - the name and domicile of funds they control, - the identity of managers, - corporate earnings and bonuses, - remuneration of directors, senior executives and other staff with investment responsibilities, and - relationships with prime brokers. That information should be set out in a uniform format (also to facilitate the proposal for a database below). (b) Notification (i.e. approval) of wholesale investment vehicles In order to encourage funds to be located onshore in the EU, the Commission should propose a separate directive along the lines of the EU-wide private placement regime, currently under discussion, to apply to the marketing and distribution in the EU of hedge funds and private equity funds. Such a regime should function on a single entry point basis: once authorised, it should be possible to offer those wholesale investment vehicles to professional, institutional investors throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure the investment vehicle discloses the following: - general investment strategy and immediate information on any changes thereto, - leverage/debt exposure, - overall fees as well as breakdown of fees (including any stock options awarded to employees), - source and amount of funds raised, - past performance, - risk-management system and portfolio valuation methods, - information on the administrator of the fund, and - share of the fund contributed by the management company and its staff. That information should be set out in a uniform format (also to facilitate the database proposal below). (c) Database The Commission should, with the help of Level 3 Committees, establish an EU-wide registration/authorisation database recording the information on both management firms and investment vehicles as specified above. The supervisory authorities of all Member States should have unlimited access. Relevant categories of the database should be public. (d) Investors The Commission and supervisory authorities should ensure that investors in those vehicles receive not only sufficient but also relevant and comparable information (e.g. the simplified prospectus/fact sheet for UCITS). (e) Private equity and protection of employees The Commission should propose amendments to Directive 2001/23/EC so that the same protections afforded employees by that Directive, including the right to be informed and consulted, apply whenever control of the undertaking or business concerned is transferred by means of a private equity transaction.deleted
2008/05/19
Committee: ECON
Amendment 177 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 2 – point e
(e) Private equity and protection of employees The Commission should propose amendments to Directive 2001/23/EC so that the same protections afforded employees by that Directive, including the right to be informed and consulted, apply whenever control of the undertaking or business concerned is transferred by means of a private equity transaction.deleted
2008/05/19
Committee: ECON
Amendment 182 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 3
3. Recommendation 3 on Excessive Debt Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Limits on leverage for private equity The Commission should amend Directive 77/91/EEC on capital to introduce rules to specify the appropriate level of debt at any given time in relation to the target company bearing in mind the legitimate rights of important stakeholders (including employees); in conjunction with such level, the Commission should request the Member States to introduce taxation consequences for private equity funds in cases of excessive debt; such taxation consequences could include eliminating or reducing the tax deductibility of interest payments on the debt concerned in line with best practices in Member States. (b) Capital depletion The Commission should amend Directive 77/91/EEC on capital to set minimum capital levels for the target company by reference to the long-term interests of the target company. The Commission should also, without delay, propose rules to harmonise requirements for directors of the target company (i.e. management and supervisory board members), to certify that capital outflow (including any fees paid) is in the best long-term interests of the target company, including its long- term growth and R&D needs. In particular, EU corporate governance requirements, such as the provisions of the Directive 1978/660/EEC, might be amended to achieve that result. (c) Limits on leverage for hedge funds The Commission should devise the upper limit in the debt of hedge funds in relation to preserving the stability of the EU financial system. (d) EU Registration for structured products The Commission should establish a public register of structured products in the EU.deleted
2008/05/19
Committee: ECON
Amendment 199 #

2007/2238(INI)

Motion for a resolution
Annex – recommendation 4
4. Recommendation 4 on Conflicts of Interest Measures The European Parliament considers that the legislative act to be adopted should aim to regulate: (a) Investment banks (prime brokers) - hedge funds and private equity The Commission should assess whether the strengthening of capital requirements for prime brokers (Recommendation 1) deals appropriately with the inherent conflicts of interest between: - the prime brokers and hedge funds, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via trading services), and - investment banks and private equity, where the former's credit (lending) decisions are often contaminated by the prospect of earning fees from latter (via deal related services). (b) The Commission should also introduce rules to ensure effective Chinese walls between services that investment firms provide for their clients (such as prime brokerage) and all their other business units (including asset management services, proprietary trading etc). - Private equity The Commission should formulate rules by which to deal with the conflicts of interest between the private equity partners and the management of the target company (and any others who stand to gain from the deal). Those rules should include a requirement of public disclosure of any fees or other incentives received by directors (i.e. management board and supervisory board members) or employees of the target company. - Credit Rating Agencies (CRAs) The Commission should formulate rules by which to deal with the conflicts of interest inherent in their current business models, and arising from the interplay among actors in today's financial markets. - Market access and concentration: the Directorate General for Competition of the Commission should launch an inquiry into market concentration in the following financial services industry sectors: hedge funds, private equity, investment banks (with focus on prime brokerage services) and CRAs.deleted
2008/05/19
Committee: ECON
Amendment 1 #

2007/2201(INI)

Motion for a resolution
Citation 5
- having regard to the recent decision on Mastercard's intra-EEA multilateral interchanges fees (COMP 34/579 MasterCard),
2008/03/26
Committee: ECON
Amendment 7 #

2007/2201(INI)

Motion for a resolution
Recital F
F. Considering the need to balance a high degree of consumer protection and a proper functioning of the single market,
2008/03/26
Committee: ECON
Amendment 13 #

2007/2201(INI)

Motion for a resolution
Paragraph 3
3. Recalls that competition policy is a powerful tool for completing the internal market but that aiming for more competition should not lead to weakened risk management in the banking sector and endanger the stability of a particularly crucial and strategic sector of the world economy; emphasises that market and consumer confidence isare both essential for thea further development of financial services;
2008/03/26
Committee: ECON
Amendment 21 #

2007/2201(INI)

Motion for a resolution
Paragraph 4
4. Requests the Commission to work omonitor Member States progress in facilitating customers' mobility in order for consumers to have the choicbe more easily able to change operator, thus reinforcing a healthy competition between operators; wants to see the continuity of service to be ensured even when closing a current account or changing providers and to avoid any duplication of services;
2008/03/26
Committee: ECON
Amendment 25 #

2007/2201(INI)

Motion for a resolution
Paragraph 5
5. Recommends low or non-existent closing costs in order to encourage mobility and competition; invites the EU banking industry to develop and requests the Commission to definmonitor and disseminate best practice on swift and efficient procedures for account switching, taking into account both the duration of the procedure and the costs associated withto it; is of the opinion that to switch current accounts should not cause any harmbring any damages to customers; is against any unon-necessary contractual links impeding customers' mobility;
2008/03/26
Committee: ECON
Amendment 37 #

2007/2201(INI)

Motion for a resolution
Paragraph 7
7. Requests the Commission to work on enforctake into account existing national self-regulatory provisions when considering obligations for banks to provide consumers, before they open an account, with a single document summarising details of all costs, including closing costs;
2008/03/26
Committee: ECON
Amendment 42 #

2007/2201(INI)

Motion for a resolution
Paragraph 8
8. Recommends the creation of a single European prospectus for providers to describe their basic products, related costs and conditions in order to allow an easy and transparent comparison that tied products do not allow at the moment; recommends the setting up of an independent EuropeWelcomes the Commission’s study of the regulatory landscape for retail investment products and trusts that this will lead to better disclosure of costs, risks and controller to guarantee the quality of the information provided as well as a Europe-wide research engine to allow easy and freeditions and thereby provide useful cross-border comparisons;
2008/03/26
Committee: ECON
Amendment 55 #

2007/2201(INI)

Motion for a resolution
Paragraph 10
10. Calls onWelcomes the Commission to intensify its work on credit intermediaries in order to ensure consumer protection and avoid mis-selling practices which are particularly damaging to more vulnerable populations's recent intention to publish a study analysing the EU credit intermediation market, review the regulatory framework and examine possible consumer detriments, and only thereafter to consider whether a European legal framework is appropriate;
2008/03/26
Committee: ECON
Amendment 62 #

2007/2201(INI)

Motion for a resolution
Paragraph 11
11. Requests the Commission to clarify and harmonise the rights and liabilities of intermediaries, since problems often arise in the sale, administration and enforcement in the selling of financial services agreements; requests the Commission to distinguish clearly between information, which has to be clear, concise, readable and cost-free, and the provision of advisory services;
2008/03/26
Committee: ECON
Amendment 80 #

2007/2201(INI)

Motion for a resolution
Paragraph 14
14. Notes that the Commission has repeatedly qualifiedquestioned the legitimacy of multilateral interchange fees as anti-competitive and consequently requested the industry to abolish themcurrently operated in the European Union and has recently issued a negative decision; is of the opinion that the Commission should provide stakeholders with clear indications, guidelines and transparency requirements that could enable the industry to ensure a fair and transparent calculation methods, compatible with EC competition law;
2008/03/26
Committee: ECON
Amendment 85 #

2007/2201(INI)

Motion for a resolution
Paragraph 15
15. Believes in a strong need for better clarification concerning the methodology and rules for the management of multilaterally agreed interchange fees for ATMs and non-card payments; recalls that the SEPA direct debit scheme and the SEPA credit transfer scheme are two sided networks creating economic benefits thanks to network effects; asks the Commission to providmonitor that there are balancing mechanism in order tos which distribute more evenly the costs and benefits of network membership; suggests to the Commission to define and communicate to all stakeholders the methodology to be used to calculate all multilaterally agreed interchange fees in order to and methodologies which ensure a real level playing field and the enforcementobservance of all competition rules;
2008/03/26
Committee: ECON
Amendment 19 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2e – paragraph 1
1. After consulting the Agency, the Commission may invite the European Network of Transmission System Operators for Electricity, within a reasonable period of time, to prepare codes in the areas listed in Article 2c(3) where it considers that such codes are necessary for the efficient functioning of the marketOn advice of the Agency, which will have consulted relevant stakeholders, the Commission shall draw up strategic guidelines for the European Network of Transmission System Operators for Electricity covering the issues listed in Article 2c(1)(c) and Article 2c(3), from which the European Network of Transmission System Operators for Electricity will prepare codes in the areas listed in Article 2c(1)(c) and Article 2c(3).
2008/03/11
Committee: ECON
Amendment 20 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2e – paragraph 1 a (new)
(1a) The European Network of Transmission System Operators for Electricity shall develop the detailed codes pursuant to paragraph 1, and submit these for approval to the Agency.
2008/03/11
Committee: ECON
Amendment 21 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2e – paragraph 1 b (new)
(1b) The Agency shall verify that the codes submitted by the European Network of Transmission System Operators for Electricity are in line with the strategic guidelines set out in paragraph 1.
2008/03/11
Committee: ECON
Amendment 22 #

2007/0198(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2e – paragraph 3 a (new)
(3a) The Agency shall monitor the implementation of such codes by the European Network of Transmission System Operators for Electricity and report any contravention to the Commission, which shall take the necessary action to ensure correct implementation.
2008/03/11
Committee: ECON
Amendment 5 #

2007/0192(CNS)

Proposal for a regulation – amending act
Recital 2
(2) It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check the authenticity and fitness for circulation of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity and fitness for circulation, and to implement those procedures, these institutions need time to adapt their internal functioning.
2008/04/15
Committee: ECON
Amendment 6 #

2007/0192(CNS)

Proposal for a regulation – amending act
Recital 2 a (new)
(2a) In order to ensure that credit institutions and other related institutions are able to comply with the obligation to check euro notes and coins for authenticity and fitness for circulation, technical procedures and standards for such checking should be defined. Article 106(1) of the Treaty assigns competence to define such standards for euro notes to the European Central Bank. With regard to euro coins, the Commission has been conferred related competences on the basis of Article 211 of the Treaty.
2008/04/15
Committee: ECON
Amendment 7 #

2007/0192(CNS)

Proposal for a regulation – amending act
Article 1 – paragraph 3 – point a
Regulation (EC) No 1338/2001
Article 6 – paragraph 1
1. Credit institutions, and any other institutioneconomic agents engaged in the sorting and distribution to the public of notes and coins as a professional activity, including: - establishments whose professional activity consists in exchanging notes and coins of different currencies, such as bureaux de change, and - economic agents engaged, as a subsidiary activity, in the sorting and distribution of notes to the public by means of automated teller machines, shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity and fitness for circulation and counterfeits are detected. This verification of authenticity and fitness for circulation shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively. The institution, in accordance with those institutions' respective competences and taking into account the particularities of euro notes and coins. The credit institutions and other economic agents referred to in the first subparagraph shall be obliged to withdraw from circulation all euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.
2008/04/15
Committee: ECON
Amendment 8 #

2007/0192(CNS)

Proposal for a regulation – amending act
Article 1 – paragraph 3– point b
Regulation (EC) No 1338/2001
Article 6 – paragraph 3
By way of derogation from the first subparagraph of this paragraph 3, the laws, regulations and administrative provisions for applying the procedures mentioned in the first subparagraph of paragraph 1 of this Article shall be adopted by 31 December 2009 at the latin accordance with the deadlines laid down in such procedurest. They Member States shall forthwith inform the Commission and the European Central Bank thereof.
2008/04/15
Committee: ECON
Amendment 9 #

2007/0192(CNS)

Proposal for a regulation – amending act
Article 2 – paragraph 1 a (new)
The procedures referred to in Article 6(1) of Regulation (EC) No 1338/2001 shall have effect in the participating Member States as stipulated in the second subparagraph of Article 6(3) thereof.
2008/04/15
Committee: ECON
Amendment 73 #

2007/0143(COD)

Proposal for a directive
Recital 10
(10) The protection of policyholders presupposes that insurance and reinsurance undertakings are subject to effective solvency requirements. In light of market developments the current system is no longer adequate. It is therefore necessary to introduce a new regulatory framework which optimises the efficiency of capital in the European Union with proper policyholder safeguards.
2008/06/30
Committee: ECON
Amendment 86 #

2007/0143(COD)

Proposal for a directive
Recital 29 a (new)
(29a) It is the practice in some Member States that insurance companies sell life insurance products in relation to which the policy holders and beneficiaries contribute to the risk capital of the company in exchange for all or part of the return on the contributions. Those accumulated profits constitute surplus funds. In line with the requirements on own funds, surplus funds should be subject to the criteria laid down in the Directive on the classification into tiers. This means, inter alia, that, insofar as they meet the requirements for classification into tier 1, surplus funds should be considered as tier 1 capital.
2008/06/30
Committee: ECON
Amendment 106 #

2007/0143(COD)

Proposal for a directive
Recital 65 a (new)
(65a) The consolidated Solvency Capital Requirement for a group should take into account the global diversification of risks that exists across all the insurance entities in the group so as to reflect properly the group’s risk exposures.
2008/06/30
Committee: ECON
Amendment 107 #

2007/0143(COD)

Proposal for a directive
Recital 69 a (new)
(69a) Lead supervisors must operate without discrimination at a Community level. In particular, with regard to the settling of claims and winding-up situations where group support arrangements have been in place, assets should be distributed on an equitable basis to all relevant policy holders, regardless of nationality or domicile.
2008/06/30
Committee: ECON
Amendment 265 #

2007/0143(COD)

Proposal for a directive
Article 90 – paragraph -1 (new)
Surplus funds shall be deemed to be accumulated profits, which are assigned either individually or collectively to policy holders and beneficiaries in the form of future discretionary bonuses.
2008/06/30
Committee: ECON
Amendment 277 #

2007/0143(COD)

Proposal for a directive
Article 90– paragraph 1
In so far as authorised under national law, realised profits appearing as surplus funds in the statutory annual accountSurplus funds shall not be considered as insurance and reinsurance liabilities, to the extent that these surplus funds may be used to cover any losses which may arise and where they have not been made available for distribution to policyholdery possess the characteristics required for basic own fund items aund beneficiarieser Article 94(1).
2008/06/30
Committee: ECON
Amendment 282 #

2007/0143(COD)

Proposal for a directive
Article 90 – paragraph 1 a (new)
In so far as authorised under national law and to the extent that they fulfil the criteria as set out in Article 94(1), surplus funds that have not been made available for distribution to policyholders and beneficiaries shall be considered as Tier 1 capital.
2008/06/30
Committee: ECON
Amendment 322 #

2007/0143(COD)

Proposal for a directive
Article 98 – paragraph 1 – point a
(a) in order to ensure that the proportion of Tier 1 items in the eligible own funds is higher than one third of the total eligible own funds, the eligible amount of Tier 2 together with the eligible amount of Tier 3 shall be limited to twice the total amount of Tier 1 items;; and
2008/06/30
Committee: ECON
Amendment 327 #

2007/0143(COD)

Proposal for a directive
Article 98 – paragraph 1 – point b
(b) in order to ensure that the proportion of Tier 3 items in the eligible own funds is less than one third of the total eligible own funds, the eligible amount of Tier 3 shall be limited to half the total amount of Tier 1 and eligible amount of Tier 2 items.
2008/06/30
Committee: ECON
Amendment 332 #

2007/0143(COD)

Proposal for a directive
Article 98 – paragraph 2
2. As far as the Minimum Capital Requirement is concerned, in order to ensure that the proportion of Tier 1 items in the eligible basic own funds shall be higher than one half of the totalthe eligible basic own funds, the amount of basic own fund items eligible to cover the Minimum Capital Requirement which are classified in Tier 2 shall be limited to the total amount of Tier 1 items which are classified in Tier 2.
2008/06/30
Committee: ECON
Amendment 334 #

2007/0143(COD)

Proposal for a directive
Article 98 – paragraph 2 a (new)
2a. Tier 1 items shall always be eligible to cover the Minimum Capital Requirement.
2008/06/30
Committee: ECON
Amendment 515 #

2007/0143(COD)

Proposal for a directive
Article 225 – paragraph 1 – subparagraph 1
1. When calculating, in accordance with Article 231, the group solvency of an insurance or reinsurance undertaking which is a participating undertaking in a third-country insurance or reinsurance undertaking, the latter shall be treated solely for the purposes of the calculation as a related insurance or reinsurance undertaking.
2008/06/30
Committee: ECON
Amendment 809 #

2007/0143(COD)

Proposal for a directive
Article 284 – paragraph 2
2. The claims of all creditors referred to in paragraph 1 shall be treated in the same way and given the same ranking as claims of an equivalent nature which may be lodged by creditors who have their habitual residence, domicile or head office in the home Member State. Lead supervisors must therefore operate without discrimination at a Community level. In particular, with regards to the settling of claims and winding-up situations where group support arrangements have been in place, assets should be distributed on an equitable basis to all relevant policy holders regardless of nationality or domicile.
2008/06/30
Committee: ECON