12 Amendments of Olle LUDVIGSSON related to 2014/0091(COD)
Amendment 287 #
Proposal for a directive
Recital 4
Recital 4
(4) Action is needed to further develop complementary private retirement savings such asin the form of occupational pensions. This is important since social-security systems are coming under increasing pressure, which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future, for many citizens, the occupational pension is a valuable addition to what is provided through the social-security pension system. Occupational retirement pensions should therefore be developed, without, however, calling into question the fundamental importance of social-security pension systems in terms of secure, durable and effective social protection, which should for all citizens guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the European social model.
Amendment 296 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably, the right to protection of personal data, the right to conduct a business, the right to information and consultation within the undertaking, the right of collective bargaining and action and the right to a high level of consumer protection, in particular by ensuring a higher level of transparency of retirement provisioning, informed personal financial and retirement planning as well as facilitating cross-border business of institutions for occupational retirement provision and businesses. This Directive must be implemented in accordance with these rights and principles.
Amendment 342 #
Proposal for a directive
Recital 20
Recital 20
(20) Institutions for occupational retirement provision are financial service providers whichactors with a social set-up and purpose which operate in the area of financial services. These institutions bear a heavy responsibility for the provision of occupational retirement benefits and should therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation.
Amendment 389 #
Proposal for a directive
Recital 37
Recital 37
(37) Remuneration policies which encourage excessive risk-taking behaviour can undermine sound and effective risk management of institutions. Principles and disclosure requirements for remuneration policies applicable to other types of financial institutions in the Union should be made applicable also to institutions, bearing in mind, however, the particular governance structure of institutions in comparison to other types of financial institutions and the need to take account of the size, nature, scope and complexity of the activities of institutions. The provisions on remuneration should be without prejudice to the rights, where applicable, of the social partners to conclude and enforce collective agreements, in accordance with national law and customs.
Amendment 392 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) An active role of social partners in the management of the institutions is key to ensuring that the institutions act in a responsive and responsible way. The provisions on governance in this Directive should therefore be without prejudice to rules and practices aimed at guaranteeing or facilitating such a role, such as national legislation on the representation of employees in the management or supervisory body.
Amendment 395 #
Proposal for a directive
Recital 39
Recital 39
(39) All persons that perform key functions should be fit and proper. However, only the key function holders should be subject to notification requirements to the competent authority. Where at least one of the persons performing key functions is a representative of the social partners, it should be possible for the institution to fulfil the fit and proper requirements in a collective assessment involving all, or a relevant subgroup of, the persons performing key functions.
Amendment 558 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Where at least one of the persons having key functions is a representative of the social partners, Member States shall ensure that the institution can fulfil the requirements laid down in paragraph 1 by means of a fit and proper assessment where all, or a relevant subgroup of, the persons having key functions are evaluated on a collective basis.
Amendment 571 #
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The provisions on remuneration in this Article are without prejudice to the rights, where applicable, of the social partners to conclude and enforce collective agreements, in accordance with national law and customs.
Amendment 581 #
Proposal for a directive
Article 25 – paragraph 6 – point a
Article 25 – paragraph 6 – point a
(a) when the person or organisational unit carrying out the key function has detected a risk that the institution is unlikely to comply with a materially significant statutory requirement and reported it to the administrative, management or supervisory body of the institution;
Amendment 582 #
Proposal for a directive
Article 25 – paragraph 6 – point b
Article 25 – paragraph 6 – point b
(b) when the person or organisational unit carrying out the key function has observed a materially significant breach of the legislation or regulations applicable to the institution and its activities in the context of the key function of that person or organisational unit and reported it to the administrative, management or supervisory body of the institution.
Amendment 584 #
Proposal for a directive
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. With regard to employees in functions other than those referred to in paragraphs 4 to 7, Member States shall ensure that competent authorities establish effective, reliable and confidential mechanisms to encourage reporting of potential or actual breaches of national provisions transposing this Directive to them. These mechanisms shall include appropriate protection for employees at least against retaliation, discrimination or other types of unfair treatment.
Amendment 585 #
Proposal for a directive
Article 25 – paragraph 7 b (new)
Article 25 – paragraph 7 b (new)
7b. Member States shall require institutions to have in place appropriate procedures for the employees referred to in paragraph 7a to report breaches internally through a specific, independent, autonomous and confidential channel. Such a channel may also be provided through arrangements provided for by social partners. The same protection as referred to in paragraph 7a shall apply.