4 Amendments of Sven GIEGOLD related to 2014/0807(CNS)
Amendment 18 #
Draft regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 2532/98
Article 1 a – paragraph 3
Article 1 a – paragraph 3
3. The ECB mayshall publish any decision imposing on an undertaking administrative pecuniary penalties for breaches of directly applicable Union law and sanctions for breaches of ECB regulations or decisions, both in the supervisory and non- supervisory fields, whether such decision has been appealed or not. The ECB shall carry out such publication in accordance withthe cases and in accordance with the conditions set out in relevant Union law, irrespective of any national law or regulation and, where relevant Union law is composed of Directives, of any national legislation transposing those Directives.
Amendment 21 #
Draft regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2532/98
Article 4a – paragraph 1 – point b
Article 4a – paragraph 1 – point b
(b) Periodic penalty payments: the upper limit shall be 52 % of the average daily turnoverlimit in point (a) per day of infringement. Periodic penalty payments may be imposed in respect of a maximum period of six months from the date stipulated in the decision imposing the periodic penalty payment.
Amendment 22 #
Draft regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2532/98
Article 4a – paragraph 2
Article 4a – paragraph 2
2. For the purpose of paragraph 1: (a) “annual turnover’ means the annual turnover of a legal person, as defined in relevant Union law, according to the most recently available annual financial accounts of such person. Where the undertaking is a subsidiary of a parent undertaking, the relevant total annual turnover shall be the total annual turnover resulting from the most recently available consolidated annual financial accounts of the ultimate parent undertaking in the group supervised by the ECB; (b) ”average daily turnover’ means the annual turnover, as defined under (a), divided by 365.
Amendment 23 #
Draft regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2532/98
Article 4c - Paragraph 1
Article 4c - Paragraph 1
1. By way of derogation from Article 4, the right to take a decision to impose an administrative penalty, with regard to infringements relating to relevant directly applicable acts of Union law as well as to decisions and regulations adopted by the ECB in the exercise of its supervisory tasks, shall expire fithree years after the existence of the alleged infringement first became known to the ECB and, in any case, seven years after the infringement occurred or, in the case of a continued infringement, fiseven years after the infringement ceased.