3 Amendments of Rui TAVARES related to 2012/0169(COD)
Amendment 17 #
Proposal for a regulation
Recital 24
Recital 24
(24) In line with the Commission Communication of December 2010 on reinforcing sanctioning regimes in the financial sector and in order to ensure that the requirements set out in this Regulation are fulfilled, it is important that Member States take necessary steps to ensure that breaches of this Regulation are subject to appropriate administrative sanctions and measures. In order to ensure that sanctions have a dissuasive effect and to strengthen investors' protection by warning them about investment products marketed in breach of this Regulation, sanctions and measures should normally be published, except in certain well defined circumstances. The adoption and publication of sanctions should respect fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, in particular the respect of personal data and the right to an effective remedy and to a fair trial. It should also comply with the principles of individual guilt, legal certainty, non- retroactivity, ne bis in idem as well as the presumption of innocence.
Amendment 46 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In the exercise of their powers in Article 19, competent authorities shall cooperate closely to ensure that the administrative measures and sanctions produce the desired results of this Regulation and coordinate their action in order to avoid possible duplication and overlap when applying administrative measures and sanctions to cross border cases, with full respect for the principle of ne bis in idem.
Amendment 47 #
Proposal for a regulation
Article 20 – subparagraph 1 – point e
Article 20 – subparagraph 1 – point e
(e) any previous breaches of the substantive obligations under this regulation by the responsible person.