BETA

25 Amendments of Leonardo DOMENICI related to 2009/0142(COD)

Amendment 195 #
Proposal for a regulation
Recital 14
(14) There is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure, also through a single rulebook, a level playing field and an adequate protection of depositors, investors and consumers across Europe. As a body with highly specialised expertise, it is efficient and appropriate to entrust the Authority, in areas defined by Community law, with the elaboration of draft technical standards, which do not involve policy choices. The Commission should endorse those draft technical standards in accordance with Community law in order to give them binding legal effect. The draft technical standards have to be adopted by the Commission. They wshould not be subject to amendment if, for example,by the Commission. The Commission should reject the draft technical standards only if they were incompatible with CommunityEuropean Union Law, would not respect the principle of proportionality or would run counter to the fundamental principles of the internal market for financial services as reflected in the acquis of CommunityEuropean Union financial services legislation. To ensure a smooth and expedited adoption process for those standards, the Commission should be subject to a time limit for its decision on the endorsement.
2010/03/26
Committee: ECON
Amendment 212 #
Proposal for a regulation
Recital 21
(21) Serious threats to the orderly functioning and integrity of financial markets or the stability of the financial system in the Community require a swift and concerted response at Community level. The Authority should therefore be able to require national supervisory authorities to take specific actions to remedy an emergency situation. As the determination of an emergency situation involves a significant degree of discretion, this power should be conferred on the CommissThe European Systemic Risk Board should establish when there is an emergency situation. To ensure an effective response to the emergency situation, in the event of inaction by the competent national supervisory authorities, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of Community law directly applicable to them aimed at mitigating the effects of the crisis and restoring confidence in the markets.
2010/03/26
Committee: ECON
Amendment 219 #
Proposal for a regulation
Recital 22
(22) In order to ensure efficient and effective supervision and a balanced consideration of the positions of the competent authorities in different Member States, the Authority should be able to settle disagreements between those competent authorities with binding effect, including within colleges of supervisors. A conciliation phase should be provided for, during which the competent authorities may reach an agreement. The Authority’s competence should cover disagreements on procedural obligations in the cooperation process as well as on the interpretation and application of CommunityEuropean Union law in supervisory decisions. Existing conciliation mechanisms provided for in sectoral legislation have to be respected. In the event of inaction by the national supervisory authorities concerned, the Authority should be empowered to adopt, as a last resort, decisions directly addressed to financial institutions in areas of CommunityEuropean Union law directly applicable to them. This also applies to disagreements within a college of supervisors.
2010/03/26
Committee: ECON
Amendment 256 #
Proposal for a regulation
Recital 34 a (new)
(34a) Within three years from the entry into force of that Regulation, clear and sound guidance on when the safeguard clause may and may not be triggered by Member States shall be laid down at EU level by the Commission on the basis of the experience acquired. The use of the safeguard clause shall then be assessed against that guidance.
2010/03/26
Committee: ECON
Amendment 366 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Before submitting them to the Commission, the Authority shall, where appropriate, conduct open public consultations on technical standards and analyse the potential related costs and benefits.
2010/03/26
Committee: ECON
Amendment 374 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Where the Commission doeintends not to endorse the standards or endorses them in part or with amendments, it shall inform the Authority of its reasons, it shall send the draft standards back to the Authority explaining in writing the reasons why they are in conflict with the European Union public interest, would not respect the principle of proportionality or hamper the integration of the European single market.
2010/03/26
Committee: ECON
Amendment 383 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4 a (new)
Within a period of 6 weeks, the Authority shall amend the draft standards duly taking into account the Commission’s concerns.
2010/03/26
Committee: ECON
Amendment 414 #
Proposal for a regulation
Article 9 – paragraph 1
1. Where a competent authority has not correctly applied the legislation referred to in Article 1(2), including the technical standards adopted in accordance with Article 7, in particular by failing to ensure that a financial institution satisfies the requirements laid down in that legislation, the Authority shall have the powers set out in paragraphs 2, 3 and 6 of this Article.
2010/04/15
Committee: ECON
Amendment 421 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
4. Where the competent authority has not complied with Community law within one monthten working days from receipt of the Authority's recommendation, the Commission may, after having been informed by the Authority or on its own initiative,Authority shall take a decision requirsetting the competent authority to take the action necessary to comply with Community lawrrect application of the legislation put under investigation by the Authority.
2010/04/15
Committee: ECON
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
The CommissionAuthority shall take such a decision no later than threone months from the adoption of the recommendation. The Commission may extend this period by one month.
2010/04/15
Committee: ECON
Amendment 425 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
The CommissionAuthority shall ensure that the right to be heard of the addressees of the decision is respected.
2010/04/15
Committee: ECON
Amendment 426 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 4
The Authority and the competent authorities shall provide the CommissionAuthority with all necessary information.
2010/04/15
Committee: ECON
Amendment 428 #
Proposal for a regulation
Article 9 – paragraph 5
5. The competent authority shall, within ten working days of receipt of the decision referred to in paragraph 4, inform the Commission and the Authority of the steps it has taken or intends to take to implement the CommissionAuthority's decision.
2010/04/15
Committee: ECON
Amendment 433 #
Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 1
6. Without prejudice to the powers of the Commission under Article 22658 of the Treaty, where a competent authority does not comply with the decision referred to in paragraph 4 of this Article within the period of time specified therein, and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the market or ensure the orderly functioning and integrity of the financial system, the Authority may, where the relevant requirements ofshall, pursuant to the legislation referred to in Article 1(2) are directly applicable to financial institutions, adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under Community law including the cessation of any practice.
2010/04/15
Committee: ECON
Amendment 436 #
Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2
The decision of the Authority shall be in conformity with the decision adopted by the Commission pursuant to paragraph 4.
2010/04/15
Committee: ECON
Amendment 438 #
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 1 a (new)
Decisions adopted under paragraph 6 are applicable, if the case be, to all relevant financial institutions which are active in the non-complying jurisdiction.
2010/04/15
Committee: ECON
Amendment 441 #
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 2
Any action by the competent authoritiesWhen taking action in relation to factissues which are subject to a decision pursuant to paragraph 4 or 6 competent authorities shall be compatiblely with thosesuch decisions.
2010/04/15
Committee: ECON
Amendment 450 #
Proposal for a regulation
Article 10 – paragraph 1
1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Community, the CommissionESRB, upon its own initiative or following a request by the Authority, the Council, or the ESRB, may adopt a decision addressed to the Authority, determinuropean Parliament, or the Commission, may issue a warning declaring the existence of an emergency situation for the purposes of this regulation. This warning will enable the Authority without further requirements to adopt the individual decisions referred to in paragraph 3.
2010/04/15
Committee: ECON
Amendment 465 #
Proposal for a regulation
Article 10 – paragraph 2
2. Where the Commission has adopted a decision pursuant to paragraph 1ESRB takes the view that co- ordinated action by national authorities is necessary to respond to adverse developments which may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system, the Authority mayshall adopt individual decisions requiring competent authorities to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial systemsuch developments by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation.
2010/04/15
Committee: ECON
Amendment 478 #
Proposal for a regulation
Article 10 – paragraph 3
3. Without prejudice to the powers of the Commission under Article 22658 of the Treaty, where a competent authority does not comply with the decision of the Authority referred to in paragraph 2 within the period laid down therein, the Authority may, where the relevant requirements laid down in the legislation referred to in Article 1(2) are directly applicable to financial institutionsshall, pursuant to the legislation referred to in Article 1(2), adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under that legislation, including the cessation of any practice.
2010/04/15
Committee: ECON
Amendment 481 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 2 or 3 shall be compatibleliant with those decisions. Non- compliance shall be duly justified in writing by the competent authorities to the ESRB and the Authority.
2010/04/15
Committee: ECON
Amendment 494 #
Proposal for a regulation
Article 11 – paragraph 3
3. If, at the end of the conciliation phase, the competent authorities concerned have failed to reach an agreement, the Authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter, inwith binding effects for the competent authorities concerned, in order to ensure compliance with CommunityEuropean Union law.
2010/04/15
Committee: ECON
Amendment 505 #
Proposal for a regulation
Article 12 a (new)
Article 12a Supervision of financial institutions with an EU dimension 1. National authorities shall exert prudential supervision of financial institutions with an EU dimension by acting as the agent of and following the instructions given by the Authority, in order to guarantee that the same supervisory rules are applied across the European Union. 2. The Authority shall submit its draft supervisory rules to the Commission and, simultaneously, to the European Parliament and the Council. The Commission shall endorse the draft supervisory rules following the procedure set out in Article 7 or 8. 3. A decision taken by the Board of Supervisors in accordance with the procedure set out in Article 29(1) shall identify the significant financial institutions with EU dimension. The criteria for identifying such financial institutions shall take into account the criteria established by the FSB, the IMF and the BIS. 4. The Authority, in collaboration with the European Systemic Risk Board, shall develop an information template for significant institutions in order to ensure a sound management of their systemic risk. 5. To ensure the co-responsibility of financial institutions with EU dimension, to protect European depositors’ interests and to reduce the cost to tax payers of a systemic financial crisis, a European Financial Protection Fund (Fund) shall be established. The Fund will also play a role in helping the EU institutions facing difficulties when those are likely to threaten the financial stability of the European single financial market. The Fund shall be financed through contributions from those institutions. The contribution of each financial institution will be calculated according to criteria rewarding good management. Those contributions replace those made to national funds of a similar nature. 6. When the accumulated resources from the contributions made by banks are not sufficient to solve the crisis, the Fund shall have the capacity to increase its resources through debt issuance. Member States may, in exceptional circumstances, facilitate the issuance of debt by the Fund through guarantees, and in exchange of a fee reflecting appropriately the risk assumed. Those guarantees shall be shared by Member States in accordance with the criteria laid down in paragraph 7. 7. Where, under extreme, exceptional circumstances and in the context of a systemic crisis, there is a failure of one or several institutions, and the resources available are insufficient, the affected Member States will deal with this burden according to principles established in the current Memorandum of Understanding (MoU), properly amended. Burden- sharing arrangements could include one of the following criteria, or a combination thereof: the deposits of the institution; the assets (either in terms of accounting values, market values or risk-weighted values) of the institution; the revenue flows of the institution; and the share of payment system flows of the institution. 8. The membership in the Fund shall replace the membership in the existing national Deposit Guarantee Schemes for the EU institutions participating in it. The Fund shall be managed by a Board appointed by the European Supervisory Authority (Banking) for a period of five years. The members of the Board shall be elected from staff of the national authorities. The Fund shall also create a Consultative Board comprising the financial institutions participating in the Fund.
2010/04/15
Committee: ECON
Amendment 787 #
Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 1
1. Within three years from the date set out in the second paragraph of Article 67 and every three years thereafter, the Commission shall examine this Regulation, and in particular the functioning of Article 23, and publish a general report on the experience acquired as a result of the operation of the Authority and the procedures laid down in this Regulation.
2010/03/26
Committee: ECON
Amendment 793 #
Proposal for a regulation
Article 66 – paragraph 1 – subparagraph 2
That report shall also evaluate progress achieved towards regulatory and supervisory convergence in the fields of crisis management and resolution in the Community and shall submit a report to the Parliament and the Council together with any appropriate proposals to amend this Regulation. The evaluation shall be based on extensive consultation, including with the Banking Stakeholder Group.
2010/03/26
Committee: ECON