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3 Amendments of Liem HOANG NGOC related to 2011/0361(COD)

Amendment 163 #
Proposal for a regulation
Recital 25
(25) Credit rating agencies should only be held liable if they infringe intentionally or with gross negligence any obligations imposed on them by Regulation (EC) No 1060/2009. This standard of fault means that credit rating agencies should not face liability claims if they neglect individual obligations under the Regulation without disregarding their duties in a serious way. This standard of fault is appropriate because the activity of credit rating involves a certain degree of assessment of complex economic factors and the application of different methodologies may lead to different rating results, none of which can be qualified as incorrect.
2012/04/17
Committee: ECON
Amendment 195 #
Proposal for a regulation
Recital 32 a (new)
(32a) The role of the rating agencies is to provide a financial analysis and an assessment of creditworthiness. Under no circumstances does it involve judging the economic policies of a government or making recommendations in this area. Any rating agency thus exceeding its brief should, as an initial step, be given a public warning by the ESMA, and, in case of repeated interference, be liable to a penalty which may even include the withdrawal of its licence.
2012/04/17
Committee: ECON
Amendment 345 #
Proposal for a regulation
Article 1 – point 19 b (new)
Regulation (EC) No 1060/2009
Article 24 a (new)
19b. The following article is added after Article 24: ‘Article 24a Penalties for rating agencies exceeding their remit Where the ESFS establishes that a rating agency has exceeded its remit by issuing a judgment regarding the economic policies of a government and/or recommendations in this respect it shall take one or more of the following decisions, depending on the gravity and frequency of the offence: (a) public announcement; (b) temporary ban on the credit rating agency from issuing credit ratings throughout the Union; (c) fine imposed on rating agency pursuant to Article 36a; (d) removal of credit rating agency from register.’
2012/04/17
Committee: ECON