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Activities of Ashley FOX related to 2009/0142(COD)

Shadow opinions (1)

OPINION Proposal for a Regulation of the European Parliament and of the Council establishing a European Banking Authority
2016/11/22
Committee: AFCO
Dossiers: 2009/0142(COD)
Documents: PDF(326 KB) DOC(779 KB)

Amendments (20)

Amendment 130 #
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 Commissionuncil, upon its own initiative or following a request by the Authority, the Council, or the ESRB, may adopt a decision addressed to the Authority, determining the existence of an emergency situation for the purposes of this regulation.
2010/03/18
Committee: AFCO
Amendment 131 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. As soon as it issues a warning the Council shall notify it simultaneously to the European Parliament, the ESRB, the Commission and the European Supervisory Authority.
2010/03/18
Committee: AFCO
Amendment 133 #
Proposal for a regulation
Article 10 – paragraph 2
2. Where the Commission has adopted a decisionexistence of an emergency situation is declared pursuant to paragraph 1, the Authority may adopt individual decisions requiring competent authoritiesdecisions addressed to the competent authorities of all Member States requiring them 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 system by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation.
2010/03/18
Committee: AFCO
Amendment 134 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. 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 European Union, the Authority shall actively facilitate and, where deemed necessary, coordinate any actions undertaken by the relevant national competent supervisory authorities.
2010/03/18
Committee: AFCO
Amendment 135 #
Proposal for a regulation
Article 10 – paragraph 2 b (new)
2b. The Council shall review the decision referred to in paragraph 1 at appropriate intervals and at least once a month, and shall declare the discontinuation of the emergency situation as soon as appropriate.
2010/03/18
Committee: AFCO
Amendment 136 #
Proposal for a regulation
Article 10 – paragraph 3
3. Without prejudice to the powers of the Commission under Article 226 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 institutions, 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.deleted
2010/03/18
Committee: AFCO
Amendment 137 #
Proposal for a regulation
Article 10 – paragraph 4
4. Decisions adopted under paragraph 3 shall prevail over any previous decision adopted by the competent authorities on the same matter. Any action by the competent authorities in relation to facts which are subject to a decision pursuant to paragraph 2 or 3 shall be compatible with those decisions.deleted
2010/03/18
Committee: AFCO
Amendment 140 #
Proposal for a regulation
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may take the lead in assisting the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
2010/03/18
Committee: AFCO
Amendment 141 #
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, in order to ensure compliance with CommunityUnion law.
2010/03/18
Committee: AFCO
Amendment 142 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a. Decisions adopted under paragraph 3 shall prevail over any previous decision adopted by the national supervisory authorities on the same matter.
2010/03/18
Committee: AFCO
Amendment 143 #
Proposal for a regulation
Article 11 – paragraph 3 b (new)
3b. In its report the Authority may set out the disagreement between competent authorities, the agreements reached and the decision taken to settle such disagreements.
2010/03/18
Committee: AFCO
Amendment 144 #
Proposal for a regulation
Article 11 – paragraph 4
4. Without prejudice to the powers of the Commission under Article 226 of the Treaty, where a competent authority does not comply with the decision of the Authority, and thereby fails to ensure that a financial institution complies with requirements directly applicable to it by virtue of the legislation referred to in Article 1(2), the Authority may 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.deleted
2010/03/18
Committee: AFCO
Amendment 150 #
Proposal for a regulation
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10, 11 or 112a impinges in any way on the fiscal responsibilities of Member States.
2010/03/18
Committee: AFCO
Amendment 151 #
Proposal for a regulation
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 6, paragraph 3, 10 or 11 impinges in any way on the fiscal responsibilities of Member States.
2010/03/18
Committee: AFCO
Amendment 153 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and the Commission within one monthtwenty working days after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
2010/03/18
Committee: AFCO
Amendment 155 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked. . Or. eenen
2010/03/18
Committee: AFCO
Amendment 157 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintainrevoke the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminatrevoked.
2010/03/18
Committee: AFCO
Amendment 158 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
In its notification, the Member State shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities. In that case, the decision of the Authority shall be suspended.
2010/03/18
Committee: AFCO
Amendment 160 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
2010/03/18
Committee: AFCO
Amendment 161 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 4
Where the Council does not take a decision within ten working days, the Authority's decision shall be deemed to be maintainrevoked.
2010/03/18
Committee: AFCO