18 Amendments of Diogo FEIO related to 2011/0295(COD)
Amendment 68 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 74 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) When inside information concerns a process which occurs in stages, each stage of the process as well as the overall process could be information of a precise nature.
Amendment 115 #
Proposal for a regulation
Recital 31
Recital 31
(31) Existing telephone and data traffic records from investment firms executing transactions, and existing telephone and data traffic records from telecom operators constitute crucial, and sometimes the only, evidence to detect and prove the existence of insider dealing and market manipulation. Telephone and data traffic records may establish the identity of a person responsible for the dissemination of false or misleading information, that persons have been in contact at a certain time, and that a relationship exists between two or more people. In order to introduce a level playing field in the Union in relation to the access by competent authorities to telephone and existing data traffic records held by a telecommunication operator or by an investment firm, competent authorities should be able to require existing telephone and existing data traffic records held by a telecommunication operator or by an investment firm, where a reasonable suspicion exists that suchviolation of this Regulation or Directive [new MAD]. Telephone and data traffic records rhelated to the subject-matter of the inspection may be relevant to prove insider dealing or market manipulation as defined in [new MAD] in violation of this Regulation or Directive [new MAD]. Telephone and data traffic records do not encompass the content of such recordsd by telecom operators do not encompass the content of such records. This shall not limit the powers of competent authorities to request and have access to telephone and data traffic records referred to in article [16(7) of New MiFID], including its content.
Amendment 171 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 211 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – introductory part
Article 8 – paragraph 1 – point a – introductory part
(a) entering into a transaction, placing an order to trade or any other behaviour which has the following consequences:
Amendment 213 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – indent 1
Article 8 – paragraph 1 – point a – indent 1
– it gives, or is likely to give, false or misleading signals as to the supply of, demand for, or price of, a financial instrument or a related spot commodity contract; or
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – indent 2
Article 8 – paragraph 1 – point a – indent 2
– it secures, or is likely to secure, the price of one or several financial instruments or a related spot commodity contracts at an abnormal or artificial level;
Amendment 219 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) entering into a transaction, placing an order to trade or any other behaviour affecting, or likely to affect, the price of one or several financial instruments or a related spot commodity contract, which employs a fictitious device or any other form of deception or contrivance; or
Amendment 224 #
Proposal for a regulation
Article 8 – paragraph 1 – point c – introductory part
Article 8 – paragraph 1 – point c – introductory part
(c) disseminating information through the media, including the Internet, or by any other means, which has or is likely to have the consequences referred to in subparagraph (a), where the person who made the dissemination knew, or ought to have known, that the information was false or misleading. When information is disseminated for the purposes of journalism, such dissemination of information shall be assessed taking into account the rules governing the freedom of the press and freedom of expression in other media, unless:
Amendment 231 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The following behaviour shall be considered as market manipulation or attempts to engage in market manipulation:
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) conduct by a person, or persons acting in collaboration, to secure a dominant position over the supply of or demand for a financial instrument or related spot commodity contracts which has or is likely to have the effect of fixing, directly or indirectly, purchase or sale prices or creatinges or is likely to create other unfair trading conditions,
Amendment 238 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the buying or selling of financial instruments at the close of the market with the effect or intentionlikely effect of misleading investors acting on the basis of closing prices,
Amendment 245 #
Proposal for a regulation
Article 8 – paragraph 3 – point c – introductory part
Article 8 – paragraph 3 – point c – introductory part
(c) the sending of orders to a trading venue by means of algorithmic trading, including high frequencyby means of algorithmic trading, without an intention to trade bu the effect for the purposelikely effect of:
Amendment 282 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
Where an issuer of a financial instrument or emission allowance market participant has decided to delayed the disclosure of inside information under this paragraph it shall immediately inform the competent authority that disclosure of the information was delayed immediately after the information is disclosed to the publicof such decision. Such information to competent authorities shall not preclude in any way the power of competent authorities to sanction a breach of this Regulation.
Amendment 320 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Paragraph 1 shall not apply to transactions totalling under EUR 20,000 over the period of a calendar year12 months and calculated since the date of the last notification or the date of appointment of the person to discharge managerial responsibilities if no notification has yet been made.
Amendment 340 #
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) require existing telephone and existing data traffic records held by a telecommunication operator or by an investment firm, where a reasonable suspicion exists that such records related to the subject-matter of the inspection may be relevant to prove insider dealing or market manipulation as defined in[new MAD] in violation of this Regulation or Directive [new MAD]; these records shall however not concern the content of the communication to which they relate.]where such records may be relevant to prove a violation of this Regulation or Directive [new MAD]; these records shall however not concern the content of the communication to which they relate.] Point (f) shall not prejudice in any way the powers of competent authorities to request telephone and electronic records of investment firms, notably those referred to in article 16(7) of Directive [MiFID 2], nor restrict the power to access to its content.
Amendment 372 #
Proposal for a regulation
Article 26 – paragraph 1 – point k
Article 26 – paragraph 1 – point k
(k) administrative pecuniary sanctions of up to twice the amount of the profits gained or losses avoided because of the breach where those can be determined; , if higher than any of the maximum amounts referred to in points (l) or (m), as applicable;