BETA

Activities of Evelyn REGNER related to 2011/0361(COD)

Legal basis opinions (0)

Amendments (11)

Amendment 26 #
Proposal for a regulation
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5a – paragraph 1 a (new)
Financial intermediaries must inform their clients that exclusive or automatic reliance on ratings is not an appropriate method of properly assessing risk when evaluating the creditworthiness of an issuer or financial instrument.
2012/03/30
Committee: JURI
Amendment 27 #
Proposal for a regulation
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5 c (new)
Article 5c Invalidity of contractual requirements excessively relying on external ratings in the management of individual or collective portfolios (1) Any contractual provision in a collective or individual portfolio management product which requires the choice of securities comprising the portfolio to be managed and based solely on external ratings shall be void. (2) Any contractual provision which allows a creditor to request early reimbursement by the issuer of the bonds, with regard to their natural end, in the case of a downgrade of the external rating assigned to the title shall be void.
2012/03/30
Committee: JURI
Amendment 28 #
Proposal for a regulation
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5 d (new)
Article 5d Over-reliance on credit ratings in the EU legislation Union law shall not refer to credit ratings for regulatory purposes and all provisions contained in sectoral legislation that provide for an obligation to take into account ratings before investing or advising others to invest shall be repealed. By ...*, the Commission shall present a detailed report to the European Parliament and Council on the implementation of this Article in Union law, including, where appropriate, legislative proposals. The report shall provide recommendations on the development of own rating capacities so as to avoid automatic procyclical reactions to changes in ratings.
2012/03/30
Committee: JURI
Amendment 30 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6 a – paragraph 1 – introductory part
(1) A shareholder or a member of a credit rating agency holding at least 5% of the capital or the voting rights in that agency shall not
2012/03/30
Committee: JURI
Amendment 32 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6 a – paragraph 1 – point a
(a) be sharehold 5%er or more of the capitalember of any other credit rating agency. This prohibition does not apply to holdings in diversified collective investment schemes, including managed funds such as pension funds or life insurance, provided that the holdings or otherwise have a direct or in diversified collective investment schemes do not put him or her in a position to exercise significant influence on the business activities of those schemesrect ownership interest in such other credit rating agency;
2012/03/30
Committee: JURI
Amendment 33 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6a – paragraph 1 – point b
b) have the right or the power to exercise 5% or more of the voting rights in any other credit rating agency;deleted
2012/03/30
Committee: JURI
Amendment 35 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 5
(5) Paragraphs 1 to 4 shall not apply to sovereign ratings.deleted
2012/03/30
Committee: JURI
Amendment 36 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1060/2009
Article 6b – paragraph 7
ESMA shall develop draft regulatory technical standards to specify technical requirements on the content of the handover file referred to in paragraph 56.
2012/03/30
Committee: JURI
Amendment 37 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6c (new) – title
Prohibition of mergers between and acquisitions of certain credit rating agencies
2012/03/30
Committee: JURI
Amendment 38 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6c (new)
A credit rating agency that controls more than 20% of the credit rating market shall not be allowed to hold a stake in or fully acquire another rating agency. This provision shall not apply to agencies that form part of the same group.
2012/03/30
Committee: JURI
Amendment 44 #
Proposal for a regulation
Article 1 – point 20
Regulation (EC) No 1060/2009
Article 35 a – paragraph 5 a (new)
(5a) The civil liability regime applicable shall be that of the country in which the investor sustaining the damage had his or her habitual residence when the damage occurred.
2012/03/30
Committee: JURI