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Activities of Evelyn REGNER related to 2012/0029(COD)

Legal basis opinions (0)

Amendments (5)

Amendment 3 #
Evelyn REGNER
Proposal for a regulation
Article 7 – paragraph 2
2. For each securities settlement system it operates, a CSD shall establish procedures that facilitate settlement of transactions in financial instruments referred to in Article 5(1) that are not settled on the intended settlement date. These procedures shall provide for a uniform, sufficiently deterrent penalty mechanism for participants that cause the settlement fails.
2012/10/23
Committee: JURI
Amendment 4 #
Evelyn REGNER
Proposal for a regulation
Article 7 – paragraph 3
3. A participant to a securities settlement system that fails to deliver the financial instruments referred to in Article 5(1) to the receiving participant on the intended settlement date shall be subject to a buy-in whereby those instruments shall be bought in the market no later withain four days after the intendedof the date on which settlement datwas due and delivered to that receiving participant and othershall comply with the binding measures in accordance with paragraph 4.
2012/10/23
Committee: JURI
Amendment 5 #
Evelyn REGNER
Proposal for a regulation
Article 7 – paragraph 5 – point c
(hc)) where the execution of the buy-in is not possible, the amount of cash compensation paid to the receiving participant is substantially higher than the price of the financial instruments agreed at the time of the trade and the last publicly available price for such instruments on the trading venue where the trade took place, and is thus sufficiently deterrent for the defaulting participant; (Numbering erroneous in German version of Commission text)
2012/10/23
Committee: JURI
Amendment 7 #
Evelyn REGNER
Proposal for a regulation
Article 18 – paragraph 1 – point d
(d) where the CSD has seriously andor systematically infringed the requirements set out in this Regulation.
2012/10/23
Committee: JURI
Amendment 12 #
Evelyn REGNER
Proposal for a regulation
Article 52 – paragraph 2
2. By way of derogation from paragraph 1, when a national competent authority referred to in Article 53(1) of this Regulation is satisfied that a CSD has all the necessary safeguards in place to allow it to exercise ancillary services, the competent authority may submit a request to the Commission to allow this CSD also to carry out the ancillary services set out in Section C of the Annex. This request shall include: a) evidence justifying the request, explaining in detail the arrangements the CSD has put in place to deal with all associated risks; b) a reasoned assessment that this solution is the most effective means to ensure systemic resilience; c) an analysis of the expected impact on the relevant financial market and financial stability. Following a detailed impact assessment, a consultation of the undertakings concerned and after taking into account the opinions of the EBA, the ESMA and the ECB, the Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 66. The Commission shall give reasons for its implementing decision. A CSD which benefits from a derogation shall be authorised as a credit institution as provided in Title II of Directive 2006/48/EC. This authorisation shall be limited exclusively to the provision of the banking type of ancillary services that it is authorised to provide in accordance with paragraph 4 and shall imply the fulfilment of the prudential and supervision requirements provided in Article 57 and 58.deleted
2012/10/23
Committee: JURI
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