Activities of Sylvie GOULARD related to 2009/0161(COD)
Plenary speeches (2)
Specific tasks for the European Central Bank concerning the functioning of the European Systemic Risk Board - Powers of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority - European Securities and Markets Authority - Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board - European Banking Authority - European Insurance and Occupational Pensions Authority - Cross-Border Crisis Management in the Banking Sector (debate)
Specific tasks for the European Central Bank concerning the functioning of the European Systemic Risk Board - Powers of the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority - European Securities and Markets Authority - Macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board - European Banking Authority - European Insurance and Occupational Pensions Authority - Cross-Border Crisis Management in the Banking Sector (debate)
Amendments (7)
Amendment 381 #
Proposal for a directive – amending act
Article 3 – point -1 (new)
Article 3 – point -1 (new)
Directive 2003/6/EC
Article 1 – paragraph 1 –subparagraph 2 a (new)
Article 1 – paragraph 1 –subparagraph 2 a (new)
(-1) In point 1 of the first paragraph of Article 1, the following subparagraph is added: "In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application regarding the different elements of the definition of inside information, in particular its non- public character, referred to in the first subparagraph of this point. The Commission may adopt the draft technical standards referred to in the fourth subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 382 #
Proposal for a directive – amending act
Article 3 – point -1 a (new)
Article 3 – point -1 a (new)
Directive 2003/6/EC
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
Amendment 383 #
Proposal for a directive – amending act
Article 3 – point -1 b (new)
Article 3 – point -1 b (new)
Directive 2003/6/EC
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
(-1b) In Article 8 the following paragraph is added: "1a. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding: – the price limits and the daily purchase limit calculations relating to buy-backs programme referred to in Article 5 of Commission Regulation (EC) No 2273/2003 of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards exemptions for buy-back programmes and stabilisation of financial instruments1; – the disclosure and reporting of stabilisation of a financial instrument referred to in Article 9 of Regulation (EC) No 2273/2003; and – the ancillary stabilisation of a financial instrument referred to in Article 11 of Regulation (EC) No 2273/2003. The Commission may adopt the draft technical standards referred to in this paragraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]." 1 OJ L 336, 23.12.2003, p.33.
Amendment 396 #
Proposal for a directive – amending act
Article 5 – point -1 c (new)
Article 5 – point -1 c (new)
Directive 2003/71/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(-1c) In Article 4 the following paragraph is added: "3a. In order to ensure uniform application of this Directive, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the exemptions from the obligation to publish a prospectus provided a document is available containing information which is regarded by the competent authority as being equivalent to that normally contained in the prospectus. The Commission may adopt the draft technical standards referred to in this paragraph in accordance with the procedure laid down in Article 7 of Regulation …/…. [ESMA].”
Amendment 397 #
Proposal for a directive – amending act
Article 5 – point -1 d (new)
Article 5 – point -1 d (new)
Directive 2003/71/EC
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
(-1d) In Article 5 the following paragraph is added: "5a. In order to ensure uniform application of this Directive, the European Securities and Markets Authority may develop draft technical standards to determine the content and format of the prospectus and its summary as well as: – the conditions of application of the provisions concerning the adaptation to the minimum information given in prospectuses and base prospectuses referred to in Article 23 of Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements1; – the content of the summary referred to paragraph 3; The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation …/…. [ESMA].” 1 OJ L 149, 30.4.2004, p. 1.
Amendment 398 #
Proposal for a directive – amending act
Article 5 – point -1 e (new)
Article 5 – point -1 e (new)
Directive 2003/71/EC
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
(-1e) In Article 6 the following paragraph is added: "2a. In order to ensure uniform application of this Directive, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the responsibility attaching to the prospectus. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation …/…. [ESMA].”
Amendment 401 #
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – first subparagraph
Article 16 – paragraph 3 – first subparagraph
3. In order to ensure uniform application of this Article and to take account of technical developments on financial markets, the European Securities and Markets Authority shall determine what constitutes a significant new factor, material mistake or inaccuracy referred to in paragraph 1 and shall develop draft technical standards to determine the conditions of application of the obligation to provide a supplement to the prospectus in case of a significant new factor, material mistake or inaccuracy relating to the information included in the prospectus. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.