BETA

137 Amendments of Mara BIZZOTTO related to 2017/0143(COD)

Amendment 25 #
Proposal for a regulation
The Committee on Employment and Social Affairs calls on the Committee on Economic and Monetary Affairs, as the committee responsible, to propose rejection of the Commission proposal.
2018/05/04
Committee: EMPL
Amendment 26 #
Proposal for a regulation
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a pan-European Pminimum requirements for personal Ppension Pproduct (PEPP)s (Text with EEA relevance) (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 28 #
Proposal for a regulation
Recital 1
(1) EU households are amongst the highest savers in the world, but the bulk of these savings are held in bank accounts with short maturities. More investment into capital markets can help meet the challenges posed by population ageing and low interest rates.
2018/05/04
Committee: EMPL
Amendment 40 #
Proposal for a regulation
Recital 2
(2) Personal pensions are important in linking long-term savers with long-term investment opportunities. A larger, European market for personal pensions will support the supply of funds for institutional investors and investment into the real economy.deleted
2018/05/04
Committee: EMPL
Amendment 43 #
Proposal for a regulation
Recital 2 a (new)
(2a) Personal pension products are not intended to replace the statutory pension schemes set up by each Member State.
2018/05/04
Committee: EMPL
Amendment 44 #
Proposal for a regulation
Recital 2 b (new)
(2b) Personal pension products should be intended to enable pensioners to increase their purchasing power.
2018/05/04
Committee: EMPL
Amendment 46 #
Proposal for a regulation
Recital 3
(3) Currently, the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products. This can result in difficulties for individuals to make use of their basic freedoms. For instance, they may be plimited degree of portability of personal pension products can cause difficulties as regards personal retirevmented from taking up a job or retiring in another Member State. In addition, the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products provision for a worker who moves to another Member State and takes up residence there.
2018/05/04
Committee: EMPL
Amendment 50 #
Proposal for a regulation
Recital 3 a (new)
(3a) The reduction in the purchasing power of the working classes is likely to reduce the possibility for many citizens to save, and particularly to save with a view to retirement.
2018/05/04
Committee: EMPL
Amendment 51 #
Proposal for a regulation
Recital 3 b (new)
(3b) Member States should be encouraged to facilitate access to these products for low-income sections of the population in order to limit the fall in their purchasing power when they retire.
2018/05/04
Committee: EMPL
Amendment 53 #
Proposal for a regulation
Recital 4
(4) The Capital Markets Union (CMU) will help mobilise capital in Europe and channel it to all companies, including small and medium enterprises, infrastructure and long term sustainable projects that need it to expand and create jobs. One of the main objectives of the CMU is to increase investment and choices for retail investors by putting European savings to better use.deleted
2018/05/04
Committee: EMPL
Amendment 67 #
Proposal for a regulation
Recital 10
(10) Among personal pension products, the development of a PEPP will contribute to increasing choices for retirement saving and establish an EU market for PEPP providers. It wThis Directive should in no way be considered an incentive to weaken first and second pillar provide households with better options to meet their retirement goalssion.
2018/05/04
Committee: EMPL
Amendment 74 #
Proposal for a regulation
Recital 11
(11) AThis legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. By complementing the existing pension products and schemes, it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, addressing the demographical challenge and providing a powerful new source of private capital for long-term does not replace existing national personal pension schemes with a supranational scheme falling within the exclusive competence of the Union. Full jurisdiction continvuestment. This framework will not replace or harmonise existing national personal pension schem to lie with Member States.
2018/05/04
Committee: EMPL
Amendment 80 #
Proposal for a regulation
Recital 13
(13) Article 114 TFEU allows the adoption of acts both in the shape of Regulations or Directives. The adoption of a Regulation has been preferred as it would become directly applicable in all Member States. Therefore, a Regulation would allow a quicker uptake of the PEPP and contribute more rapidly to address the need for more pension savings and investments in the CMU context. Since this Regulation is harmonising the core features of the PEPPs, they do not have to be subject to specific national rules, so a Regulation appears better suited than a Directive in this casIt has been thought preferable to adopt a Directive laying down common minimum requirements for personal pension products, including portability and cross- border transferability in particular, in order to ensure that workers moving to, and taking up residence in, another Member State will not forfeit personal pension entitlements acquired in the Member State of origin or last residence. On the contrary, the features which are out of the scope of the RegulationDirective (e.g. accumulation phase conditions) are subject to national rules.
2018/05/04
Committee: EMPL
Amendment 138 #
Proposal for a regulation
Recital 43
(43) In order to fulfil the objectives set out in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Unionensure uniform conditions for the implementation of this Directive, implementing powers should be delegatconferred ton the Commission in respect of specifying the conditions for the exercise of intervention powers by EIOPA and the competent authorities. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers.
2018/05/04
Committee: EMPL
Amendment 157 #
Proposal for a regulation
Recital 67
(67) Tax incentives can take different forms and play an important role in encouraging the take-up of personal pension products ((PPPs) in a number of Member States. In many Member States the contributions paid for PPPs qualify for some form of tax relief, be it explicit or implicit.deleted
2018/05/04
Committee: EMPL
Amendment 159 #
Proposal for a regulation
Recital 68
(68) This Regulation should not be understood as obliging Member States to apply to PEPPs the same tax rules as they would apply to comparable personal pension products under their national laws. However, in application of the national treatment principle, stemming from Articles 21 and 45 of the TFEU and interpreted by the Court of Justice of the European Union, it should be possible for a PEPP that is objectively comparable to a personal pension product (PPP) distributed in a given Member State to benefit from the same tax relief granted to the PPP in this Member State, if the PEPP saver there is subject to tax. This also applies if the PEPP is provided by a provider from another Member State.deleted
2018/05/04
Committee: EMPL
Amendment 162 #
Proposal for a regulation
Recital 69
(69) Following the launch of the PEPP, Member States are encouraged to take into consideration Commission Recommendation (EU) 2017/… and to extend the benefits of the tax advantages they grant to national PPPs also to the PEPP.deleted
2018/05/04
Committee: EMPL
Amendment 168 #
Proposal for a regulation
Recital 71
(71) This RegulationDirective respects fundamental rights and observes the principles recognised in particular by the Charter of the Fundamental Rights of the European Union, in particular the entitlement to social security and social assistance, the right to the protection of personal data, the right to property, the freedom to conduct a business, the principle of equality between men and women and the principle of a high level of consumer protection.
2018/05/04
Committee: EMPL
Amendment 169 #
Proposal for a regulation
Recital 72
(72) Since the objectives of this RegulationDirective, namely to enhance PEPP saverthe protection and improve PEPP saver confidence in PEPPs, including where those products are distributed cross- borderof personal pension product savers who move to, and take up residence in, another Member State, cannot be sufficiently achieved by the Member States but can rather, by reason of its effects, be better achieved at Union level the Union may adopt measures, in accordance with principle of subsidiarity as set out in Article 5 of the Treaty of then European Union. In accordance with the principle of proportionality, as set out in that Article, this RegulationDirective does not go beyond what is necessary in order to achieve thoseat objectives.,
2018/05/04
Committee: EMPL
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1
This RegulationDirective lays down uniform rules onminimum requirements for the authorisation, manufacturing, distribution and supervision of personal pension products that are distributed in the Union under the designation “pan- European Personal Pension product” or “PEPP”Member States.
2018/05/04
Committee: EMPL
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
(1) “personal pension product” means a product which:long-term savings personal pension product which is provided under an agreed pension scheme by a regulated financial undertaking authorised under Union law to manage collective or individual investments or savings, and which: (The definitions in points 1 and 2 are combined in a single definition. This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) “pan-European Personal Pension Product (PEPP)” means a long-term savings personal pension product, which is provided under andeleted (The definitions in points 1 and 2 agreed PEPP scheme by a regulat combined financial undertaking authorised under Union law to manage collective or individual investments or savings, and subscribed to voluntarily by an individual PEPP saver in view of retirement, with no or strictly limited redeemability; a single definition.)
2018/05/04
Committee: EMPL
Amendment 178 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
(3) “PEPP saver” means:personal pension product saver” (hereinafter “saver”) means: (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4) “PEPPpension scheme” means a contract, an agreement, a trust deed or rules stipulating which retirement benefits are granted and under which conditions on the basis of an individual retirement savings plan agreed with a PEPP provider; of personal pension products; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) “PEPPpersonal pension account” means a personal pension account held in the name of a PEPP saver or a PEPPpersonal pension product saver or a personal pension beneficiary which is used for the execution of transactions allowing the PEPPpersonal pension product saver to contribute periodically sums towards his retirement and the PEPPpersonal pension beneficiary to receive his retirement benefits; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) “PEPPpersonal pension product provision” means the manufacturing and distribution of a PEPP;personal pension products; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) “PEPP beneficiary”personal pension beneficiary” (hereinafter “beneficiary”) means a person receiving PEPPthe retirement benefits; of a personal pension product; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) “PEPPpersonal pension product distribution” means the activities of advising on, proposing, or carrying out other work preparatory to the conclusion of contracts for providing a PEPPpersonal pension products, of concluding such contracts, or of assisting in the administration and performance of such contracts, including the provision of information concerning one or more pension contracts in accordance with criteria selected by PEPP customsavers through a website or other media and the compilation of a pension product ranking list, including price and product comparison, or a discount on the price of a pension contract, when the PEPP customsaver is able to directly or indirectly conclude a pension contract using a website or other media; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) “PEPP retirement benefits” means benefits paid by reference to reaching, or the expectation of reaching, retirement. These benefits may take the form of payments for life, payments made for a temporary period, a lump sum, or any combination thereof; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) “accumulation phase” means the period during which assets (in-payments) are accumulated in a PEPPpersonal pension account and normally runs until the age of retirement of the PEPP beneficiary; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
(11) “decumulation phase” means the period during which assets accumulated in a PEPPpersonal pension account are drawn upon to fund retirement or other income requirements; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) "annuity" means a sum payable at specific intervals over a period, such as the PEPP beneficiary's life or a certain number of years, in return for an investment;
2018/05/04
Committee: EMPL
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) "drawdown payments" means the possibility for the PEPP beneficiaries to draw discretionary amounts, up to a certain limit on a periodic basis;
2018/05/04
Committee: EMPL
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) "provider of a PEPP" or "PEPP individual pension products” (‘provider"') means a financial undertaking authorised to manufacture a PEPP and distributing it; e personal pension products; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
(15) "distributor of a PEPP" or "PEPP personal pension products” (‘distributor"') means a financial undertaking authorised to distribute PEPPpersonal pension products not manufactured by it, as well as an insurance, reinsurance or ancillary insurance intermediary; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 – point a
(a) enables a PEPP customsaver to store information addressed personally to that customer in a way accessible for future reference and for a period of time adequate for the purposes of the information; and
2018/05/04
Committee: EMPL
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) "competent authorities" of the PEPP providers means the national authorities designated by each Member State to authorise the distribution of personal pension products and supervise PEPP providers; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 198 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) "home Member State of the PEPP provider" means the Member State in which the PEPP provider has its registered office; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
(19) “host Member State of the PEPP provider" means a Member State, other than the home Member State, in which a PEPP provider manufactures or distributes PEPPs;personal pension products; (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
(20) "compartment" means a section which is opened within each individual PEPP account and which corresponds to the legal requirements and conditions for using incentives fixed at national level for investing in a PEPP by the Member State of the PEPP saver's domicile. Accordingly, an individual may be a PEPP saver or a PEPP beneficiary in each compartment, depending on the respective legal requirements for the accumulation and decumulation phases;deleted
2018/05/04
Committee: EMPL
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
(24) "default investment option" means an investment strategy applied when the PEPP saver has not provided instructions on how to invest the funds accumulating in his PEPPpersonal pension account;
2018/05/04
Committee: EMPL
Amendment 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
(26) "switching providers" means, upon a PEPP customsaver’s request, transferring from one PEPP provider to another any positive balance from one PEPPpersonal pension account to the other, with or without closing the former PEPPpersonal pension account;
2018/05/04
Committee: EMPL
Amendment 209 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
(27) "advice" means the provision of a personal recommendation to a PEPP saver, either upon his request or at the initiative of the PEPP provider or distributor, in respect of one or more contracts for subscribing PEPPto a personal pension product;
2018/05/04
Committee: EMPL
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
(28) "PEPP customer" means a PEPP saver, a prospective PEPP saver and/or a PEPP beneficiary.deleted
2018/05/04
Committee: EMPL
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1 – point c – point ii
(ii) the provisions of Member States' laws which would apply to a comparable personal pension product manufactured and distributed in accordance with the law of the Member State in which the manufacturer has its registered office, not including those concerning the tax system, the determination of which falls within the exclusive competence of the Member States. .
2018/05/04
Committee: EMPL
Amendment 220 #
Proposal for a regulation
Article 4 – paragraph 1
1. A PEPP may onlyMember States shall take measures to ensure that a personal pension product can be manufactured and distributed within the Union whereir territory only if it has been authorised by EIOPAtheir competent authority in accordance with this Regulationdirective.
2018/05/04
Committee: EMPL
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 1
1. A PEPP may only be manufactured and distributed in the UnionMember States where it has been authorised by EIOPA and by the corresponding national institution(s) in accordance with this Regulation.
2018/05/04
Committee: EMPL
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 2
2. Authorisation of a PEPPas referred to in paragraph 1 shall be valid in allonly in the Member States. It entitles the authorisation holder to manufacture and distribute the PEPP as authorised by EIOPA which has issued it, without prejudice to any agreements on mutual recognition of such authorisations concluded between two or more Member States.
2018/05/04
Committee: EMPL
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a. In the case of the cross-border marketing of a PEPP, the national authorities of the host State must be able to exercise control of legality in order to check the conformity of the product with the applicable national law.
2018/05/04
Committee: EMPL
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
2b. In order to guarantee respect for the principle of the right to effective legal remedy, given the diversity and inconsistency of the applicable regimes, the court in the country where the consumer resides should have competence.
2018/05/04
Committee: EMPL
Amendment 227 #
Proposal for a regulation
Article 4 – paragraph 2 c (new)
2c. Where the national institution vested with the equivalent authority to that of EIOPA does not authorise a PEPP, it cannot be manufactured or distributed in the Member State.
2018/05/04
Committee: EMPL
Amendment 228 #
Proposal for a regulation
Article 5 – title
Application for authorisation of a PEPP
2018/05/04
Committee: EMPL
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. OMember States shall take measures to ensure that only the following financial undertakings may apply for authorisation of a PEPPpersonal pension product:
2018/05/04
Committee: EMPL
Amendment 241 #
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
(fa) all undertakings, including insurance undertakings, authorised by the Member States to distribute pension products.
2018/05/04
Committee: EMPL
Amendment 242 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. Financial undertakings listed in paragraph 1 shall submit their applications for authorisation of a PEPP to EIOPApersonal pension product to the competent authority of the Member State where they intend to market the personal pension product. The application shall include the following:
2018/05/04
Committee: EMPL
Amendment 249 #
Proposal for a regulation
Article 5 – paragraph 2 – point f
(f) a list of Member States where the applicant PEPP intends to market the PEPP;deleted
2018/05/04
Committee: EMPL
Amendment 252 #
Proposal for a regulation
Article 5 – paragraph 3
3. EIOPA and the corresponding national institutions may request clarification and additional information as regards the documentation and information provided under paragraph 1.
2018/05/04
Committee: EMPL
Amendment 253 #
Proposal for a regulation
Article 5 – paragraph 3
3. EIOPAThe competent authority may request clarification and additional information as regards the documentation and information provided under paragraphs 1 and 2.
2018/05/04
Committee: EMPL
Amendment 254 #
Proposal for a regulation
Article 5 – paragraph 4
4. EIOPA and the corresponding national institutions may ask the competent 4. authority of the financial undertaking applying for the authorisation for clarification and information as regards the documentation referred to in paragraph 2. The competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by EIOPA.
2018/05/04
Committee: EMPL
Amendment 255 #
Proposal for a regulation
Article 5 – paragraph 4
4. EIOPA may ask the competent authority of the financial undertaking applying for the authorisation referred to in paragraph 2for clarification and information as regards the documentation referred to in paragraphs 1 and 2. The competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by EIOPA.
2018/05/04
Committee: EMPL
Amendment 256 #
Proposal for a regulation
Article 5 – paragraph 5
5. Any subsequent modifications to the documentation and information referred to in paragraphs 1 and 2 shall be immediately notified to EIOPAthe competent authority referred to in paragraph 2.
2018/05/04
Committee: EMPL
Amendment 257 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Within two months from the date of submission of a complete application, EIOPA shall grant authorisation of the PEPP only where EIOPA isMember States shall take measures concerning the setting of the time limit within which the respective competent authorities must complete their consideration of the application for authorisation once it has been submitted in full. Member States shall ensure that their respective competent authorities can grant authorisation of the personal pension product only once they are fully satisfied that the following conditions are met:
2018/05/04
Committee: EMPL
Amendment 258 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Within twohree months from the date of submission of a complete application, EIOPA shall grant authorisation of the PEPP only where EIOPA isand the corresponding national institutions shall publish their decision. They shall only authorise the PEPP if they are fully satisfied that the following conditions are met:
2018/05/04
Committee: EMPL
Amendment 259 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the applicant complies with this Regulatione national provisions transposing this directive;
2018/05/04
Committee: EMPL
Amendment 261 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) the proposed PEPPpersonal pension product meets all the requirements of this Regulatione national provisions transposing this directive;
2018/05/04
Committee: EMPL
Amendment 264 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
(da) the PEPP complies with the national rules in force in the Member States which will be directly affected by the manufacture and distribution of the PEPP.
2018/05/04
Committee: EMPL
Amendment 265 #
Proposal for a regulation
Article 6 – paragraph 2
2. Before taking a decision on the application,Member States shall take measures to enable EIOPA shallto consult the appropriate competent authority of the applicantwithin the time limit set as referred to in paragraph 1.
2018/05/04
Committee: EMPL
Amendment 268 #
Proposal for a regulation
Article 6 – paragraph 3
3. EIOPA shallMember States shall ensure that the competent authority communicates to the applicant the reasons for any refusal to grant authorisation of a PEPPpersonal pension product.
2018/05/04
Committee: EMPL
Amendment 271 #
Proposal for a regulation
Article 6 – paragraph 4
4. EIOPA shallMember States shall lay down the procedures by means of which the competent authority withdraws the authorisation of a PEPPpersonal pension product in the event that the conditions for granting this authorisation are no longer fulfilled.
2018/05/04
Committee: EMPL
Amendment 273 #
Proposal for a regulation
Article 6 – paragraph 5
5. EIOPA shallMember States shall ensure that, on a quarterly basis, inform the competent authorities of the financial undertakings listed in Article 5(1)inform the EIOPA of decisions to grant, refuse or withdraw authorisations pursuant to this Regulatione national provisions transposing this Directive.
2018/05/04
Committee: EMPL
Amendment 274 #
Proposal for a regulation
Article 7
1. European Personal Pension Product" in relation to a personal pension product may only be used where the personal pension product has been authorised by EIOPA to be distributed under the designation "PEPP" in accordance with this Regulation. 2. products may be converted into "PEPPs" following author7 Article 7 deleted Designation and conversion The designation "PEPP" or "pan- Exisation by EIOPA. 3. "PEPPs" intong personal pension productPEPP providers tshat arell not convered by this Regulation.t
2018/05/04
Committee: EMPL
Amendment 275 #
Proposal for a regulation
Article 8 – paragraph 1
1. FMember States shall ensure that financial undertakings referred to in Article 5(1) may distribute PEPPpersonal pension products which they have not manufactured upon receiving authorisation for distribution by the competent authorities of their home Member State. in which they are to be marketed.
2018/05/04
Committee: EMPL
Amendment 276 #
Proposal for a regulation
Article 8 – paragraph 2
2. IMember States shall ensure that insurance intermediaries registered in accordance with Directive 2016/97/EU of the European Parliament and of the Council48 are entitled to distribute PEPPpersonal pension products which they have not manufactured. __________________ 48 Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19).
2018/05/04
Committee: EMPL
Amendment 277 #
Proposal for a regulation
Article 9 – paragraph 1
PEPPMember States shall ensure that providers and PEPP distributors shall comply at all times with the provisions of this RegulationDirective, as well as with the relevant prudential regime applicable to them in accordance with the legislative acts referred to in Article 5(1).
2018/05/04
Committee: EMPL
Amendment 279 #
Proposal for a regulation
Chapter 3 – title
CROSS-BORDER PROVISION AND PORTABILITY OF PEPP
2018/05/04
Committee: EMPL
Amendment 280 #
Proposal for a regulation
Chapter 3 – section 1
FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT 11 Exercise of the freedom to provide services and freedom of establishment by PEPP providers and distributors PEPP providers may provide and PEPP distributors may distribute PEPPs within the territory of a host Member State under the freedom to provide services or the freedom of establishment, provided they do so in compliance with the relevant rules and procedures established by or under the Union legislative acts applicable to them as referred to in Article 5(1) or 8(2).deleted
2018/05/04
Committee: EMPL
Amendment 281 #
Proposal for a regulation
Article 11 – paragraph 1
PEPP providers may provide and PEPP distributors may distribute PEPPs within the territory of a host Member State under the freedom to provide services or the freedom of establishment, provided they do so in compliance with the relevant rules and procedures established by or under the Union legislative acts applicable to them as referred to in Article 5(1) or 8(2). The competent authorities of each Member State shall be authorised to assess compliance with the relevant rules and procedures laid down by EU law and, where appropriate, to deliver a reasoned opinion to EIOPA calling for the suspension or cessation of the distribution of a PEPP.
2018/05/04
Committee: EMPL
Amendment 282 #
Proposal for a regulation
Article 12 – paragraph 1
1. The portability service allows PEPP savers to continue contributing to the PEPPpersonal pension product which they have already contracted with its provider, while changing their domicile by moving to another Member State and taking up residence there.
2018/05/04
Committee: EMPL
Amendment 287 #
Proposal for a regulation
Article 13 – paragraph 1
1. PEPP providers shallMember States shall take steps to ensure that providers are required to provide the portability service to PEPP savers holding a PEPPpersonal pension account with them and requesting this service.
2018/05/04
Committee: EMPL
Amendment 289 #
Proposal for a regulation
Article 13 – paragraph 2
2. When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP savers with information on which national compartments are immediately available.deleted
2018/05/04
Committee: EMPL
Amendment 292 #
Proposal for a regulation
Article 13 – paragraph 3
3. Three years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP provider.deleted
2018/05/04
Committee: EMPL
Amendment 296 #
Proposal for a regulation
Article 14
Compartments of the PEPP Without prejudice to the deadline under Article 13(3), PEPP providers shall ensure that within each individual PEPP account a new compartment could be opened, corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP by the Member State to which the PEPP saver moves.14 Article 14 deleted
2018/05/04
Committee: EMPL
Amendment 301 #
Proposal for a regulation
Article 15
Opening of a new compartment 1. under Article 13(3), immediately after being informed about the PEPP saver's intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about15 Article 15 deleted Without prejudice to the deadline To make use of theis possibility, to open a new compartment within the PEPP saver's individual account and about the deadline within which such compartment could be opened. 2. PEPP saver shall send to the PEPP provider a request, which shall include the following information: (a) State of domicile; (b) investments should be directed to the newly-opened compartment; (c) possible modifications in the adopted investment strategy or other elements. 3. following the reception of the request under paragraph 2, the PEPP provider shall provide the PEPP saver with complete information free of charge and advice under Chapter IV, Sections II and III regarding the conditions applicable to the new compartment. 4. opened by signing a new contract, or amending the existing one, between the PEPP saver and the PEPP provider, in compliance with the applicable contract law. The date of opening shall be defined in the contract or, in the absence of such stipulation, the new compartment shall be deemed opened at the date of signing the contract or the amendment thereto.he the PEPP saver's new Member the date from which the any relevant information about Not later than three months The new compartment shall be
2018/05/04
Committee: EMPL
Amendment 304 #
Proposal for a regulation
Article 16
Transfer of accumulated rights between 1. the PEPP provider shall propose to the PEPP saver to arrange for transfer of accumulated assets between different compartments of the individual PEPP account, so that all assets could be consolidated in one compartment. 2. paragraph 1 shall be made possible without redemption in kind of these assets.16 Article 16 deleted the compartments of the PEPP At the request of the PEPP saver, The transfer of assets under
2018/05/04
Committee: EMPL
Amendment 309 #
Proposal for a regulation
Article 17 – paragraph 1
1. AMember States shall lay down the procedures by means of which all contractual arrangements for providing the portability service shall be notified by the PEPP provider to the respective national authority exercising prudential supervision over it. That notification shall contain at least information identifying the personal pension product (name of the saver; national legislation applicable; date on which the personal pension product was purchased).
2018/05/04
Committee: EMPL
Amendment 312 #
Proposal for a regulation
Article 17 – paragraph 2
2. The information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one deleted amounth of opening the new compartment and shall contain at least: (a) identification of the compartment (name of the PEPP saver; applicable national legislation; date of opening the compartment); (b) any; (c) redemption in kind of the transferred assets).the transferred assets, if way of transfer (with or without
2018/05/04
Committee: EMPL
Amendment 316 #
Proposal for a regulation
Article 18 – paragraph 1
WMember States shall ensure that, when carrying out distribution activities for PEPPs, PEPPpersonal pension products, providers and PEPP distributors shall always act honestly, fairly and professionally in accordance with the best interests of their customsavers.
2018/05/04
Committee: EMPL
Amendment 317 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
For the distribution of PEPPMember States shall take steps to ensure that, for the distribution of personal pension products, the different types of PEPP providers and distributors shall comply with the following rules:
2018/05/04
Committee: EMPL
Amendment 320 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
PEPPMember States shall ensure that providers shall maintain, operate and review, in accordance with the minimum requirements laid down in this paragraph, a process for the approval of each PEPPpersonal pension product, or significant adaptations of an existing PEPPpersonal pension product, before it is distributed to PEPP customsavers.
2018/05/04
Committee: EMPL
Amendment 321 #
Proposal for a regulation
Article 23 – paragraph 1
1. Before a PEPPMember States shall ensure that, before a personal pension product is proposed to PEPP savers, the PEPP provider shall draws up for that product a PEPP key information document in accordance with the requirements of this Chapter and shall publish the document on its website.
2018/05/04
Committee: EMPL
Amendment 330 #
Proposal for a regulation
Article 23 – paragraph 3 – point iv
(iv) general information on the portability service, including information on the compartments;
2018/05/04
Committee: EMPL
Amendment 331 #
Proposal for a regulation
Article 23 – paragraph 3 – point vii
(vii) the law applicable to the PEPP contract where the parties do not have a free choice of law or, where the parties are free to choose the applicable law, the law that the PEPP provider proposes to choose.
2018/05/04
Committee: EMPL
Amendment 364 #
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
In order to ensure consistent application of this Article, the European Supervisory Authorities (European Banking Authority, European Securities and Markets Authority and EIOPA) (“ESAs”) shall, through the Joint Committee of the ESAs, develop draft implementing technical standards guidelines specifying the details of the presentation and the content of each of the elements of information referred to in paragraphs 3 and 4, together with the requirements needed to present that information in a standardised format allowing for comparison.
2018/05/04
Committee: EMPL
Amendment 365 #
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 2
When developing the draft implementing technical standardguidelines the ESAs shall take into account the various types of PEPPpersonal pension products, the differences between them and the capabilities of PEPP savers as well as the features of the PEPPpersonal pension products so as to allow the PEPP saver to select between different underlying investments or other options provided for by the product, including where this selection can be undertaken at different points in time, or changed in the future.
2018/05/04
Committee: EMPL
Amendment 366 #
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 3
The ESAs shall submit those draft implementing technical standardsAs soon as the implementing technical guidelines have been drawn up, EIOPA shall submit them to the Ccommission by … petent national supervisory authorities.
2018/05/04
Committee: EMPL
Amendment 367 #
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 4
Power is conferred the Commission to adopt implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.deleted
2018/05/04
Committee: EMPL
Amendment 371 #
Proposal for a regulation
Article 24 – paragraph 1
1. IMember States shall, in good time before the conclusion of a PEPP-related contract, PEPPcontract related to a personal pension product, require providers or distributors referred to in Article 19(c) of this Regulation shallto provide PEPP savers or potential PEPP savers, in accordance with the minimum requirements laid down in this Article, with at least the information in relation to the PEPP contract and themselves set out in Article 19 and in points (a) and (c) of the first subparagraph of Article 29(1) of Directive (EU) 2016/97 in relation to insurance contracts and insurance intermediaries.
2018/05/04
Committee: EMPL
Amendment 372 #
Proposal for a regulation
Article 24 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts adopt implementin g accordance with Article 62ts in order to specify the criteria on which the standardised format referred to in paragraph 2 shall be based. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).
2018/05/04
Committee: EMPL
Amendment 374 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
PMember States shall, prior to the conclusion of a PEPP-related contract,contract related to a personal pension product, require the PEPP provider or distributor referred to in Article 19(c) of this Regulation shallto specify, on the basis of information obtained from the PEPP saver and in accordance with the minimum requirements laid down in this Article, the retirement-related demands and the needs of that PEPP saver and shallto provide the PEPP saver with objective information about the PEPPpersonal pension product in a comprehensible form to allow that PEPP saver to make an informed decision.
2018/05/04
Committee: EMPL
Amendment 382 #
Proposal for a regulation
Article 26
26 [...]deleted
2018/05/04
Committee: EMPL
Amendment 386 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Without prejudice to Article 25(1), the PEPP saver mayMember States shall ensure that the saver may, in accordance with this Article, waive his right to receive advice in relation to concluding a contract for the default investment option.
2018/05/04
Committee: EMPL
Amendment 390 #
Proposal for a regulation
Article 26 – paragraph 3 – introductory part
3. The Commission shall be empowered to adopt delegated acts adopt implementing accordance with Article 62ts to further specify how PEPP providers or distributors referred to in Article 19(c) of this Regulation are to comply with the principles set out in this Article when carrying out PEPP distribution activities, including with regard to the information to be obtained when assessing the appropriateness of PEPPpersonal pension products for their customers and the criteria to assess non- complex PEPP-related contracontracts related to personal pension products for the purposes of point (ii) of paragraph 2(a) of this Article. Those delegated actsacts shall be adopted in accordance with the examination procedure referred to in Article 62(2) and shall take into account:
2018/05/04
Committee: EMPL
Amendment 391 #
Proposal for a regulation
Article 27 – paragraph 1
1. PEPP providers shallMember States shall require providers, in accordance with the minimum requirements laid down in this Section, to draw up a concise personalised document containing key information for each PEPP saver, taking into consideration the specific nature of national pension systems and of relevant national social, labour and tax law (“PEPPRetirement Benefit Statement”). The title of the document shall contain the words “PEPPRetirement Benefit Statement”. (This amendment applies throughout the text.)
2018/05/04
Committee: EMPL
Amendment 403 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
(b) the Member State in which the PEPP provider is authorised or registered and the name of the competent authority;
2018/05/04
Committee: EMPL
Amendment 410 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
EIOPA, after consulting national authorities and after consumsaver testing, shall develop draft implementing technical standardguidelines specifying the details of the presentation of the information referred to in Article 28 and in this Article.
2018/05/04
Committee: EMPL
Amendment 411 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 2
EIOPA shall submit those draft implementing technical standards to the Commission by … [within 9 months after the entry into force of the Regulation]As soon as the implementing technical guidelines have been drawn up, EIOPA shall submit them to the national authorities.
2018/05/04
Committee: EMPL
Amendment 412 #
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 3
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.deleted
2018/05/04
Committee: EMPL
Amendment 418 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
1. PEPP providers shallMember States shall require providers, in accordance with the requirements laid down in this Section, to submit to the competent authorities the information which is necessary for the purposes of supervision. That information shall include at least the information necessary to carry out the following activities when performing a supervisory review process:
2018/05/04
Committee: EMPL
Amendment 419 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
1. PEPP providers shall submit to the competent authorities of each Member State, in its official language(s), the information which is necessary for the purposes of supervision. That information shall include at least the information necessary to carry out the following activities when performing a supervisory review process:
2018/05/04
Committee: EMPL
Amendment 421 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
2. The competent authorities shall have the following powerMember States shall assign at least the following powers to the competent authorities:
2018/05/04
Committee: EMPL
Amendment 423 #
Proposal for a regulation
Article 32 – paragraph 2 – point c a (new)
(ca) to issue reasoned opinions to request that distribution of a PEPP be suspended or halted.
2018/05/04
Committee: EMPL
Amendment 424 #
Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 1
The Commission shall adopt delegated acts implementing accordance with Article 62ts specifying the information referred to in paragraphs 1 to 4, with a view to ensuring to the appropriate extent convergence of supervisory reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(2).
2018/05/04
Committee: EMPL
Amendment 425 #
Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 2
EIOPA, after consulting national authorities and after consumsaver testing, shall develop draft implementing technical standardguidelines regarding the format of supervisory reporting.
2018/05/04
Committee: EMPL
Amendment 426 #
Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 3
EIOPA shall submit those draft implementing technical standards to the Commission by … [within 9 months after the entry into force of the Regulation]As soon as the implementing technical guidelines have been drawn up, EIOPA shall submit them to the national authorities.
2018/05/04
Committee: EMPL
Amendment 427 #
Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 4
Power is conferred on the Commission to adopt the implementing technical standards referred to in the second subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.deleted
2018/05/04
Committee: EMPL
Amendment 428 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
1. PEPPMember States shall ensure that providers shall invest in accordance with the "prudent person" rule and in particular in accordance with the following rules:
2018/05/04
Committee: EMPL
Amendment 433 #
Proposal for a regulation
Article 34 – paragraph 1
1. PEPP providers shall offer up toMember States shall ensure that providers offer savers, in accordance with the requirements laid down in this section, no more than five investment options to PEPP savers.
2018/05/04
Committee: EMPL
Amendment 449 #
Proposal for a regulation
Article 38 – paragraph 1
1. If PEPP providers offer alternative investment options, at least one of them shall offer a more cost-effective investment option to PEPP savers, though all PEPPs must be cost-effective for consumers.
2018/05/04
Committee: EMPL
Amendment 450 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
The Commission shall be empowered to adopt a delegated act in accordance with Article 62Member States shall take measures to specifying:
2018/05/04
Committee: EMPL
Amendment 454 #
Proposal for a regulation
Article 43 – paragraph 1
1. PEPPThe Member States shall ensure that providers and distributors shall put in place and apply, in accordance with the minimum requirements laid down in this Article, adequate and effective complaint resolution procedures for the settlement of complaints lodged by PEPP customsavers concerning their rights and obligations under this Regulation. Directive.
2018/05/04
Committee: EMPL
Amendment 455 #
Proposal for a regulation
Article 43 – paragraph 2
2. Those procedures shall be applied in every Member State where the PEPP provider or distributor offers its services and shall be available in an official language of the relevant Member State as chosen by the PEPP customer, or in another language if agreed between the PEPP provider or distributor and the PEPP customer.deleted
2018/05/04
Committee: EMPL
Amendment 457 #
Proposal for a regulation
Article 44 – paragraph 1
1. AMember States shall establish, in accordance with Directive 2013/11/EU of the European Parliament and the Council and using existing competent bodies where appropriate, adequate, independent, impartial, transparent and effective ADR procedures for the settlement of disputes between PEPP customsavers and PEPP providers or distributors concerning the rights and obligations arising under this Regulation shall be established in accordance with Directive 2013/11/EU of the European Parliament and the Council, using existing competent bodies where appropriate national provisions transposing this Directive. Such ADR procedures shall be applicable, and the relevant ADR body’s competence shall effectively extend, to PEPP providers or distributors against whom the procedures are initiated. __________________ 49 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, OJ L 165, 18.6.2013, p. 63.
2018/05/04
Committee: EMPL
Amendment 458 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1
PEPPMember States shall ensure that providers shall provide, in accordance with the minimum requirements laid down in this Chapter, a switching service transferring, upon a request of the PEPP saver, any positive balance from a PEPPpersonal pension account held with the transferring provider to a new PEPPpersonal pension account opened with the receiving provider, withhile closing the former PEPPpersonal pension account.
2018/05/04
Committee: EMPL
Amendment 460 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
The switching service mayshall be provided by PEPP providers establishedoth in the same Member State (domestic switching) orand in differentthe Member States to which the saver moves and establishes his residence (cross-border switching).
2018/05/04
Committee: EMPL
Amendment 486 #
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
1. PEPPThe Member States shall permit providers mayto make available to PEPP savers one or more of the following forms of out- payments:
2018/05/04
Committee: EMPL
Amendment 488 #
Proposal for a regulation
Article 52 – paragraph 1 a (new)
1a. Member States may stipulate the withdrawal terms they wish to adopt at national level and may choose a withdrawal arrangement or arrangements from among those proposed by this Regulation.
2018/05/04
Committee: EMPL
Amendment 495 #
Proposal for a regulation
Article 53 – paragraph 1
1. TMember States shall ensure that the competent authority of the PEPP provider shall supervises compliance with this RegulationDirective on an ongoing basis. ItThey shall also bensure it is responsible for supervising compliance with the obligations set out in the rules or instruments of incorporation of the PEPP provider, and the adequacy of its arrangements and organisation with the tasks to be fulfilled when providing a PEPPpersonal pension schemes.
2018/05/04
Committee: EMPL
Amendment 496 #
Proposal for a regulation
Article 53 – paragraph 2
2. EIOPA shall monitor pension schemes established or distributed in the territory of the Union to verify that they do not use the designation "PEPP" or suggest that they are a PEPP unless they are authorised under, and comply with, this Regulation.deleted
2018/05/04
Committee: EMPL
Amendment 498 #
Proposal for a regulation
Article 55 – paragraph 5 – subparagraph 1
In order to ensure consistent application of this Article, EIOPA, in cooperation with the national authorities, shall develop draft implementing technical standardguidelines specifying the details of the mechanism for cooperation and exchange of information, together with the requirements needed to present the information above in a standardised format allowing for comparison.
2018/05/04
Committee: EMPL
Amendment 499 #
Proposal for a regulation
Article 55 – paragraph 5 – subparagraph 2
EIOPA shall submit those draft implementing technical standards to the Commission by … [within 9 months after the entry into force of the Regulation]As soon as the implementing technical guidelines have been drawn up, EIOPA shall submit them to the national authorities.
2018/05/04
Committee: EMPL
Amendment 500 #
Proposal for a regulation
Article 55 – paragraph 5 – subparagraph 3
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.deleted
2018/05/04
Committee: EMPL
Amendment 501 #
Proposal for a regulation
Article 55 – paragraph 5 – subparagraph 3 a (new)
Where competent authorities issue a reasoned opinion requesting that the distribution of a PEPP be suspended or halted, EIOPA and the competent authorities shall jointly assess the situation and decide on the action to be taken.
2018/05/04
Committee: EMPL
Amendment 502 #
Proposal for a regulation
Article 56
56 [...]deleted
2018/05/04
Committee: EMPL
Amendment 504 #
Proposal for a regulation
Article 62
62 Exercise of the delegationCommittee 1. The Commission shall be assisted by the [XXX] Committee, established by [XXX]. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. (This amendment replaces Article 62 in full)
2018/05/04
Committee: EMPL
Amendment 509 #
Proposal for a regulation
Article 63 a (new)
Article 63a Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OJ please insert date: three years after the entry into force of the Directive]. They shall immediately communicate the text of those provisions to the Commission. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
2018/05/04
Committee: EMPL
Amendment 510 #
Proposal for a regulation
Article 64 – paragraph 2
This Regulation shall be binding in its entirety and directly applicable in all Member States.deleted
2018/05/04
Committee: EMPL
Amendment 511 #
Proposal for a regulation
Article 64 a (new)
Article 64a Addressees This Directive is addressed to the Member States.
2018/05/04
Committee: EMPL