Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Former Responsible Committee | JURI | JANSSEN VAN RAAY James L. ( PPE) |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 057-p2
Legal Basis:
EC before Amsterdam E 057-p2Subjects
Events
PURPOSE: to modify the Framework Directives for the financial services sector, which comprises banks (Second Banking Directive), insurance (third-generation insurance Directives) and movable property (Investment Services Directive), with the objective of strengthening the powers of the supervisory authorities to make them better able to prevent fraud and other irregularities. LEGISLATIVE ACT : Directive 95/26/EC of the European Parliament and of the Council
amending Directives 77/780/EEC and 89/646/EEC in the field of credit institutions, Directives 73/239/EEC and 92/49/EEC in the field of non-life insurance, Directives 79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities (Ucits), with a view to reinforcing prudential supervision.
CONTENT : The Directive makes the following provisions:
-when a financial undertaking forms part of a group, the structure of the group must be sufficiently transparent to allow adequate monitoring of that financial undertaking. To that end, sufficient information must be disclosed to the competent authorities at the time of initial authorisation;
-the Directive used the term "close links" instead of "grouping";
-the Directive clarifies and extends the definition of the term "close links" with a view to facilitating surveillance of a group by including natural persons, subsidiary undertakings of a subsidiary undertaking and sister companies permanently linked to one and the same person by a control relationship; -the head offices of credit institutions and insurance undertakings should be situated in the same Member State as their registered offices. The situation of certain undertakings that did not have company status was taken into consideration;
- there are additions to the list of bodies with which the competent authorities could exchange confidential information concerning surveillance, by including authorities responsible for overseeing the bodies involved in the liquidation of financial undertakings and persons charged with carrying out the statutory audits of accounts;
-exchanges of information between, on the one hand, the competent authorities and, on the other, central banks and other bodies with a similar function in their capacity as monetary authorities and, where appropriate, other public authorities responsible for supervising payment systems are also authorized;
-the same obligation of professional secrecy on the authorities responsible for authorizing and supervising Ucits and the undertakings that take part in those activities and the same possibilities for exchanging information as those granted to the authorities responsible for authorizing and supervising credit institutions, investment firms and insurance undertakings, are included in Directive 85/611/EEC;
- an auditor has a duty to report promptly to the competent authorities, wherever, as provided for by this Directive, he becomes aware, while carrying out his tasks, of certain facts which are liable to have a serious effect on the financial situation or the administrative and accounting organization of a financial undertaking;
-the specific situation of monetary authorities and the authorities responsible for supervising payment systems is given special consideration.
DATE OF TRANSPOSITION : 18 July 1996
The Council adopted, insofar as it was concerned, a Directive amending Directives 77/780/EEC and 89/646/EEC in the field of credit institutions, Directives 73/239/EEC and 92/49/EEC in the field of non-life insurance, Directives 79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities (UCITS), with a view to reinforcing prudential supervision. This is the outcome of the conciliation procedure with the European Parliament (Article 189b of the EC Treaty), which led to the establishment of a joint text at the meeting on 30 March 1995 (see Joint Press Release 6125/95, Presse 104). The joint text was approved by the European Parliament on 18 May 1995.
In light of the amendments tabled by the EP, the Conciliation Committee agreed to clarify in Article 5(2) of the common position that, within the meaning of the Directive, the disclosure in good faith of certain information on the financial condition of a banking institution by auditors did not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision and did not involve such persons in liability of any kind. The joint text thus included this stipulation. Therefore, auditors who believed that they had information that demonstrated that a financial institution was in danger of bankruptcy should not fear any legal consequences as a result of disclosing this information to the competent authorities. Thus auditors enjoyed the necessary legal protection demanded by the sector for cooperation in the implementation of the Directive. As regards Amendment No 1 to Article 3, Parliament welcomed the clarification introduced by the Council and accepted the argument that any attempts to clarify the text further could lead to complications in the transposition of the Directive into national law. As a consequence, the EP delegation no longer felt that it needed to insist upon this first amendment.
Documents
- Final act published in Official Journal: Directive 1995/26
- Final act published in Official Journal: OJ L 168 18.07.1995, p. 0007
- Text adopted by Parliament, 3rd reading: OJ C 151 19.06.1995, p. 0166-0184
- Text adopted by Parliament, 3rd reading: T4-0203/1995
- Decision by Parliament, 3rd reading: T4-0203/1995
- Joint text approved by Conciliation Committee co-chairs: 03608/2/1995
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0106/1995
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: OJ C 151 19.06.1995, p. 0002
- Joint text approved by Conciliation Committee co-chairs: 03608/2/1995
- Report tabled for plenary, 3rd reading: A4-0106/1995
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1994)0549
- Text adopted by Parliament, 2nd reading: OJ C 323 21.11.1994, p. 0038-0056
- Text adopted by Parliament, 2nd reading: T4-0052/1994
- Decision by Parliament, 2nd reading: T4-0052/1994
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A4-0007/1994
- Committee recommendation tabled for plenary, 2nd reading: OJ C 323 21.11.1994, p. 0005
- Committee recommendation tabled for plenary, 2nd reading: A4-0007/1994
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1994)1174
- Council position: 06497/1/1994
- Council position: OJ C 213 03.08.1994, p. 0029
- Council position published: 06497/1/1994
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: COM(1994)0170
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1994)0170
- Text adopted by Parliament, 1st reading/single reading: OJ C 091 28.03.1994, p. 0037-0061
- Text adopted by Parliament, 1st reading/single reading: T3-0125/1994
- Decision by Parliament, 1st reading: T3-0125/1994
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: OJ C 077 14.03.1994, p. 0002
- Committee report tabled for plenary, 1st reading/single reading: A3-0085/1994
- Committee report tabled for plenary, 1st reading: A3-0085/1994
- Economic and Social Committee: opinion, report: CES1304/1993
- Economic and Social Committee: opinion, report: OJ C 052 19.02.1994, p. 0015
- Reconsultation: EUR-Lex
- Reconsultation: COM(1993)0570
- Legislative proposal: EUR-Lex
- Legislative proposal: OJ C 229 25.08.1993, p. 0010
- Legislative proposal: COM(1993)0363
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(1993)0363
- Legislative proposal: EUR-Lex OJ C 229 25.08.1993, p. 0010 COM(1993)0363
- Reconsultation: EUR-Lex COM(1993)0570
- Economic and Social Committee: opinion, report: CES1304/1993 OJ C 052 19.02.1994, p. 0015
- Committee report tabled for plenary, 1st reading/single reading: OJ C 077 14.03.1994, p. 0002 A3-0085/1994
- Text adopted by Parliament, 1st reading/single reading: OJ C 091 28.03.1994, p. 0037-0061 T3-0125/1994
- Modified legislative proposal: EUR-Lex COM(1994)0170
- Council position: 06497/1/1994 OJ C 213 03.08.1994, p. 0029
- Commission communication on Council's position: EUR-Lex SEC(1994)1174
- Committee recommendation tabled for plenary, 2nd reading: A4-0007/1994 OJ C 323 21.11.1994, p. 0005
- Text adopted by Parliament, 2nd reading: OJ C 323 21.11.1994, p. 0038-0056 T4-0052/1994
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1994)0549
- Joint text approved by Conciliation Committee co-chairs: 03608/2/1995
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0106/1995 OJ C 151 19.06.1995, p. 0002
- Text adopted by Parliament, 3rd reading: OJ C 151 19.06.1995, p. 0166-0184 T4-0203/1995
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