Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ECON |
GUALTIERI Roberto ( S&D)
|
BALZ Burkhard ( PPE),
VAN OVERTVELDT Johan ( ECR),
GIEGOLD Sven ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
TFEU 129-p4
Legal Basis:
TFEU 129-p4Events
PURPOSE: to amend Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank.
LEGISLATIVE ACT: Council Regulation (EU) 2015/373 amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank
CONTENT: Council Regulation (EC) No 2533/98 is a key component in the legal framework supporting the statistical information collection tasks of the European Central Bank (ECB) assisted by the national central banks (NCB).
Council Regulation (EU) No 1024/2013 confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions and the stability of the financial system within the Union and individual Member States.
In the context and on the basis of an ECB recommendation presented on 20 June 2014, this Regulation amends Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank.
In order to minimise the reporting burden on reporting agents, the Regulation stipulates that the ESCB may transmit confidential statistical information to authorities or bodies of the Member States and the Union responsible for the supervision of financial institutions, markets and infrastructures or for the stability of the financial system in accordance with Union or national law, and to the European Stability Mechanism (ESM), only to the extent and at the level of detail necessary for the performance of their respective tasks.
Those authorities should include the competent authorities responsible for the supervision of financial institutions, markets and infrastructures and macro-prudential oversight, the European Supervisory Authorities, the European Systemic Risk Board as well as authorities authorised to resolve credit institutions.
The authorities or bodies receiving confidential statistical information shall take all the necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information.
ENTRY INTO FORCE: 8.3.2015.
The European Parliament adopted by 541 votes to 98, with 49 abstentions, in the framework of a special legislative procedure (Parliament’s consultation), a legislative resolution on the draft Council regulation amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank.
Parliament approved the draft proposed in the recommendation of the European Central Bank (ECB) which aims to amend Regulation (EC) 2533/98 with a view to taking into account the ECB’s new supervisory tasks under Regulation (EU) No 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions ( SSM regulation ).
It has, however, introduced a number of amendments aiming to clarify the following issues:
any exemption of reporting agents shall be in the form of a motivated written decision. In addition, the decision shall be transparent and hence public; economic agents may be allowed to submit information through their regular reporting channel; the ECB shall respect the principle of proportionality in the definition and imposition of statistical reporting requirements; the right of verification is not necessarily exhausted with the right to access documents, books and records; the ECB shall have access to paper and computer databases containing unprocessed data points for the conduct on comparative statistical analyses; it is important to distinguish when imposing sanctions the types of misconduct and whether the infringement is intentional or negligent. Hence, incorrect information should refer to errors and not to intentional falsification or tampering; the ex-post falsification of data after submission of statistical information should be included amongst the bad faith conducts.
Lastly, Parliament considered that that such significant empowerment to transmit confidential data to a number of authorities needs to be balanced by a requirement of the receiving authorities to take all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of the confidential statistical information concerned.
The Committee on Economic and Monetary Affairs adopted in the framework of a special legislative procedure (Parliament’s consultation), the report by Roberto GUALTIERI (S&D, IT) on the draft Council regulation amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank.
The committee approved the draft proposed in the recommendation of the European Central Bank (ECB) which aims to amend Regulation (EC) 2533/98 with a view to taking into account the ECB’s new supervisory tasks under Regulation (EU) No 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions ( SSM regulation ).
It has introduced a number of amendments aiming to clarify the following issues:
any exemption of reporting agents shall be in the form of a motivated written decision. In addition, the decision shall be transparent and hence public; the ECB shall respect the principle of proportionality in the definition and imposition of statistical reporting requirements; the right of verification is not necessarily exhausted with the right to access documents, books and records; the ECB shall have access to paper and computer databases containing unprocessed data points for the conduct on comparative statistical analyses; it is important to distinguish when imposing sanctions the types of misconduct and whether the infringement is intentional or negligent. Hence, incorrect information should refer to errors and not to intentional falsification or tampering; the ex-post falsification of data after submission of statistical information should be included amongst the bad faith conducts.
Lastly, Members considered that that such significant empowerment to transmit confidential data to a number of authorities needs to be balanced by a requirement of the receiving authorities to take all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of the confidential statistical information concerned.
PURPOSE: to amend Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank.
PROPOSED ACT: Recommendation for a Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: Council Regulation (EC) No 2533/98 is a key component in the legal framework supporting the statistical information collection tasks of the European Central Bank (ECB) assisted by the national central banks (NCB).
The ECB has consistently relied on this Regulation to carry out and monitor the coordinated collection of statistical information necessary to undertake the tasks of the European System of Central Banks (ESCB), including the task of contributing to the smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system.
Council Regulation (EU) No 1024/2013 confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions and the stability of the financial system within the Union and individual Member States.
To minimise the reporting burden on reporting agents and to enable proper performance of supervision of financial institutions, markets and infrastructures conferred on all competent authorities, it is necessary to amend Regulation (EC) No 2533/98.
CONTENT: in accordance with the procedure laid down in Article 129(4) of the Treaty on the Functioning of the European Union and in Article 41 of the Statute of the European System of Central Banks and of the European Central Bank, the recommendation presented by the ECB intends to amend Council Regulation (EC) No 2533/98 concerning the collection of statistical information by the ECB. It aims to:
specify that the ECB, on which specific functions in the field of prudential supervision of credit institutions have been conferred by Council Regulation 1024/2013, similarly to the NCBs on which specific functions in the field of prudential supervision have been conferred, may use confidential statistical information for the performance of these functions ; clarify that transmission of confidential statistical information between ESCB members and other authorities of the Member States and the Union responsible for (a) the supervision of financial institutions, markets and infrastructures, and (b) the stability of the financial system, to the European Stability Mechanism (ESB) may take place to support to respective tasks. Authorities may include, inter alia, the competent authorities responsible for supervision and macro-prudential oversight, the European Supervisory Authorities (ESA), the European Systematic Risk Board (ESRB) as well as authorities authorised to resolve credit institutions.
Documents
- Final act published in Official Journal: Regulation 2015/373
- Final act published in Official Journal: OJ L 064 07.03.2015, p. 0006
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0061/2014
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A8-0027/2014
- Amendments tabled in committee: PE539.836
- Amendments tabled in committee: PE541.325
- Document attached to the procedure: C(2014)7221
- Committee draft report: PE537.495
- Legislative proposal published: 11200/2014
- Committee draft report: PE537.495
- Document attached to the procedure: C(2014)7221
- Amendments tabled in committee: PE539.836
- Amendments tabled in committee: PE541.325
Activities
- Miguel VIEGAS
Plenary Speeches (3)
- 2016/11/22 Collection of statistical information by the European Central Bank (A8-0027/2014 - Roberto Gualtieri) PT
- 2016/11/22 The powers of the European Central Bank to impose sanctions - Collection of statistical information by the European Central Bank (debate) PT
- 2016/11/22 The powers of the European Central Bank to impose sanctions - Collection of statistical information by the European Central Bank (debate) PT
- Roberto GUALTIERI
Plenary Speeches (2)
- 2016/11/22 The powers of the European Central Bank to impose sanctions - Collection of statistical information by the European Central Bank (debate) IT
- 2016/11/22 The powers of the European Central Bank to impose sanctions - Collection of statistical information by the European Central Bank (debate) IT
- Notis MARIAS
- Olli REHN
Plenary Speeches (2)
- 2016/11/22 The powers of the European Central Bank to impose sanctions - Collection of statistical information by the European Central Bank (debate) FI
- 2016/11/22 The powers of the European Central Bank to impose sanctions - Collection of statistical information by the European Central Bank (debate) FI
- Kay SWINBURNE
Plenary Speeches (2)
- Marina ALBIOL GUZMÁN
Plenary Speeches (1)
- Jonathan ARNOTT
Plenary Speeches (1)
- Burkhard BALZ
- Zigmantas BALČYTIS
Plenary Speeches (1)
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Marie-Christine BOUTONNET
Plenary Speeches (1)
- Steeve BRIOIS
Plenary Speeches (1)
- Gianluca BUONANNO
Plenary Speeches (1)
- Alain CADEC
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Salvatore CICU
Plenary Speeches (1)
- Alberto CIRIO
Plenary Speeches (1)
- Therese COMODINI CACHIA
Plenary Speeches (1)
- Javier COUSO PERMUY
Plenary Speeches (1)
- Rachida DATI
Plenary Speeches (1)
- Isabella DE MONTE
Plenary Speeches (1)
- Pablo ECHENIQUE
Plenary Speeches (1)
- Mireille D'ORNANO
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Lorenzo FONTANA
Plenary Speeches (1)
- Doru-Claudian FRUNZULICĂ
Plenary Speeches (1)
- Ildikó GÁLL-PELCZ
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Pablo IGLESIAS
Plenary Speeches (1)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- Marc JOULAUD
Plenary Speeches (1)
- Ivan JAKOVČIĆ
Plenary Speeches (1)
- Philippe JUVIN
Plenary Speeches (1)
- Barbara KAPPEL
Plenary Speeches (1)
- Afzal KHAN
Plenary Speeches (1)
- Giovanni LA VIA
Plenary Speeches (1)
- Bernd LUCKE
- Paloma LÓPEZ BERMEJO
Plenary Speeches (1)
- Ivana MALETIĆ
- Michał MARUSIK
- Dominique MARTIN
Plenary Speeches (1)
- Barbara MATERA
Plenary Speeches (1)
- David MARTIN
Plenary Speeches (1)
- Jean-Luc MÉLENCHON
Plenary Speeches (1)
- Bernard MONOT
Plenary Speeches (1)
- Marlene MIZZI
Plenary Speeches (1)
- Sophie MONTEL
Plenary Speeches (1)
- Renaud MUSELIER
Plenary Speeches (1)
- Cora van NIEUWENHUIZEN
- Patrick O'FLYNN
- Franz OBERMAYR
Plenary Speeches (1)
- Stanisław OŻÓG
- Florian PHILIPPOT
Plenary Speeches (1)
- Andrej PLENKOVIĆ
Plenary Speeches (1)
- Salvatore Domenico POGLIESE
Plenary Speeches (1)
- Marcus PRETZELL
Plenary Speeches (1)
- Franck PROUST
Plenary Speeches (1)
- Fernando RUAS
Plenary Speeches (1)
- Matteo SALVINI
Plenary Speeches (1)
- Lola SÁNCHEZ CALDENTEY
Plenary Speeches (1)
- Maria Lidia SENRA RODRÍGUEZ
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Theodor Dumitru STOLOJAN
- Richard SULÍK
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Tibor SZANYI
Plenary Speeches (1)
- Ángela VALLINA
Plenary Speeches (1)
- Janusz ZEMKE
- Inês Cristina ZUBER
Plenary Speeches (1)
Votes
A8-0027/2014 - Roberto Gualtieri - Vote unique #
ALDE
NI
GUE/NGL
EFDD| Amendments | Dossier |
| 19 |
2014/0808(CNS)
2014/10/20
ECON
19 amendments...
Amendment 10 #
Draft regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 2533/98 Article 6 – paragraph 1 – point b 2. In Article 6(1), point (b) is replaced by the following: “(b) examine the books and records of the reporting agents
Amendment 11 #
Draft regulation Article 1 – paragraph 1 – point 3 (new) Regulation (EC) No 2533/98 Article 6 – paragraph 1 – point e (new) 3. In Article 6(1), the following point is added: "(e) run comparative statistical analysis."
Amendment 12 #
Draft regulation Article 1 – paragraph 1 – point 4 (new) Regulation (EC) No 2533/98 Article 6 – paragraph 7 (new) 4. In Article 6, the following paragraph is added: "7. In the case of infringement, the ECB shall produce a written report. The report shall be made public."
Amendment 13 #
Draft regulation Article 1 – paragraph 1 – point 1 (new) Regulation (EC) No 2533/98 Article 7 – paragraph 2 – point b 1. Article 7 of Regulation (EC) No 2533/98 is amended as follows: In paragraph 2, point (b) is replaced by the following: “(b) the statistical information is falsified, manipulated, incorrect,
Amendment 14 #
Draft regulation Article 1 – paragraph 1 – point 2 (new) Regulation (EC) No 2533/98 Article 7 – paragraph 3 2. Paragraph 3 is replaced by the following: “3. The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the falsification and/or removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection.”
Amendment 15 #
Draft regulation Article 1 – paragraph 1 – point -1 – point 3 (new) Regulation (EC) No 2533/98 Article 7– paragraph 4 – point a 3. In paragraph 4, point (a) is replaced by the following: “(a) in the event of an infringement as defined in paragraph 2(a), a daily penalty payment not exceeding EUR 100 000, with the total fine not exceeding EUR 1 000 000;"
Amendment 16 #
Draft regulation Article 1 – paragraph 1 – point -1 – point 4 (new) Regulation (EC) No 2533/98 Article 7 – paragraph 4 – point b 4. In paragraph 4, point (b) is replaced by the following: “(b) in the event of an infringement as defined in paragraph 2(b), a fine not exceeding EUR 200 000 when the statistical information provided is incorrect, incomplete or in a form not complying with the requirement, and a fine not exceeding EUR
Amendment 17 #
Draft regulation Article 1 – paragraph 1 – point -1 – point 5 (new) Regulation (EC) No 2533/98 Article 7 – paragraph 4 – point c 5. In paragraph 4, point (c) is replaced by the following: “(c) in the event of an infringement as defined in paragraph 3, a fine not exceeding EUR 2 000 000."
Amendment 18 #
Draft regulation Article 1 – paragraph 1 – point -1 – point 6 (new) Regulation (EC) No 2533/98 Article 7 – paragraph 6 6. Paragraph 6 is replaced by the following: “6. In exercising the powers provided for in this Article the ECB shall act in accordance with the principles and procedures as set out in the Council Regulation (EC) concerning the powers of the European Central Bank to impose sanctions and in Regulation (EU) No 1024/2013".
Amendment 19 #
Draft regulation Article 1 – paragraph 1 – point -1 – point 7 (new) Regulation (EC) No 2533/98 Article 7 – paragraph 6 a (new) 7. The following paragraph is added: "6a. The proceeds from the sanctions set out in paragraph 4 shall belong to the Bank Resolution Fund. Alternatively, they shall become an own resource of the Union".
Amendment 20 #
Draft regulation Article 1 – paragraph 1 – point -1 – point 8 (new) Regulation (EC) No 2533/98 Article 7 – paragraph 6b (new) 8. The following paragraph is added: "6b. The ECB shall update the fines set out in paragraph 4 every five years in accordance with the inflation rate of the euro area."
Amendment 21 #
Draft regulation Article 1 – point 3a (new) Regulation (EC) No 2533/98 Article 8 – paragraph 4b (new) Amendment 3 #
Draft legislative resolution Citation 2 a (new) - having regard to the Memorandum of Understanding on the cooperation between the Members of the European Statistical System and the Members of the European System of Central Banks of 24 April 2013,
Amendment 4 #
Draft regulation Article 1 – point -1 – point 1 (new) Regulation (EC) 2533/98 Article 3 – paragraph 1 – point c 1. In the first paragraph of Article 3, point (c) is replaced by the following: "(c) may fully or partly exempt specific classes of reporting agents from its statistical reporting requirements. Any exemption of specific classes of reporting agents shall adopt the form of a motivated written decision. This decision shall be made public."
Amendment 5 #
Draft regulation Article 1 – point -1 – point 1 (new) Regulation (EC) No 2533/98 Article 3 – paragraph 1 – point d (new) 1. In the first paragraph of Article 3, the following point is added: “(d) shall take into account relevant provisions in the Union legislation on the market coverage and the scope of data collection.”
Amendment 6 #
Draft regulation Article 1 – point -1 – point 2 (new) Regulation (EC) No 2533/98 Article 3 – paragraph 1a (new) 2. In Article 3, the following paragraph is inserted after the first paragraph: "Economic agents shall be allowed to submit information through their regular reporting channel."
Amendment 7 #
Draft regulation Article 1 – paragraph -1a – point 1 (new) 1. Article 4 is replaced by the following: “Article 4 Obligations of Member States Member States shall organise themselves in the field of statistics and shall fully cooperate with the ESCB in order to ensure the fulfilment of the obligations arising out of Article 5 of the Statute. The ECB shall carry out information and training workshops as needed with reporting agents regarding reporting requirements."
Amendment 8 #
Draft regulation Article 1 – point -1b – point 1 (new) Regulation (EC) No 2533/98 Article 5 – paragraph 1 1. In Article 5, paragraph 1 is replaced by the following: "1. The ECB may adopt regulations for the definition and imposition of its statistical reporting requirements on the actual reporting population of participating Member States. The ECB shall respect the principle of proportionality in the definition and imposition of statistical reporting requirements."
Amendment 9 #
Draft regulation Article 1 – point -1b – point 1 (new) Regulation (EC) No 2533/98 Article 6 – paragraph 1 – introductory part 1. In Article 6(1), the introductory part is replaced by the following: “1. If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (10). The right to verify statistical information or to carry out compulsory collection thereof shall comprise in particular the right to:”
source: 541.325
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