BETA


2018/0047(COD) Markets in financial instruments: crowdfunding service providers

Progress: Awaiting Council 1st reading position / budgetary conciliation convocation

RoleCommitteeRapporteurShadows
Lead ECON NAGTEGAAL Caroline (icon: ALDE ALDE) VANDENKENDELAERE Tom (icon: PPE PPE), KAILI Eva (icon: S&D S&D), FOX Ashley (icon: ECR ECR), MATIAS Marisa (icon: GUE/NGL GUE/NGL), SCOTT CATO Molly (icon: Verts/ALE Verts/ALE), VALLI Marco (icon: EFDD EFDD)
Committee Opinion ITRE
Committee Opinion IMCO
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 053-p1

Events

2019/03/27
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 516 votes to 57 with 36 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/65/EU on markets in financial instruments.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal.

The proposal aims to amend the scope of Directive 2014/65/EU in order to exempt crowdfunding service providers from the obligations arising from Directive 2014/65/EU on markets in financial instruments. Also exempted are legal persons providing crowdfunding services in accordance with national law, as long as they are below the threshold of Article 2(d) of the Regulation of the European Parliament and of the Council on European crowdfunding service providers.

The objective is to broaden access to finance for innovative companies, start-ups and other unlisted companies.

The amended text underlined in this respect that crowdfunding is a financial technology solution that provides SMEs, and, in particular, start-ups and scale-ups, with alternative access to finance, in order to promote innovative entrepreneurship in the Union, thereby strengthening the Capital Markets Union (CMU).

That in turn contributes to a more diversified financial system that is less dependent on bank financing, therefore limiting systemic and concentration risks.

In view of the lack of transparency in the markets for virtual currencies, a new recital invited the Commission to keep virtual currencies under constant review and to propose clear guidelines setting out the conditions that a virtual currency must meet in order to be considered a financial instrument. If the Commission concludes that it is necessary to regulate virtual currencies, it should submit a proposal on this subject to the European Parliament and the Council.

Documents
2018/11/09
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Economic and Monetary Affairs adopted the report by Caroline NAGTEGAAL (ALDE, NL) on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/65/EU on markets in financial instruments.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.

The proposal aims to amend the scope of Directive 2014/65/EU in order to exempt crowdfunding service providers from the obligations arising from Directive 2014/65/EU on markets in financial instruments. The objective is to broaden access to finance for innovative companies, start-ups and other unlisted companies.

The amended text underlined in this respect that crowdfunding is a financial technology solution that provides SMEs, and, in particular, start-ups and scale-ups, with alternative access to finance, in order to promote innovative entrepreneurship in the Union , thereby strengthening the Capital Markets Union (CMU).

That in turn contributes to a more diversified financial system that is less dependent on bank financing, therefore limiting systemic and concentration risks.

In view of the lack of transparency in the markets for virtual currencies, a new recital invited the Commission to keep virtual currencies under constant review and to propose clear guidelines setting out the conditions that a virtual currency must meet in order to be considered a financial instrument. If the Commission concludes that it is necessary to regulate virtual currencies, it should submit a proposal on this subject to the European Parliament and the Council.

Documents
2018/11/05
   EP - Vote in committee, 1st reading/single reading
2018/11/05
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/09/12
   EP - Amendments tabled in committee
Documents
2018/07/26
   EP - Committee draft report
Documents
2018/05/31
   EP - Responsible Committee
2018/05/14
   ES_CONGRESS - Contribution
Documents
2018/05/14
   PT_PARLIAMENT - Contribution
Documents
2018/04/16
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/03/08
   EC - Legislative proposal published
Details

PURPOSE: to amend Directive 2014/65/EU on markets in financial instruments with the aim of extending access to finance to innovative companies, start-ups and other non-listed companies.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: crowdfunding is a financing model normally involves the project owners that propose the project to be funded, investors that support the proposed project through funding and a moderating platform that brings the parties together to finance and launch the project in question. Crowdfunding platforms are increasingly used as a tool to finance various activities for small and nascent firms.

Some Member States have already introduced domestic bespoke regimes on crowdfunding. However, Member States tailor their regulatory frameworks to the characteristics and needs of local markets and investors, which results in differences of how the rules are designed and implemented with respect to the conditions of operation of crowdfunding platforms, scope of permitted activities and licencing requirements. Due to the lack of an appropriate EU framework for crowdfunding activity, crowdfunding services providers are facing difficulties in scaling their operations and cross-border flows remain limited.

The proposal for a regulation on European crowdfunding service providers aims to facilitate their provision on a cross-border basis, while managing operational risks and ensuring a high degree of transparency and investor protection.

In the interest of legal certainty and in order to avoid the application of requirements stemming from Directive 2014/65/EU to the provision of crowdfunding services, it is necessary to explicitly specify that Directive 2014/65/EU does not apply to persons authorised as crowdfunding service providers as defined in the proposed regulation on European crowdfunding service providers.

This initiative is related to part of the Commission's priority of establishing a Capital Market Union (CMU), which aims to broaden access to finance for innovative companies, start-ups and other unlisted firms.

IMPACT ASSESSMENT: the main economic and social impacts have been thoroughly examined in the impact assessment accompanying the proposal for a regulation of the European Parliament and of the Council on European crowdfunding service providers.

CONTENT: this proposal amends the scope of Directive 2014/65/EU in order to exempt crowdfunding service providers from the obligations arising from Directive 2014/65/EU on markets in financial instruments.

Documents

Votes

A8-0362/2018 - Caroline Nagtegaal - Vote unique 27/03/2019 17:06:00.000

2019/03/27 Outcome: +: 516, -: 57, 0: 36
DE IT FR PL GB ES BE RO BG HU SE PT AT NL SK CZ FI DK HR LT SI LV MT LU EE IE EL CY
Total
83
59
60
40
60
49
21
19
15
17
16
20
16
25
11
17
9
11
8
8
8
7
6
4
4
8
7
1
icon: PPE PPE
170

United Kingdom PPE

2

Luxembourg PPE

1

Estonia PPE

For (1)

1

Greece PPE

For (1)

1
icon: S&D S&D
158

Netherlands S&D

3

Czechia S&D

2

Finland S&D

1

Croatia S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Ireland S&D

For (1)

1

Greece S&D

1
icon: ALDE ALDE
59

Germany ALDE

3

United Kingdom ALDE

1

Romania ALDE

2

Sweden ALDE

2

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

For (1)

1

Lithuania ALDE

1

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2

Ireland ALDE

For (1)

1
icon: ECR ECR
58

Romania ECR

For (1)

1

Bulgaria ECR

1

Sweden ECR

2

Netherlands ECR

2

Slovakia ECR

2

Czechia ECR

2

Finland ECR

1

Croatia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
44

France Verts/ALE

3

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

2

Netherlands Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: EFDD EFDD
36

Germany EFDD

Against (1)

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1
icon: ENF ENF
31

Germany ENF

Against (1)

1

United Kingdom ENF

2

Belgium ENF

Abstain (1)

1

Netherlands ENF

4
icon: NI NI
13

Italy NI

For (1)

1

France NI

2

Poland NI

Against (1)

2

United Kingdom NI

For (1)

Against (2)

3

Hungary NI

For (1)

1
icon: GUE/NGL GUE/NGL
40

Italy GUE/NGL

2

United Kingdom GUE/NGL

Against (1)

1

Sweden GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Greece GUE/NGL

1

Cyprus GUE/NGL

Against (1)

1

A8-0362/2018 - Caroline Nagtegaal - Vote unique

2019/03/27 Outcome: +: 516, -: 57, 0: 36
DE IT FR PL GB ES BE RO BG HU SE PT AT NL SK CZ FI DK HR LT SI LV MT LU EE IE EL CY
Total
83
59
60
40
60
48
21
19
15
17
16
20
16
25
11
17
9
11
8
8
8
7
6
4
4
8
7
1
icon: PPE PPE
170

United Kingdom PPE

2

Luxembourg PPE

1

Estonia PPE

For (1)

1

Greece PPE

For (1)

1
icon: S&D S&D
158

Netherlands S&D

3

Czechia S&D

2

Finland S&D

1

Croatia S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Ireland S&D

For (1)

1

Greece S&D

1
icon: ALDE ALDE
58

Germany ALDE

3

United Kingdom ALDE

1

Romania ALDE

2

Sweden ALDE

2

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

For (1)

1

Lithuania ALDE

1

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2

Ireland ALDE

For (1)

1
icon: ECR ECR
58

Romania ECR

For (1)

1

Bulgaria ECR

1

Sweden ECR

2

Netherlands ECR

2

Slovakia ECR

2

Czechia ECR

2

Finland ECR

1

Croatia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
44

France Verts/ALE

3

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

2

Netherlands Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: EFDD EFDD
36

Germany EFDD

Against (1)

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1
icon: ENF ENF
31

Germany ENF

Against (1)

1

United Kingdom ENF

2

Belgium ENF

Abstain (1)

1

Netherlands ENF

4
icon: NI NI
13

Italy NI

For (1)

1

France NI

2

Poland NI

Against (1)

2

United Kingdom NI

For (1)

Against (2)

3

Hungary NI

For (1)

1
icon: GUE/NGL GUE/NGL
40

Italy GUE/NGL

2

United Kingdom GUE/NGL

Against (1)

1

Sweden GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

3

Greece GUE/NGL

1

Cyprus GUE/NGL

Against (1)

1
AmendmentsDossier
9 2018/0047(COD)
2018/09/12 ECON 9 amendments...
source: 627.782

History

(these mark the time of scraping, not the official date of the change)

activities
  • date
    2018-03-08T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0099/COM_COM(2018)0099_EN.pdf
      text
      • PURPOSE: to amend Directive 2014/65/EU on markets in financial instruments with the aim of extending access to finance to innovative companies, start-ups and other non-listed companies.

        PROPOSED ACT: Directive of the European Parliament and of the Council.

        ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

        BACKGROUND: crowdfunding is a financing model normally involves the project owners that propose the project to be funded, investors that support the proposed project through funding and a moderating platform that brings the parties together to finance and launch the project in question. Crowdfunding platforms are increasingly used as a tool to finance various activities for small and nascent firms.

        Some Member States have already introduced domestic bespoke regimes on crowdfunding. However, Member States tailor their regulatory frameworks to the characteristics and needs of local markets and investors, which results in differences of how the rules are designed and implemented with respect to the conditions of operation of crowdfunding platforms, scope of permitted activities and licencing requirements. Due to the lack of an appropriate EU framework for crowdfunding activity, crowdfunding services providers are facing difficulties in scaling their operations and cross-border flows remain limited.

        The proposal for a regulation on European crowdfunding service providers aims to facilitate their provision on a cross-border basis, while managing operational risks and ensuring a high degree of transparency and investor protection.

        In the interest of legal certainty and in order to avoid the application of requirements stemming from Directive 2014/65/EU to the provision of crowdfunding services, it is necessary to explicitly specify that Directive 2014/65/EU does not apply to persons authorised as crowdfunding service providers as defined in the proposed regulation on European crowdfunding service providers.

        This initiative is related to part of the Commission's priority of establishing a Capital Market Union (CMU), which aims to broaden access to finance for innovative companies, start-ups and other unlisted firms.

        IMPACT ASSESSMENT: the main economic and social impacts have been thoroughly examined in the impact assessment accompanying the proposal for a regulation of the European Parliament and of the Council on European crowdfunding service providers.

        CONTENT: this proposal amends the scope of Directive 2014/65/EU in order to exempt crowdfunding service providers from the obligations arising from Directive 2014/65/EU on markets in financial instruments.

      title
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      DOMBROVSKIS Valdis
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New
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2.50.08
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  • Amending Directive 2014/65/EU
  • See also
activities/0/docs/0/text
  • PURPOSE: to amend Directive 2014/65/EU on markets in financial instruments with the aim of extending access to finance to innovative companies, start-ups and other non-listed companies.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

    BACKGROUND: crowdfunding is a financing model normally involves the project owners that propose the project to be funded, investors that support the proposed project through funding and a moderating platform that brings the parties together to finance and launch the project in question. Crowdfunding platforms are increasingly used as a tool to finance various activities for small and nascent firms.

    Some Member States have already introduced domestic bespoke regimes on crowdfunding. However, Member States tailor their regulatory frameworks to the characteristics and needs of local markets and investors, which results in differences of how the rules are designed and implemented with respect to the conditions of operation of crowdfunding platforms, scope of permitted activities and licencing requirements. Due to the lack of an appropriate EU framework for crowdfunding activity, crowdfunding services providers are facing difficulties in scaling their operations and cross-border flows remain limited.

    The proposal for a regulation on European crowdfunding service providers aims to facilitate their provision on a cross-border basis, while managing operational risks and ensuring a high degree of transparency and investor protection.

    In the interest of legal certainty and in order to avoid the application of requirements stemming from Directive 2014/65/EU to the provision of crowdfunding services, it is necessary to explicitly specify that Directive 2014/65/EU does not apply to persons authorised as crowdfunding service providers as defined in the proposed regulation on European crowdfunding service providers.

    This initiative is related to part of the Commission's priority of establishing a Capital Market Union (CMU), which aims to broaden access to finance for innovative companies, start-ups and other unlisted firms.

    IMPACT ASSESSMENT: the main economic and social impacts have been thoroughly examined in the impact assessment accompanying the proposal for a regulation of the European Parliament and of the Council on European crowdfunding service providers.

    CONTENT: this proposal amends the scope of Directive 2014/65/EU in order to exempt crowdfunding service providers from the obligations arising from Directive 2014/65/EU on markets in financial instruments.

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Markets in financial instruments: crowdfunding service providers
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