(1)

The financial crisis in 2007/2008 exposed important shortcomings in financial supervision, both in particular cases and in relation to the financial system as a whole. Nationally based supervisory models have lagged behind the integrated and interconnected reality of European financial markets, in which many financial firms operate across borders ▐. The crisis exposed shortcomings in the area of cooperation, coordination, consistent application of Union law and trust between national supervisors.

(1a)

The European Parliament has called regularly for the reinforcement of a more level playing-field for all actors at the Union level while pointing out failures in the Union’s supervision of ever more integrated financial markets.

(2)

A report published on 25 February 2009 by a high-level group of experts chaired by Jacques de Larosière (the de Larosière Report) , requested by the Commission, concluded that the supervisory framework should be strengthened to reduce the risk and severity of future financial crises. Accordingly, it recommended far-reaching reforms to the supervisory structure of the financial sector within the European Union. The de La Rosière Report also concluded that a European System of Financial Supervisors (ESFS) should be created, comprising three European Supervisory Authorities (ESA) – one for each of the banking ▐, the securities ▐ and ▐ the insurance and occupational pensions sectors – and the creation of a European Systemic Risk Board.

(3)

The Commission in its Communication of 4 March 2009 entitled ‘Driving European Recovery’ (5) proposed to put forward draft legislation creating the ESFS and in its Communication of 27 May 2009 entitled ‘European Financial Supervision’ (6) provided more details of the possible architecture of that new supervisory framework.

(4)

The European Council, in its conclusions of 19 June 2009, recommended that a European System of Financial Supervisors, comprising three new ESA , be established. The system should be aimed at upgrading the quality and consistency of national supervision, strengthening oversight of cross-border groups, establishing a European single rule book applicable to all financial institutions in the internal market and ensuring adequate harmonisation of criteria and methodology to be applicable by the competent authorities to assess the risk of credit institutions . It emphasised that the ESA should also have supervisory powers for credit rating agencies and invited the Commission to prepare concrete proposals on how the ESFS could play a strong role in crisis situations.

(5)

On 23 September 2009, the Commission adopted proposals for three Regulations establishing the ESFS including the creation of the three ESA .

(6)

In order for the ESFS to work effectively, changes to Union legislation in the field of the operation of the three ESA are necessary. These changes concern the definition of the scope of certain powers of the ESA , the integration of certain powers ▐ established in Union legislation and amendments to ensure a smooth and effective functioning in the context of the ESFS .

(7)

The establishment of the three ▐ ESA should be accompanied by the development of a single rule book to ensure consistent harmonisation and uniform application and thus contribute to a more effective functioning of the internal market. ▐

(7a)

The Regulations establishing the ESFS provide that, in the areas specifically set out in the relevant legislation, the ESA may develop draft technical standards, to be submitted to the Commission for adoption in accordance with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU) by means of delegated or implementing acts. This Directive identifies a first set of such areas and should be without prejudice to inclusion of other areas in the future.

(7b)

The relevant legislation should define those areas where the ESA are empowered to develop draft technical standards and how they should be adopted. While the relevant legislation should lay down the elements, conditions and specifications as detailed in Article 290 TFEU in the case of delegated acts, the rules and general principles concerning mechanisms for control of implementing acts should be based on Decision 1999/468/EC until the Regulation provided for in Article 291 TFEU is adopted.

(8)

The identification of areas for technical standards should strike an appropriate balance between building a single set of harmonised rules and avoiding unduly complicated regulation and enforcement. The only ▐ areas ▐ selected should be those in which consistent technical rules will contribute significantly and effectively to the achievement of the objectives of the relevant legislation, while ensuring that policy decisions are taken by the European Parliament, the Council and the Commission in accordance with their usual procedures .

(9)

Matters subject to technical standards should be genuinely technical, where their development requires the expertise of supervisory experts. The technical standards adopted as delegated acts should further develop, specify and determine the conditions for consistent harmonisation of the rules included in basic instruments adopted by the European Parliament and the Council , supplementing or amending certain non-essential elements of the legislative act. On the other hand, technical standards adopted as implementing acts should set conditions for the uniform application of legally binding EU acts. Technical standards should not give rise to policy choices. ▐

(9a)

In the case of delegated acts it is appropriate to introduce the procedure for adoption of technical standards provided for in Article 7 to 7d of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [ESMA], and of Regulation (EU) No …/2010 [EIOPA]. Implementing standards should be adopted in accordance with the procedure provided for in Article 7e of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [ESMA], and of Regulation (EU) No …/2010 [EIOPA]. The European Council endorsed the four-level ‘Lamfalussy’ approach to make the regulatory process for Union financial legislation more efficient and transparent. The Commission is empowered to adopt implementing acts in many areas, and a wide set of level-2 Commission Regulations and Directives is in force. In cases where the technical standards are designed to further develop, specify or determine the conditions of application of such level-2 measures, they should be adopted only once those level-2 measures have been adopted and should respect the content of the level-2 measure

(9b)

Binding technical standards contribute to a single rulebook for financial services legislation as endorsed by the European Council in its conclusions of June 2009. To the extent that certain requirements in EU legislative acts are not fully harmonised, and in accordance with the precautionary principle on supervision, binding technical standards developing, specifying or determining the conditions of application for those requirements should not prevent Member States from requiring additional information or imposing more stringent requirements. Technical standards should therefore allow Member States to do so in specific areas, when these legislative acts provide for such prudential discretion.

(10)

As set out in the Regulations establishing the ESFS, before submitting the technical standards to the Commission, the European Supervisory Authorities should, where appropriate, conduct open public consultations on them and analyse the potential related costs and benefits.

(11)

The Regulations establishing the ESFS provide for a mechanism to settle disagreements between competent national authorities. Where a competent authority disagrees with the procedure or content of an action or inaction by another competent authority in areas specified in Union legislation in accordance with Regulation (EU) No …/ 2010 [EBA], Regulation (EU) No …/ 2010 [ESMA] and Regulation (EU) No …/ 2010 [EIOPA], where the relevant legislation requires cooperation, coordination or joint decision making by competent national authorities from more than one Member State, the ESA , at the request of one of the competent authorities concerned, should be able to assist the authorities in reaching an agreement within the time limit set by the ESA which takes into account any relevant time limits in the relevant legislation, and the urgency and complexity of the disagreement. In the event that such disagreement persists, the ESA should be able to settle the matter.

(12)

In general, Article 11(1) of Regulation (EU) No …/ 2010 [EBA], of Regulation (EU) No …/ 2010 [ESMA] and of Regulation (EU) No …/ 2010 [EIOPA] that provides the possibility for disputes to be resolved in the Regulations establishing the ESFS does not require consequential changes to the relevant legislation. However, in those areas where some form of non-binding mediation is already established in the relevant legislation, or where there are time limits for joint decisions to be taken by one or more competent national authorities, amendments are needed to ensure clarity and minimum disruption to the process for reaching a joint decision, but also that where necessary, the ESA are able to resolve disagreements. The binding procedure for the settlement of disagreements is designed to solve situations where competent supervisors cannot resolve among themselves procedural or substantive issues relating to compliance with Union law.

(12a)

This Directive should therefore identify situations where a procedural or a substantive issue of compliance with Union law may need to be resolved and the supervisors may not be able to resolve the matter on their own. In such a situation, one of the supervisors involved should be able to raise the issue with the competent European Supervisory Authority. That European Supervisory Authority should act in accordance with the procedure set out in its establishing Regulation and in this Directive. It should be able to require the competent authorities concerned to take specific action or to refrain from action in order to settle the matter and to ensure compliance with Union law, with binding effects on the competent authorities concerned. In cases where the relevant Union legislation confers discretion on Member States, decisions taken by the European Supervisory Authority should not replace the exercise of discretion by the competent authorities in compliance with Union law.

(13)

Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (7) provides for mediation or joint decisions as regards the determination of significant branches for the purposes of supervisory college membership, model validation and group risk assessment. In all of these areas, an amendment should clearly state that in the event of disagreement during the specified time period, the European Banking Authority may resolve the disagreement using the process outlined in Regulation (EU) No …/2010 [EBA] . This approach makes it clear that , while the European Banking Authority should not replace the exercise of discretion by the competent authorities in compliance with Union law, disagreements can be resolved and cooperation strengthened before a final decision is made or issued to an institution.

(14)

In order to ensure for a smooth transition of the current tasks of the ▐ Committee of European Banking Supervisors (CEBS) , the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) and the Committee of European Securities Regulators (CESR) to the new ESAs, references to these Committees should be replaced in all the relevant legislation with references to the European Banking Authority (EBA) , the European Insurance and Occupational Pensions Authority (EIOPA) or the European Securities and Markets Authority (ESMA), respectively.

(14a)

The alignment of comitology procedures to the TFEU and, in particular, Articles 290 and 291 thereof, should be effected case by case and be fully completed within three years. In order to take account of the technical developments in the financial markets and to specify the requirements laid down in the amended directives, the Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU.

(14b)

The European Parliament and the Council should have three months from the date of notification to object to a delegated act. At the initiative of the European Parliament or the Council, that period should be able to be prolonged by three months in regard to significant areas of concern. The European Parliament and the Council may inform the other institutions of their intention not to raise objections. Such early approval of delegated acts is particularly appropriate when deadlines need to be met, for example to meet timetables set in the basic act for the Commission to adopt delegated acts.

(14c)

In Declaration 39 on Article 290 TFEU, annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, signed on 13 December 2007, the Conference took note of the Commission’s intention to continue to consult experts appointed by the Member States in the preparation of draft delegated acts in the financial services area, in accordance with its established practice.

(15)

The new supervisory architecture established by the ESFS will require national supervisory authorities to cooperate closely with the ESA . Amendments to the relevant legislation should ensure there are no legal obstacles to the information sharing obligations included in the Regulations ▐ establishing the ESA .

(15a)

Confidential information transmitted to or exchanged between competent authorities and the European Securities and Markets Authority or the European Systemic Risk Board should be covered by the obligation of professional secrecy, to which the persons employed or formerly employed by the competent authorities receiving the information are subject.

(16)

The Regulations establishing the ESFS ▐ provide that the ESA may develop contacts with supervisory authorities from third countries and shall assist in preparing equivalence decisions pertaining to supervisory regimes in third countries. Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (8) and Directive 2006/48/EC should be amended to allow the ESA to establish cooperation agreements with third countries and exchange information where those third countries can provide guarantees of professional secrecy.

(17)

Having a single consolidated list or register for each category of financial firms in the European Union , which is currently the duty of each national competent authority, will improve transparency and better reflects the single financial market. The ESA should be given the duty to establish, publish and regularly update registers and lists of financial actors within the European Union . This concerns the list of authorisations of credit institutions granted by national supervisors. It also concerns the register of all investment firms and the list of regulated markets under Directive 2004/39/EC. Similarly, ESMA should be given the duty to establish, publish and regularly update the list of approved prospectuses and the certificates of approval under Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading ▐ (9).

(18)

In those areas where the ESA are under an obligation to develop draft technical standards, those draft technical standards should be submitted to the Commission within three years of the creation of the ESA unless another deadline is established by the relevant regulation .

(18a)

The tasks of the ESMA in relation to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (10) should be without prejudice to the competence of the European System of Central Banks to promote the smooth operation of payment systems, in line with the fourth indent of Article 127(2) TFEU.

(18b)

The technical standards to be drafted by the EIOPA in accordance with this Directive and in relation to Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (11) should be without prejudice to the competences of Member States with regard to prudential requirements on such institutions as provided for in Directive 2003/41/EC.

(18c)

According to Article 13(5) of Directive 2003/71/EC on the prospectus to be published when securities are offered to the public or admitted to trading, the competent authority of the home Member State may transfer the approval of a prospectus to the competent authority of another Member State, subject to the agreement of that authority. Article 13(3) of Regulation (EU) No …/2010 [ESMA] requires that, in general, such delegation agreements be notified to the Authority at least one month before they are put into effect. However, given the experience in transfer of approval under Directive 2003/71/EC, which includes shorter deadlines, it is appropriate not to apply Article 13(3) of Regulation (EU) No …/2010 [ESMA] to this situation.

(18d)

The ESA should not at this stage develop draft technical standards on the existing requirements that the persons who effectively direct the business of investment firms, credit institutions, UCITS and their management companies be of sufficiently good repute and sufficiently experienced as to ensure their sound and prudent management. However, given the importance of these requirements, the ESA should give priority to identify the best practices in guidelines and to ensure the convergence of supervisory and prudential practices towards these best practices. They should do the same with respect to prudential requirements relative to the head office of these institutions.

(18e)

The purpose of developing draft technical standards in relation to the Internal Ratings Based approach, the Advanced Measurement Approach and the internal model for market risk approach, as provided for by this Directive, should be to ensure the quality and robustness of such approaches, as well as the consistency of their review by competent authorities. These standards should allow competent authorities to permit institutions to develop different approaches based on their experience and specificities, within the requirements of Directives 2006/48/EC and 2006/49/EC and subject to the requirements of the technical standards.

(19)

Since the objectives of this Directive, namely improving the functioning of the internal market by means of ensuring a high, effective and consistent level of prudential regulation and supervision, protecting depositors, investors and beneficiaries and thereby businesses and consumers, protecting the integrity, efficiency and orderly functioning of financial markets, maintaining the stability and sustainability of the financial system, preserving the real economy, safeguarding public finances and strengthening international supervisory coordination, cannot be sufficiently achieved by the Member States and can, therefore, by reason of scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(19a)

The Commission should, by 1 January 2014, report to the European Parliament and the Council on the submission by the ESA of the draft technical standards provided for in this Directive and present any appropriate proposals.

(20)

Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (12), Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate ▐ (13), Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (14), Directive 2003/41/EC ▐ (15), Directive 2003/71/EC, Directive 2004/39/EC, Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market ▐ (16), Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (17), Directive 2006/48/EC ▐ (18), Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (19), and Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (20) should therefore be amended accordingly,

(1)

Article 6(3) is replaced by the following:

‘3.   The Member State referred to in paragraph 2 shall immediately notify the European Systemic Risk Board, other Member States and the European Securities and Markets Authority established by Regulation (EU) No …/2010 of the European Parliament and of the Council (21) (ESMA) .

(2)

In Article 10(1) the first subparagraph is replaced by the following:

‘Member States shall specify the systems, and the respective system operators, which are to be included in the scope of this Directive and shall notify them to ESMA and inform it of the authorities chosen in accordance with Article 6(2). ESMA shall publish that information on its website.’.

(2a)

The following Article 10a is inserted:

‘Article 10a

1.     Competent authorities shall cooperate with the European Securities and Markets Authority for the purposes of this Directive, in accordance with Regulation (EU) No …/2010 [ESMA].

2.     Competent authorities shall provide, without delay, ESMA with all the information necessary to carry out its duties, in accordance with Article 20 of Regulation (EU) No …/2010 [ESMA].’.

(1)

Article 4 is amended as follows:

(1a)

In Article 9(2), the following point is added:

(1b)

The title of Section III is replaced by the following:

(1c)

The following article is inserted in Section 3:

‘Article -10

The Joint Committee shall, in accordance with Article 42 of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA] and of Regulation (EU) No …/2010 [ESMA], ensure coherent cross-sectoral and cross-border supervision and compliance with EU legislation.’.

(1d)

Article 10(1) is replaced by the following:

‘1.     In order to ensure adequate supplementary supervision of the regulated entities in a financial conglomerate, a single coordinator, responsible for coordination and exercise of supplementary supervision, shall be appointed from among the competent authorities of the Member States concerned, including those of the Member State in which the mixed financial holding company has its head office. The identity of the coordinator shall be published on the website of the JCESA.’.

(1e)

In Article 11(1), the second subparagraph is replaced by the following:

‘In order to facilitate and establish supplementary and European supervision on a broad legal basis, the coordinator, and the other relevant competent authorities, and where necessary other competent authorities concerned, shall have coordination arrangements in place. The coordination arrangements may entrust additional tasks to the coordinator and may specify the procedures for the decision-making process among the relevant competent authorities as referred to in Articles 3 and 4, Article 5(4), Article 6, Article 12(2) and Articles 16 and 18, and for cooperation with other competent authorities.

In accordance with Article 8 and the procedure set out in Article 42 of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA] and of Regulation (EU) No …/2010 [ESMA], the JCESA shall develop guidelines aimed at the convergence of supervisory practices with regard to the consistency of supervisory coordination arrangements in accordance with Article 131a of Directive 2006/48/EC and Article 248(4) of Directive 2009/138/EC.’.

(1f)

In Article 12(1), the third subparagraph is replaced by the following:

‘The competent authorities may also exchange with the following authorities such information as may be needed for the performance of their respective tasks, regarding regulated entities in a financial conglomerate, in line with the provisions laid down in the sectoral rules: central banks, the European System of Central Banks, the European Central Bank and the European Systemic Risk Board in accordance with Article 21 of Regulation (EU) No …/2010 [ESRB].’.

(1g)

The following article is inserted:

‘Article 12a

1.     The competent authorities shall cooperate with the JCESA for the purposes of this Directive, in accordance with Regulation (EU) No …/2010 [EBA], Regulation (EU) No …/2010 [EIOPA], and Regulation (EU) No …/2010 [ESMA].

2.     The competent authorities shall without delay provide the JCESA with all information necessary to carry out its duties, in accordance with Article 20 of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA], and of Regulation (EU) No …/2010 [ESMA].’.

(1h)

Article 14(1) is replaced by the following:

‘1.     Member States shall ensure that there are no legal impediments within their jurisdiction preventing the natural and legal persons included within the scope of supplementary and European supervision, whether or not a regulated entity, from exchanging amongst themselves any information which would be relevant for the purposes of supplementary and European supervision and from exchanging information in accordance with this Directive and with the European Supervisory Authorities in accordance with Article 20 of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA] and of Regulation (EU) No …/2010 [ESMA], where necessary through the JCESA.’.

(1i)

The second paragraph of Article 16 is replaced by the following:

‘Without prejudice to Article 17(2), the JCESA and Member States may determine what measures may be taken by the competent authorities with respect to mixed financial holding companies. In accordance with Article 8 and the procedure set out in Article 42 of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA] and of Regulation (EU) No …/2010 [ESMA], the JCESA may develop guidelines for measures in relation to mixed financial holding companies.’.

(2)

Article 18(1) is replaced by the following:

‘Without prejudice to the sectoral rules, where Article 5(3) applies, the competent authorities shall verify whether the regulated entities, the parent undertaking of which has its head office in a third country are subject to supervision by that third country’s competent authority, which is equivalent to that provided for by the provisions of this Directive on the supplementary supervision of regulated entities referred to in Article 5(2). The verification shall be carried out by the competent authority which would be the coordinator if the criteria set out in Article 10(2) were to apply, on the request of the parent undertaking or of any of the regulated entities authorised in the Union or on its own initiative.

That competent authority shall consult the other relevant competent authorities, and ▐ any applicable guidelines prepared through the JCESA in accordance with Articles 8 and 42 of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA] and of Regulation (EU) No …/2010 [ESMA] . For this purpose the competent authority shall consult the JCESA before taking a decision.’.

(2a)

In Article 18 the following paragraph is inserted:

‘1a.     Where a competent authority decides that a third country has equivalent supervision contrary to the opinion of another relevant competent authority, the latter may bring the matter to the attention of JCESA, which may act in accordance with Article 11 of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA] and of Regulation (EU) No …/2010 [ESMA].’.

(2b)

Article 19(2) is replaced by the following:

‘2.     Without prejudice to Article 218(1) and (2) TFEU, the Commission shall, with the assistance of the JCESA, the European Banking Committee, the European Insurance and Occupational Pensions Committee and the Financial Conglomerates Committee, examine the outcome of the negotiations referred to in paragraph 1 and the resulting situation.’.

(3)

The title of Chapter III before Article 20 is replaced by the following:

(4)

In Article 20(1) , the first subparagraph is replaced by the following:

‘1.     The Commission shall adopt by means of delegated acts in accordance with Articles 21, 21a and 21b, the adaptations to be made to this Directive in the following areas:

(5)

Article 21 is amended as follows:

(6)

The following articles are inserted:

‘Article 21a

Revocation of the delegation

1.     The delegation of powers referred to in Article 20(1) may be revoked at any time by the European Parliament or by the Council.

2.     The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation.

3.     The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 21b

Objections to delegated acts

1.     The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period may be extended by three months.

2.     If, on the expiry of that period neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.     If the European Parliament or the Council objects to a delegated act, it shall not enter into force. In accordance with Article 296 TFEU, the institution which objects shall state the reasons for objecting to the delegated act.

Article 21c

Technical Standards

1.   In order to ensure consistent harmonisation and uniform application of this Directive, the European Supervisory Authorities, in accordance with Articles 42 of Regulation (EU) No …/2010 [EBA] , Regulation (EU) No …/2010 [EIOPA] , and Regulation (EU) No …/2010 [ESMA] may develop ▐:

2.    Power is delegated to the Commission to adopt the draft regulatory standards referred to in points (a), (b) and (c) of paragraph 1 in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA], and of Regulation (EU) No …/2010 [ESMA]. Power is conferred on the Commission to adopt the draft implementing technical standards referred to in points (d), (e) and (f) of paragraph 1 in accordance with Article 7e of Regulation (EU) No …/2010 [EIOPA], and of Regulation (EU) No …/2010 [ESMA] .’.

(-1)

Article 1 is amended as follows:

(-1a)

Article 6 is amended as follows:

(-1b)

Article 8 is amended as follows:

(-1c)

Article 14(4) is replaced by the following:

‘(4)     Member States shall provide ESMA annually with aggregated information regarding all administrative measures and sanctions imposed in accordance with paragraphs 1 and 2.

The competent authority shall report to ESMA at the same time all sanctions which are disclosed to the public in accordance with the first subparagraph. Where a published sanction relates to an investment firm authorised in accordance with Directive 2004/39/EC, ESMA shall add a reference to the published sanction in the register of investment firms established under Article 5(3) of Directive 2004/39/EC.’.

(-1d)

The following article is inserted:

‘Article 15a

1.     The competent authorities shall cooperate with ESMA for the purposes of this Directive, in accordance with Regulation (EU) No …/2010 [ESMA].

2.     The competent authorities shall, without delay, provide ESMA with all information necessary to carry out its duties, in accordance with Article 20 of Regulation (EU) No …/2010 [ESMA].’.

(1)

▐ Article 16 is amended as follows:

(1a)

Article 17 is amended as follows:

(1b)

The following articles are inserted:

‘Article 17a

Revocation of the delegation

1.     The delegation of powers referred to in Article 1, Article 6(10), Article 8, Article 14(2) and Article 16(5) may be revoked at any time by the European Parliament or by the Council.

2.     The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation.

3.     The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 17b

Objections to delegated acts

1.     The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period may be extended by three months.

2.     If, on the expiry of that period neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.     If the European Parliament or the Council objects to a delegated act, it shall not enter into force. In accordance with Article 296 TFEU, the institutions which objects shall state the reasons for objecting to the delegated act.’.

(-1)

Article 9 is amended as follows:

(1)

Article 13 is amended as follows:

(1a)

In Article 14(4), the second subparagraph is replaced by the following:

‘Any decision to prohibit the activities of an institution shall contain detailed reasons and be notified to the institution in question. It shall also be notified to EIOPA.’.

(1b)

In Article 15(6), the first subparagraph is replaced by the following:

‘6.     With a view to further harmonisation of the rules regarding the calculation of technical provisions which may be justified – in particular the interest rates and other assumptions influencing the level of technical provisions – the Commission, drawing on advice from EIOPA, shall every two years or at the request of a Member State, issue a report on the situation concerning the development in cross-border activities.’.

(2)

In Article 20, the following paragraph ▐ is added:

‘11.   ▐ Member States shall report to EIOPA their national provisions of prudential nature relevant to the field of occupational pension schemes , which are not covered by the reference to national social and labour law in paragraph 1. ▐

Member States shall update that information on a regular basis and at least every two years and EIOPA shall make this information available on its website.

In order to ensure uniform application of this paragraph, EIOPA shall develop draft implementing technical standards on the procedures to be followed and formats and templates to be used by competent authorities of the Member States when transmitting and updating the relevant information to the EIOPA. The Authority shall submit those draft implementing technical standards to the Commission by 1 January 2014.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the third subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [EIOPA].’.

(2a)

Article 21 is amended as follows:

(-1)

In Article 4 the following paragraph is inserted:

‘3a.     In order to ensure consistent harmonisation of this Directive, the European Securities and Markets Authority (ESMA) may develop draft regulatory technical standards to specify the exemptions concerning the points (a), (d) and (e) of paragraph 1 and points (a), (b), (e), (f), (g), and (h) of paragraph 2.

Power is conferred on the Commission to adopt the draft regulatory technical standards referred to in the first subparagraph in accordance with Article 7a to 7 d of Regulation (EU) No …/2010 [ESMA].’.

(-1a)

In Article 5(2), the following subparagraphs are added:

‘In order to ensure uniform conditions of application of this Directive, ESMA shall develop draft implementing technical standards in order to ensure uniform application of the delegated acts adopted by the Commission in accordance with paragraph 5 in relation to a uniform template for the presentation of the summary and to allow investors to compare the security concerned with other relevant products.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the first subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [ESMA].’.

(-1b)

In Article 7, the following paragraph is added:

‘3a.     ESMA may develop draft implementing technical standards in order to ensure uniform application of delegated acts adopted by the Commission in accordance with paragraph 1.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the first subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [ESMA].’.

(1)

In Article 8, the following paragraph ▐ is added:

‘5.    ESMA may develop draft implementing technical standards to ensure uniform conditions of application of delegated acts adopted by the Commission in accordance with paragraph 4. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the first subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [ESMA].’.

(2)

Article 13 is amended as follows:

(3)

▐ Article 14 is amended as follows:

(4)

In Article 16, the following paragraph ▐ is added:

‘3.   In order to ensure consistent harmonisation, to specify the requirements laid down in this Article and to take account of technical developments on financial markets, ESMA shall develop draft regulatory standards to specify situations where a significant new factor, material mistake or inaccuracy relating to the information included in the prospectus requires a supplement to the prospectus to be published, ESMA shall submit those draft regulatory standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [ESMA].’.

(5)

▐ Article 17 is amended as follows:

(6)

In Article 18, the following paragraphs ▐ are added:

‘3.   The competent authority of the home Member State shall notify ESMA of the certificate of approval of the prospectus at the same time as it is notified to the competent authority of the host Member State.

ESMA and the competent authority of the host Member State shall publish on their websites the list of certificates of approval of prospectuses (including, if applicable, supplements thereto) which are notified in accordance with this Article, including, if applicable, a hyperlink to these items published on the website of the competent authority of the home Member State, or on the website of the issuer , or on the website of the regulated market. The published list shall be kept up-to-date and each item shall remain on the websites for a period of at least 12 months.

4.   In order to ensure uniform application of this Directive and to take account of technical developments on financial markets, ESMA may develop draft implementing standards to establish standard forms, templates and procedures for the notification of the certificate of approval, the copy of the prospectus, the translation of the summary and any supplement to the prospectus.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the first subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [ESMA].’.

(7)

▐ Article 21 is amended as follows:

(8)

Article 22 is amended as follows:

(8a)

Article 23 is replaced by the following:

‘Article 23

Precautionary measures

1.     Where the competent authority of the host Member State finds that irregularities have been committed by the issuer or by the financial institutions in charge of the public offer or that the issuer has breached its obligations by reason of the fact that securities are admitted to trading on a regulated market, it shall refer those findings to the competent authority of the home Member State and to ESMA.

2.     If, despite the measures taken by the competent authority of the home Member State or because such measures prove inadequate, the issuer or the financial institution in charge of the public offer persists in breaching the relevant legal or regulatory provisions, the competent authority of the host Member State, after informing the competent authority of the home Member State and ESMA, shall take all appropriate measures in order to protect investors and shall inform the Commission and ESMA thereof at the earliest opportunity.’.

(-1)

Article 2(3) is replaced by the following:

‘3.     In order to take account of developments on financial markets and to ensure uniform application of this Directive, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, in respect of the exemptions provided for in points (c)(i) and (k), define the criteria for determining when an activity is to be considered as ancillary to the main business on a group level as well as for determining when an activity is provided in an incidental manner.’.

(-1a)

Article 4(2) is replaced by the following:

‘2.     In order to take account of developments on financial markets and to ensure uniform application of this Directive, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, clarify the definitions laid down in paragraph 1 of this Article.’.

(1)

Article 5(3) is replaced by the following:

‘3.   Member States shall ▐ register ▐ all investment firms. The register shall be publicly accessible and shall contain information on the services or activities for which the investment firm is authorised. It shall be updated on a regular basis. Every authorisation shall be notified to the European Securities and Markets Authority (ESMA).

ESMA shall establish a list of all investment firms in the Union. The list shall contain information on the services or activities for which the investment firm is authorised and it shall be updated on a regular basis. ESMA shall publish and keep up-to-date that list on its website .

Where a competent authority has withdrawn an authorisation in accordance with Article 8(b) to (d), the withdrawal shall be published on the list for a period of five years. ’.

(2)

In Article 7, the following paragraph ▐ is added:

‘4.   In order to ensure consistent harmonisation of this Article and of Article 9(2) to (4), Article 10(1) and (2), and Article 12, ESMA shall develop draft regulatory standards to:

The Authority shall submit the draft technical regulatory standards referred to in points (a) and (b) to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory technical standards referred to in points a, b, c in accordance with Articles 7 to 7d of Regulation (EU) No …/2010.

In order to ensure uniform conditions of application of Article 7(2) and Article 9(2), ESMA may develop draft implementing technical standards to determine standard forms, templates and procedures for the notification or provision of information provided for in those Articles.

The Authority shall submit the draft implementing technical regulatory standards referred to in subparagraph 4 the Commission by 1 January 2014.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the fourth subparagraph in accordance with Article 7e of Regulation (EU) No …/2010.’.

(2a)

In Article 8 the following paragraph is added:

‘Every withdrawal of authorisation shall be notified to ESMA.’.

(3)

In Article 10a, the following paragraph ▐ is added:

‘8.   In order to ensure consistent harmonisation of this Article, ESMA shall develop draft regulatory standards to establish an exhaustive list of information, referred to in paragraph 4, to be included by proposed acquirers in their notification, without prejudice to Article 10a(2).

The Authority shall submit those draft regulatory technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with Articles 7 to 7d of Regulation (EU) No …/2010.

In order to ensure uniform conditions of application of Articles 10, 10a and 10b, ESMA shall develop draft implementing technical standards to determine standard forms, templates and procedures for the modalities of the consultation process between the relevant competent authorities as referred to in Article 10(4).

The Authority shall submit those draft technical standards to the Commission by 1 January 2014.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the third subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [ESMA].’.

(3a)

In Article 10b(1), the second subparagraph is replaced by the following:

‘In order to take account of developments on financial markets, and to ensure the uniform application of this Directive, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures which adjust the criteria set out in the first subparagraph of this paragraph.’.

(3b)

Article 13(10) is replaced by the following:

‘In order to take account of developments on financial markets, and to ensure the uniform application of paragraph 2 to 9, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt implementing measures which specify the concrete organisational requirements to be imposed on investment firms performing different investment services and/or activities and ancillary services or combination thereof.’.

(3c)

Article 15 is amended as follows

(3d)

In Article 16(2), the following subparagraph is added:

‘The European Securities and Markets Authority may develop guidelines regarding the monitoring methods referred to in this Article.’.

(3e)

In Article 18(3), the introductory part of the first subparagraph is replaced by the following:

‘3.     In order to take account of developments on financial markets, and to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b:’.

(3f)

In Article 19(6), the first indent is replaced by the following:

(3g)

In Article 19(10), the introductory part of the first subparagraph is replaced by the following:

‘10.     In order to ensure the necessary protection of investors and the uniform application of paragraphs 1 to 8, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures to ensure that investments firms comply with the principles set out therein when providing investment or ancillary services to their clients. Those measures shall take into account:’.

(3h)

In Article 21(6), the introductory part of the first subparagraph is replaced by the following:

‘6.     In order to ensure the protection necessary to investors, the fair and orderly functioning of markets, and to ensure the uniform application of paragraphs 1, 3 and 4, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures concerning:’.

(3i)

In Article 22(3), the introductory part of the first subparagraph is replaced by the following:

‘3.     In order to ensure that measures for the protection of investors and fair and orderly functioning of markets take account of technical developments in financial markets, and to ensure the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures which define:’.

(3j)

In Article 23(3), the first subparagraph is replaced by the following:

‘3.     Member States that decide to allow investment firms to appoint tied agents shall establish a public register. Tied agents shall be registered in the public register in the Member State where they are established. ESMA shall publish on its website references/hyperlinks to the public registers established under this Article by the Member States that decide to allow investment firms to appoint tied agents.’.

(3k)

In Article 24(5), the introductory part of the first subparagraph is replaced by the following:

‘5.     In order to ensure consistent harmonisation and the uniform application of paragraphs 2, 3 and 4 in the light of changing market practice and to facilitate the effective operation of the single market, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, define:’.

(3l)

Article 25 is amended as follows:

(3m)

Article 27 is amended as follows:

(3n)

In Article 28(3), the introductory part of the first subparagraph is replaced by the following:

‘3.     In order to ensure the transparent and orderly functioning of markets and the uniform application of paragraph 1, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures which:’.

(3o)

In Article 29(3), the introductory part of the first subparagraph is replaced by the following:

‘3.     In order to ensure the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures as regards:’.

(3p)

In Article 30(3), the introductory part of the first subparagraph is replaced by the following:

‘3.     In order to provide for the efficient and orderly functioning of financial markets, and ensure the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures in respect of:’.

(4)

▐ Article 31 is amended as follows:

(5)

In Article 32, the following paragraph ▐ is added:

‘10.   In order to ensure consistent harmonisation of ▐ this Article, ESMA may develop draft regulatory standards to specify the information to be notified in accordance with paragraphs 2, 4 and 9 .

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with Articles 7 to 7d of Regulation (EU) No …/2010.

In order to ensure uniform conditions of application of this Article, ESMA may develop draft implementing technical standards to establish standard forms, templates and procedures for the transmission of information in accordance with paragraphs 3 and 9.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the third subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 . ▐ ’.

(5a)

In Article 36, the following paragraph is added:

‘5a.     ESMA shall be notified of any withdrawal of authorisation.’.

(5b)

In Article 39, the following paragraph is added:

‘1a.     In order to take account of developments in financial markets and to ensure consistent harmonisation and uniform application of this Article, ESMA shall develop draft implementing technical standards to determine the conditions of application of point (d). The Authority shall submit those draft technical standards to the Commission by 1 January 2014.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the third subparagraph in accordance with Article 7e of Regulation (EU) No …/2010.’.

(5c)

In Article 40(6), the introductory wording of the first subparagraph is replaced by the following:

‘6.     In order to ensure consistent harmonisation and the uniform application of paragraphs 1 to 5, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b:’.

(5d)

Article 41(2) is replaced by the following:

‘2.     A competent authority which requests the suspension or removal of a financial instrument from trading on one or more regulated markets shall immediately make public its decision and inform the European Securities and Markets Authority and the competent authorities of the other Member States. Save where it is likely to cause significant damage to the investors’ interests or the orderly functioning of the internal market, the competent authorities of the other Member States shall request the suspension or removal of that financial instrument from trading on the regulated markets and MTFs that operate under their supervision.’.

(5e)

Article 42 is amended as follows:

(5f)

In Article 44(3), the introductory part of the first subparagraph is replaced by the following:

‘3.     In order to take account of developments in financial markets and to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures as regards:’.

(5g)

In Article 45(3), the introductory wording of the first subparagraph is replaced by the following:

‘3.     In order to provide for the efficient and orderly functioning of financial markets, to take account of developments in financial markets and to ensure consistent harmonisation and the uniform application of this Article, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures in respect of:’.

(6)

Article 47 is replaced by the following:

‘Article 47

List of regulated markets

Each Member State shall draw up a list of the regulated markets for which it is the home Member State and shall forward that list to the other Member States and ESMA . A similar communication shall be effected in respect of each change to that list. ESMA shall publish and keep up-to-date a list of all regulated markets on its website ▐.’.

(7)

Article 48 is amended as follows:

(7a)

In Article 51, the following paragraphs are inserted:

‘Member States shall provide the European Securities and Markets Authority annually with aggregated information about all administrative measures and sanctions imposed in accordance with paragraphs 1 and 2.

The competent authority shall report to ESMA at the same time all sanctions which are disclosed to the public in accordance with the previous subparagraph. Where a published sanction relates to an investment firm authorized according to this Directive, ESMA shall add a reference to the published sanction in the register of investment firms established under Article 5(3) of this Directive.’.

(8)

In Aricle 53, the following paragraph ▐ is added:

‘3.   The competent authorities shall notify ESMA of the complaint and redress procedures referred to in paragraph 1 which are available its jurisdictions.

ESMA shall publish and keep up-to-date a list of all extra-judicial mechanisms on its website ▐.’;

(8a)

The Title of Chapter II is replaced by the following:

(8b)

In Article 56(1), the third subparagraph is replaced by the following:

‘In order to facilitate and accelerate cooperation, and more particularly exchange of information, Member States shall designate one single competent authority as a contact point for the purposes of this Directive. Member States shall communicate to the Commission, ESMA and to the other Member States the names of the authorities which are designated to receive requests for exchange of information or cooperation pursuant to this paragraph. ESMA shall publish and keep up-to-date a list of those authorities on its website.’.

(8c)

Article 56(4) is replaced by the following:

‘Where a competent authority has good reasons to suspect that acts contrary to the provisions of this Directive, carried out by entities not subject to its supervision, are being or have been carried out on the territory of another Member State, it shall notify this in as specific a manner as possible to the competent authority of the other Member State and to the European Securities and Markets Authority. The latter authority shall take appropriate action. It shall inform the notifying competent authority and the European Securities and Markets Authority of the outcome of the action and, to the extent possible, of significant interim developments. This paragraph shall be without prejudice to the competences of the competent authority that has forwarded the information.’.

(8d)

Article 56(5) is replaced by the following:

‘5.     In order to ensure the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, define the modalities for the cooperation of the competent authorities and establish the criteria under which the operations of a regulated market in a host Member State could be considered as of substantial importance for the functioning of the securities markets and the protection of the investors in that host Member State.’.

(9)

In Article 56, the following paragraph 6 is added:

‘6.   In order to ensure uniform conditions of application of this Article , ESMA may develop draft implementing technical standards to establish standard forms, templates and procedures for the cooperation arrangements referred to in paragraph 2 .

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the first subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [ESMA].’.

(10)

Article 57 is amended as follows:

(11)

Article 58 is amended as follows:

(11a)

Article 59(2) is replaced by the following:

‘2.     In the case of such a refusal, the competent authority shall notify the requesting competent authority and ESMA accordingly, providing as detailed information as possible.’.

(12)

In Article 60, the following paragraph ▐ is added:

‘4.   In order to ensure uniform conditions of application of paragraphs 1 and 2, ESMA may develop draft implementing technical standards to establish standard forms, templates and procedures for the consultation of other competent authorities prior to granting an authorisation .

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the first subparagraph in accordance with ▐ Article 7e of Regulation (EU) No …/2010 [ESMA].’.

(13)

Article 62 is amended as follows:

(13a)

The following article is inserted:

‘Article 62a

1.     The competent authorities shall cooperate with ESMA for the purposes of this Directive, in accordance with Regulation (EU) No …/2010 [ESMA].

2.     The competent authorities shall without delay provide ESMA with all information necessary to carry out its duties under this Directive and under Regulation (EU) No …/2010 [ESMA], in accordance with Article 20 of that Regulation.’.

(14)

Article 63(1) is replaced by the following

‘1.   Member States and in accordance with Article 18 of Regulation (EU) No …/2010 [ESMA], ESMA may conclude cooperation agreements providing for the exchange of information with the competent authorities of third countries only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those required under Article 54. Such exchange of information must be intended for the performance of the tasks of those competent authorities.

Member States and ESMA may transfer personal data to a third country in accordance with Chapter IV of Directive 95/46/EC.

Member States and ESMA may also conclude cooperation agreements providing for the exchange of information with third country authorities, bodies and natural or legal persons responsible for one or more of the following :

The cooperation agreements referred to in the third subparagraph may ▐ be concluded only where the information disclosed is subject to guarantees of professional secrecy at least equivalent to those required under Article 54. Such exchange of information shall be intended for the performance of the tasks of those authorities or bodies or natural or legal persons.’.

(14a)

Article 64 is amended as follows:

(14b)

The following articles are inserted:

‘Article 64a

Revocation of the delegation

1.     The delegation of powers referred to in Articles 2 and 4, Article 10b(1), Article 13(10), Articles 18, 19, 21, 22, 24, 25, 27, 28, 29, 30, 40, 44, 45, and Article 56(2) may be revoked at any time by the European Parliament or by the Council.

2.     The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation.

3.     The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 64b

Objections to delegated acts

1.     The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period may be extended by three months.

2.     If, on the expiry of that period neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.     If the European Parliament or the Council objects to a delegated act, it shall not enter into force. In accordance with Article 296 TFEU, the institution which objects shall state the reasons for objecting to the delegated act.’.

(-1)

Article 2(3) is amended as follows:

(-1a)

Article 4 is amended as follows:

(-1b)

Article 5(6) is amended as follows:

(-1c)

Article 9(7) is amended as follows:

(1)

Article 12 is amended as follows:

(2)

Article 13 is amended as follows:

(2a)

Article 14(2) is replaced by the following:

‘2.     The Commission shall adopt, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to take account of technical developments in financial markets, to ensure consistent harmonisation and to specify the requirements laid down in paragraph 1.’.

(2b)

Article 17(4) is replaced by the following:

‘4.     The Commission shall adopt, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to take account of technical developments in financial markets, to take account of developments in information and communication technology, to ensure consistent harmonisation and to specify the requirements laid down in paragraph 1, 2 and 3. It shall, in particular, specify the types of financial institution through which a shareholder may exercise the financial rights provided for in paragraph 2(c).’.

(2c)

Article 18(5) is replaced by the following:

‘5.     The Commission shall adopt, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to take account of technical developments in financial markets, to take account of developments in information and communication technology, to ensure consistent harmonisation and to specify the requirements laid down in paragraph 1 to 4. It shall, in particular, specify the types of financial institution through which a debt security holder may exercise the financial rights provided for in paragraph 2(c).’.

(2d)

Article 19(4) is replaced by the following:

‘4.     In order to to ensure consistent harmonisation and to specify the requirements laid down in paragraphs 1, 2 and 3, the Commission shall adopt measures by means of delegated acts in accordance with Articles 27, 27a and 27b.

The Commission shall, in particular, specify the procedure in accordance with which an issuer, a holder of shares or other financial instruments, or a person or entity referred to in Article 10, is to file information with the competent authority of the home Member State under paragraphs 1 or 3, respectively, in order to:

(2e)

Article 21(4) is replaced by the following:

‘4.     In order to take account of technical developments in financial markets, to take account of developments in information and communication technology and to specify the requirements laid down in paragraphs 1, 2 and 3, the Commission shall adopt measures, by means of delegated acts in accordance with Articles 27, 27a and 27b.

The Commission shall, in particular, specify:

The Commission may also specify and update a list of media for the dissemination of information to the public.’.

(2f)

The first subparagraph of Article 22(1) is replaced by the following:

‘1.     ESMA shall draw up guidelines, in accordance with Article 8 of Regulation (EU) No …/2010 [ESMA], with a view to further facilitating public access to information to be disclosed under Directive 2003/6/EC, Directive 2003/71/EC and this Directive.’.

(2g)

Article 23 is amended as follows:

(2h)

Article 24 is amended as follows:

(3)

▐ Article 25 is amended as follows:

(3a)

Article 26 is replaced by the following:

‘Article 26

Precautionary measures

1.     Where the competent authority of a host Member State finds that the issuer or the holder of shares or other financial instruments, or the person or entity referred to in Article 10, has committed irregularities or infringed its obligations, it shall refer its findings to the competent authority of the home Member State and to ESMA.

2.     If, despite the measures taken by the competent authority of the home Member State, or because such measures prove inadequate, the issuer or the security holder persists in infringing the relevant legal or regulatory provisions, the competent authority of the host Member State shall, after informing the competent authority of the home Member State, take, in accordance with Article 3(2), all the appropriate measures in order to protect investors, informing the Commission and ESMA thereof at the earliest opportunity.’.

(3b)

The title of Chapter VI is replaced by the following:

(3c)

Article 27 is amended as follows:

(3d)

The following articles are inserted:

‘Article 27a

Revocation of the delegation

1.     The delegation of power referred to in Article 2(3), Article 5(6), Article 9(7), Article 12(8), Article 13(2), Article 14(2), Article 17(4), Article 18(5), Article 19(4) Article 21(4), Article 23(5) and Article 23(7) may be revoked at any time by the European Parliament or by the Council.

2.     The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation.

3.     The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 27b

Objections to delegated acts

1.     The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period may be extended by three months.

2.     If, on the expiry of that period neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.     If the European Parliament or the Council objects to a delegated act, it shall not enter into force. In accordance with Article 296 TFEU, the institution which objects shall state the reasons for objecting to the delegated act.’.

(-1a)

Article 11(4) is replaced by the following:

‘4.     The Member States shall inform each other, the ESAs to the extent relevant for the purposes of this Directive and in accordance with the relevant provisions of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA], and of Regulation (EU) No …/2010 [ESMA], and the Commission of cases where they consider that a third country meets the conditions laid down in paragraphs 1 or 2 or in other situations which meet the technical criteria established in accordance with Article 40(1)(b).’.

(-1b)

Article 16(2) is replaced by the following:

‘2.     Member States shall inform each other, the ESAs to the extent relevant for the purposes of this Directive and in accordance with the relevant provisions of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA], and of Regulation (EU) No …/2010 [ESMA], and the Commission of cases where they consider that a third country meets the conditions laid down in paragraph 1(b).’.

(-1c)

Article 28(7) is replaced by the following:

‘7.     The Member States shall inform each other, the ESAs to the extent relevant for the purposes of this Directive and in accordance with the relevant provisions of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA], and of Regulation (EU) No …/2010 [ESMA] and the Commission of cases where they consider that a third country meets the conditions laid down in paragraphs 3, 4 or 5.’.

(-1d)

Article 31(2) is replaced by the following:

‘2.     Member States, the ESAs to the extent relevant for the purposes of this Directive and in accordance with the relevant provisions of Regulation (EU) No …/2010 [EBA], of Regulation (EU) No …/2010 [EIOPA], and of Regulation (EU) No …/2010 [ESMA] and the Commission shall inform each other of cases where the legislation of the third country does not permit application of the measures required under the first subparagraph of paragraph 1 and coordinated action could be taken to pursue a solution.’.

(1)

In Article 31, the following paragraph ▐ is added:

‘4.   In order to ensure consistent harmonisation of this Article and to take account of technical developments in the fight against money laundering or terrorist financing, the European Banking Authority , established by Regulation (EU) No …/2010 [EBA] , the European Securities and Markets Authority , established by Regulation (EU) No …/2010 [ESMA] and the European Insurance and Occupational Pensions Authority , established by Regulation (EU) No …/2010 [EIOPA], taking into account the existing framework and co-operating, as appropriate, with other relevant EU bodies in the field of anti-money laundering and combating of financing of terrorism, may develop draft regulatory standards in accordance with Articles 42 of these Regulations to specify the type of additional measures referred to in paragraph 3 of this Article ▐ and the minimum action to be taken by credit and financial institutions where the legislation of the third country does not permit application of the measures required under the first subparagraph of paragraph 1 of this Article .

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with Articles 7 to 7d of Regulation (EU) No …/2010 .’.

(2)

In Article 34, the following paragraph is added:

‘ 3.    In order to ensure consistent harmonisation and to take account of technical developments in the fight against money laundering or terrorist financing, the EBA, ESMA and the EIOPA, taking into account the existing framework and co-operating, as appropriate, with other relevant EU bodies in the field of anti-money laundering and combating of financing of terrorism , may develop draft regulatory standards in accordance with Article 42 of Regulation (EU) No …/2010 (EBA) , Regulation (EU) No …/2010 (ESMA) and of Regulation (EU) No …/2010 (EIOPA) of the European Parliament and of the Council to specify the minimum content of the communication referred to in paragraph 2.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with Articles 7 to 7d of Regulation (EU) No …/2010 .’.

(2a)

The following article is added:

‘Article 37a

1.     The competent authorities shall cooperate with the ESAs for the purposes of this Directive, in accordance with Regulation (EU) No …/2010 [EBA], Regulation (EU) No …/2010 [EIOPA], and Regulation (EU) No …/2010 [ESMA].

2.     The competent authorities shall provide the ESAs with all information necessary to carry out their duties under by this Directive and under Regulation (EU) No …/2010 [EBA], Regulation (EU) No …/2010 [EIOPA], and Regulation (EU) No …/2010 [ESMA].’.

(2b)

The title of Chapter VI is replaced by the following:

(2c)

Article 40 is amended as follows:

(2d)

Article 41 is amended as follows:

(2e)

The following articles are inserted:

‘Article 41a

Revocation of the delegation

1.     The delegation of powers referred to in Article 40 may be revoked at any time by the European Parliament or by the Council.

2.     The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation.

3.     The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.’.

‘Article 41b

Objections to delegated acts

1.     The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period may be extended by three months.

2.     If, on the expiry of that period neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.     If the European Parliament or the Council objects to a delegated act, it shall not enter into force. In accordance with Article 296 TFEU, the institution which objects shall state the reasons for objecting to the delegated act.’.

(1)

▐ Article 6 is replaced by the following ▐:

‘1.     Member States shall require credit institutions to obtain authorisation before commencing their activities. Without prejudice to Articles 7 to 12, they shall lay down the requirements for such authorisation and notify them to the Commission and the European Banking Authority established by Regulation (EU) No …/2010 [EBA] of the European Parliament and of the Council (EBA) EBA.

2.    In order to ensure consistent harmonisation and uniform application of this Article, the EBA shall develop:

The EBA shall submit the draft technical standards referred to in points a, b and c to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in points a, c and d of the first paragraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 .

Power is also conferred on the Commission to adopt the draft implementing technical standards referred to in point b of the first paragraph in accordance with Article 7e of Regulation (EU) No …/2010 [EBA].’ .

(1a)

In Article 9(2), point b is replaced by the following:

(2)

Article 14 is replaced by the following:

‘Article 14

Every authorisation shall be notified to the EBA.

The name of each credit institution to which authorisation has been granted shall be entered in a list. The EBA shall publish ▐ and ▐ keep it up-to-date that list on its website. ’.

(2a)

Article 17(2) is replaced by the following:

‘2.     Withdrawal of authorisation shall be notified to the Commission and the EBA and shall be reasoned. The persons concerned shall be notified of those reasons.’.

(3)

In Article 19, the following paragraph ▐ is added:

‘In order to ensure consistent harmonisation of this Directive, the EBA shall develop draft regulatory standards to establish an exhaustive list of information, referred to in Article 19a(4), to be included by proposed acquirers in their notification, without prejudice to Article 19(3).

The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with Articles 7 to 7d of Regulation (EU) No …/2010.

In order to ensure uniform conditions of application of this Directive, EBA shall develop draft implementing technical standards to establish common procedures, forms and templates for the consultation process between the relevant competent authorities as referred to in Article 19b .

The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the fourth subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [EBA].’.

(3a)

In Article 22, the following paragraphs are added:

‘2a.     In order to specify the requirements laid in this Article and to ensure the convergence of supervisory practices, the EBA may develop draft regulatory standards to specify the arrangements, processes and mechanisms referred to in paragraph 1, in accordance with the principles of proportionality and comprehensiveness set out in paragraph 2.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation. (EU) No …/2010.

2b.     In order to facilitate the implementation of, and ensure consistency of information collected under, paragraph 2a of this Article and the principles on remuneration policy set out in points 22 and 22a of Annex V, the EBA may develop draft regulatory standards to specify the arrangements, processes and mechanisms referred to in paragraph 1, respecting the principles of proportionality and comprehensiveness set out in paragraph 2.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010.

ESMA shall cooperate closely with the EBA in elaborating such technical standards on remuneration policies for categories of staff involved in the provision of investment services and activities meaning of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments.’.

(4)

In Article 26, the following paragraph ▐ is added:

‘5.   In order to ensure uniform application of Article 25 and this Article ▐, the EBA shall develop:

The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point a of the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA]. Power is also conferred on the Commission to adopt the draft implementing technical standards referred to in point b of the first subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [EBA].’.

(5)

In Article 28, the following paragraph ▐ is added:

‘4.   In order to ensure consistent harmonisation and uniform application of this Article ▐ the EBA shall develop:

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point a of the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010. Power is also conferred on the Commission to adopt the draft implementing technical standards referred to in point b of the first paragraph in accordance with Article 7e of Regulation. (EU) No …/2010 [EBA].’.

(6)

In Article 33, the first paragraph is replaced by the following:

‘Before following the procedure provided for in Article 30, the competent authorities of the host Member State may, in emergencies, take any precautionary measures necessary to protect the interests of depositors, investors and others to whom services are provided. The Commission, the EBA and the competent authorities of the other Member States concerned shall be informed of such measures at the earliest opportunity.’.

(6a)

Article 36 is replaced by the following:

‘Article 36

The Member States shall inform the Commission and the EBA of the number and type of cases in which there has been a refusal pursuant to Articles 25 and 26(1) to (3) or in which measures have been taken in accordance with Article 30(3).’.

(6b)

Article 38(2) is replaced by the following:

‘2.     The competent authorities shall notify the Commission, the EBA and the European Banking Committee of all authorisations for branches granted to credit institutions having their head office outside the European Union.’.

(6c)

In Article 39(2), the following point is added:

(6d)

In Article 39, the following paragraph is added:

‘3a.     The EBA shall assist the Commission for the purposes of this Article in accordance with Article 18 of Regulation (EU) No …/2010 [EBA].’.

(7)

In Article 42, the following paragraph is added:

‘In order to ensure uniform application of this Article, the EBA shall develop:

The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point a of the second subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010. Power is also conferred on the Commission to adopt the draft implementing technical standards referred to in point a of the second subparagraph in accordance with Article 7e of Regulation (EU) No …/2010 [EBA].’.

(8)

In Article 42a(1) the following is added at the end of the fourth sub-paragraph:

‘If, at the end of the initial two-month period any of the competent authorities concerned has referred the matter to the European Banking Authority in accordance with Article 11 of Regulation (EU) No …/2010 [EBA] , the competent authorities of the host member State shall defer their decision and await the decision that the European Banking Authority may take in accordance with Article 11(3) of that Regulation . The competent authorities of the host member State shall take their decision in conformity with the Authority’s decision. The two month period shall be deemed the conciliation period within the meaning of that Regulation. The European Banking Authority shall take its decision within one month. The matter shall not be referred to the Authority after the end of the initial two month period or after a joint decision has been reached.’.

(9)

Article 42b is amended as follows:

(10)

Article 44(2) is replaced by the following:

‘2.   Paragraph 1 shall not prevent the competent authorities of the various Member States from exchanging information or transmitting information to the EBA in accordance with this Directive and with other Directives applicable to credit institutions as well as with Articles 16 and 20 of Regulation (EU) No …/2010 [EBA] . That information shall be subject to the conditions of professional secrecy set out in paragraph 1’.

(11)

▐ Article 46 ▐ is replaced by the following:

‘Article 46

Member States and the EBA in accordance with Article 18 of Regulation (EU) No …/2010 [EBA] may conclude cooperation agreements, providing for exchanges of information, with the competent authorities of third countries or with authorities or bodies of third countries as defined in Articles 47 and 48(1) of this Directive only if the information disclosed is subject to guarantees of professional secrecy at least equivalent to those referred to in Article 44(1) of this Directive. Such exchange of information shall be for the purpose of performing the supervisory tasks of these authorities or bodies.

Where the information originates in another Member State, it may not be disclosed without the express agreement of the authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement.’ .

(12)

Article 49 is amended as follows:

(13)

Article 63a is amended as follows:

(14)

In Article 74(2), the second subparagraph is replaced by the following:

‘ In order to ensure uniform application of this Directive, for the communication of these calculations by credit institutions, competent authorities shall apply, from 31 December 2012, uniform formats, frequencies, language and dates of reporting. In order to ensure uniform application of this Directive, the EBA shall develop draft implementing technical standards to introduce, within the European Union , uniform formats (with associated instructions) , frequencies ▐ and dates of reporting before 1 January 2012. The reporting formats shall be proportionate to the nature, scale and complexity of the credit institutions’ activities.

In order to ensure uniform application of this Directive, EBA shall also develop draft implementing standards regarding IT solutions to be applied for such reporting.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the second and third subparagraphs in accordance with Article 7e of Regulation (EU) No …/2010 [EBA].’.

(15)

In Article 81(2) the following subparagraphs are added:

‘In order to ensure consistent harmonisation of this Article, EBA , in consultation with ESMA , shall develop draft regulatory standards to specify the assessment methodology relating to credit assessments. The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is conferred on the Commission to adopt the draft regulatory standards referred to in point (a) of the second subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA].’.

(16)

In Article 84(2), the following subparagraphs are added:

‘In order to ensure consistent harmonisation of this Article, EBA, in consultation with ESMA, shall develop draft regulatory standards to specify the assessment methodology relating to credit assessments. The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point a of the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA].’.

(17)

In Article 97(2), the following subparagraphs are added:

‘In order to ensure consistent harmonisation of this Article, EBA , in consultation with ESMA , shall develop draft regulatory standards to specify the assessment methodology relating to credit assessments. The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point (a) of the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA].’.

(18)

In Article 105(1), the following subparagraphs are added:

‘In order to ensure consistent harmonisation of this Article, EBA may develop draft regulatory standards to specify the assessment methodology under which competent authorities permit credit institutions to use the Advanced Measurement Approaches.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point (a) of the second subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 . ▐’.

(19)

In Article 106(2), the second sub-paragraph is replaced by the following:

‘In order to ensure consistent harmonisation of this paragraph, EBA shall develop draft regulatory standards in order to specify the exemptions in points (c) and (d) as well as to specify the conditions used to determine the existence of a group of connected clients, as stated in paragraph (3). The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point a of the second subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA].’.

(20)

Article 110(2) is replaced by the following:

‘2.   Member States shall provide that reporting shall be carried out at least twice a year. The competent authorities shall apply, from 31 December 2012, uniform formats, frequencies ▐ and dates of reporting. In order to ensure uniform application of this Directive, the EBA shall develop draft implementing technical standards to introduce, within the European Union , uniform formats (with associated instructions) , frequencies ▐ and dates of reporting before 1 January 2012. The reporting formats shall be proportionate to the nature, scale and complexity of the credit institutions’ activities.

In order to ensure uniform application of this Directive, EBA shall also develop draft implementing technical standards regarding IT solutions to be applied for such reporting.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the first and second subparagraphs in accordance with the procedure laid down in Article 7e of Regulation (EU) No …/2010 [EBA].’.

(20a)

In Article 111(1), the fourth subparagraph is replaced by the following:

‘Member States may set a lower limit than EUR 150 million and shall inform the EBA and the Commission thereof.’.

(21)

Article 122a(10) is replaced by the following:

‘10.   The EBA shall report to the Commission annually on the compliance with this Article by the competent authorities.

In order to ensure consistent harmonisation of this Article, EBA shall develop draft regulatory standards for the convergence of supervisory practices with regard to this Article, including the measures taken in case of breach of the due diligence and risk management obligations. The EBA shall submit those draft technical standards to the Commission by 1 January 2014.

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point a of the second subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA].’.

(22)

In Article 124, the following paragraph ▐ is added:

‘6.   In order to ensure consistent harmonisation of this Article, EBA may develop draft regulatory standards to specify this Article and a common risk assessment procedure and methodology .

Power is delegated to the Commission to adopt the draft regulatory standards referred to in point a of the first subparagraph in accordance with the procedure laid down in Articles 7 to 7d of Regulation (EU) No …/2010 [EBA].’.

(22a)

Article 126(4) is replaced by the following.

‘4.     The competent authorities shall notify the EBA and the Commission of any agreement falling within paragraph 3.’.

(22b)

In Article 129(1), the following subparagraph is inserted after the first subparagraph:

‘Where the consolidating supervisor fails to carry out the tasks referred to in the first subparagraph or where the competent authorities do not cooperate with the consolidating supervisor to the extent required in carrying out the tasks in the first sub-paragraph, any of the competent authorities concerned may bring the matter to the attention of EBA, which may act in accordance with Article 11 of Regulation …/2010 [EBA].’.

(23)

In Article 129(2), the fifth subparagraph is replaced by the following:

‘▐

If, at the end of the six month period, any of the competent authorities concerned has referred the matter to the EBA in accordance with Article 11 of Regulation (EU) No …/2010 [EBA] , the consolidating supervisor shall defer its decision and await any decision that the EBA may take in accordance with Article 11(3) of that Regulation on its decision , and shall take its decision in conformity with the decision of the EBA . The six month period shall be deemed the conciliation period within the meaning of that Regulation. The EBA shall take its decision within one month. The matter shall not be referred to the EBA after the end of the six month period or after a joint decision has been reached’.

(23a)

The following subparagraph is added to Article 129(2):

‘The EBA may develop draft implementing technical standards to ensure uniform conditions of application of the joint decision process referred to in this paragraph, with regard to the applications for permissions referred to in Article 84(1), Article 87(9) and Article 105 and in Annex III part 6, with a view to facilitating joint decisions.

Power is conferred on the Commission to adopt the draft implementing technical standards referred to in the previous two subparagraphs in accordance with Article 7e of Regulation (EU) No …/2010 [EBA].’.

(24)

Article 129(3) is amended as follows:

(25)

In Article 130(1), the first and second subparagraphs are replaced by the following:

‘130.   Where an emergency situation, including situation as defined in Article 10 of Regulation (EU) No …/2010 [EBA], including adverse developments in ▐ markets, arises, which potentially jeopardises the market liquidity and the stability of the financial system in any of the Member State where entities of a group have been authorised or where significant branches referred to in Article 42a are established, the consolidating supervisor shall, subject to Chapter 1, Section 2, alert as soon as is practicable, the EBA , the ESRB and the authorities referred to in the fourth subparagraph of Article 49 and Article 50, and shall communicate all information essential for the pursuance of their tasks. Those obligations shall apply to all competent authorities under Articles 125 and 126 and to the competent authority identified under Article 129(1).

If the authority referred to in the fourth paragraph of Article 49 becomes aware of a situation described in the first subparagraph of this paragraph, it shall alert as soon as is practicable the competent authorities referred to in Articles 125 and 126, and the EBA .’.

(26)

In Article 131, the third paragraph is replaced by the following:

‘The competent authorities responsible for authorising the subsidiary of a parent undertaking which is a credit institution may, by bilateral agreement, in accordance with Article (13) of Regulation (EU) No …/2010 [EBA], delegate their responsibility for supervision to the competent authorities which authorised and supervise the parent undertaking so that they assume responsibility for supervising the subsidiary in accordance with this Directive. The EBA shall be kept informed of the existence and content of such agreements. It shall forward such information to the competent authorities of the other Member States and to the European Banking Committee.’.

(27)

Article 131a is amended as follows:

(27a)

In Article 132(1), the following subparagraphs are inserted after the first subparagraph:

‘The competent authorities shall cooperate with EBA for the purposes of this Directive, in accordance with Regulation (EU) No …/2010 [EBA].

The competent authorities shall provide EBA with all information necessary to carry out its duties under this Directive and under Regulation (EU) No …/2010 [EBA], in accordance with Article 20 of that Regulation.’.

(27b)

In Article 140, the third paragraph is replaced by the following:

‘3.     The competent authorities responsible for supervision on a consolidated basis shall establish lists of the financial holding companies referred to in Article 71(2). Those lists shall be communicated to the competent authorities of the other Member States, to the EBA and to the Commission.’.

(28)

Article 143(2) is amended as follows: