9.8.2016 |
EN |
Official Journal of the European Union |
C 289/93 |
P8_TA(2014)0062
The powers of the European Central Bank to impose sanctions *
European Parliament legislative resolution of 26 November 2014 on the draft Council regulation amending Regulation (EC) No 2532/98 concerning the powers of the European Central Bank to impose sanctions (10896/2014 — C8-0090/2014 — 2014/0807(CNS))
(Consultation)
(2016/C 289/18)
The European Parliament,
— |
having regard to the recommendation of the European Central Bank (10896/2014 –ECB/2014/19), |
— |
having regard to Articles 129(4) and 132(3) of the Treaty on the Functioning of the European Union, and Articles 34.3 and 41 of the Statute of the European System of Central Banks and of the European Central Bank, pursuant to which the Council consulted Parliament (C8-0090/2014), |
— |
having regard to Rule 59 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Economic and Monetary Affairs (A8-0028/2014), |
1. |
Approves the draft proposed in the recommendation of the European Central Bank as amended; |
2. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
3. |
Asks the Council to consult Parliament again if it intends to substantially amend the draft proposed in the recommendation of the European Central Bank; |
4. |
Instructs its President to forward its position to the Council, the European Central Bank and the Commission. |
Amendment 1
Draft regulation
Recital 6
Draft of the European Central Bank |
Amendment |
||||
|
|
Amendment 2
Draft regulation
Recital 6 a (new)
Draft of the European Central Bank |
Amendment |
||
|
|
Amendment 3
Draft regulation
Recital 9
Draft of the European Central Bank |
Amendment |
||||
|
|
Amendment 4
Draft regulation
Recital 10 a (new)
Draft of the European Central Bank |
Amendment |
||
|
|
Amendment 5
Draft regulation
Article 1 — point 1 — point a
Regulation (EC) No 2532/98
Article 1 — point 6
Draft of the European Central Bank |
Amendment |
||
‘periodic penalty payments’ shall mean amounts of money which, in the case of a continued infringement, an undertaking is obliged to pay either as a punishment, or with a view to forcing the persons concerned to comply with the ECB supervisory regulations and decisions. Periodic penalty payments shall be calculated for each day of continued infringement (a) following notification of the undertaking of a decision requiring the termination of such an infringement in accordance with the procedure laid down in the second subparagraph of Article 3(1); or (b) when the continued infringement falls under the scope of Article 18(7) of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions (*) in accordance with the procedure laid down in Article 4b of this Regulation; |
|
Amendment 6
Draft regulation
Article 1 — point 2
Regulation (EC) No 2532/98
Article 1a — paragraph 3
Draft of the European Central Bank |
Amendment |
3. The ECB may publish any decision imposing on an undertaking administrative pecuniary penalties for breaches of directly applicable Union law and sanctions for breaches of ECB regulations or decisions, both in the supervisory and non-supervisory fields , whether such decision has been appealed or not . The ECB shall carry out such publication in accordance with relevant Union law, irrespective of any national law or regulation and, where relevant Union law is composed of Directives, of any national legislation transposing those Directives. |
3. After notification to the undertaking concerned, the ECB shall, according to a transparent procedure and rules which it shall make public, publish, as a general rule without undue delay, any decision imposing on an undertaking administrative pecuniary penalties for breaches of directly applicable Union law and sanctions for breaches of ECB regulations or decisions, both in the supervisory and non-supervisory fields, provided that all legal means of appeal against such a decision have been exhausted . Where the ECB considers that immediate publication of a decision would jeopardise the stability of financial markets or be disproportionate considering the degree of severity of the administrative pecuniary penalty or sanction imposed on an undertaking, it shall have the discretion to delay the publication of the decision until three years after the date on which the decision was taken. Upon request the ECB shall hold confidential oral discussions behind closed doors with the Chair and Vice-Chairs of the competent committee of the European Parliament concerning such cases. The ECB shall provide a justification for the delay in an annex to the published decision. The ECB shall carry out publication in the cases and in accordance with the conditions set out in relevant Union law, irrespective of any national law or regulation and, where relevant Union law is composed of Directives, of any national legislation transposing those Directives. |
Amendment 7
Draft regulation
Article 1 — point 2
Regulation (EC) No 2532/98
Article 1a — paragraph 3 a (new)
Draft of the European Central Bank |
Amendment |
|
3a. Without prejudice to their other specific competences derived from national law, the competent national authorities shall remain competent to impose administrative penalties but shall impose such penalties on credit institutions directly supervised by the ECB only where the ECB requires them to initiate proceedings for that purpose. |
Amendment 15
Draft regulation
Article 1 — point 4 — point a a (new)
Regulation (EC) No 2532/98
Article 3 — paragraph 9
Present Text |
Amendment |
||
|
|
||
9. The proceeds from sanctions imposed by the ECB shall belong to the ECB. |
|
Amendment 8
Draft regulation
Article 1 — point 4 — point b
Regulation (EC) No 2532/98
Article 3 — paragraph 10
Draft of the European Central Bank |
Amendment |
If an infringement relates exclusively to a task entrusted to the ESCB or the ECB under the Treaty and the Statute of the ESCB, an infringement procedure may be initiated only on the basis of this Regulation, irrespective of the existence of any national law or regulation which may provide for a separate procedure. If an infringement also relates to one or more areas outside the competence of the ESCB or the ECB, the right to initiate an infringement procedure on the basis of this Regulation shall be independent of any right of a competent national authority to initiate separate procedures in relation to such areas outside the competence of the ESCB or the ECB. This provision shall be without prejudice to the application of criminal law and of national law relating to prudential supervisory competencies in participating Member States, in accordance with Council Regulation (EU) No 1024/2013. |
10. If an infringement relates exclusively to a task entrusted to the ESCB or the ECB under the Treaty and the Statute of the ESCB, an infringement procedure may be initiated only on the basis of this Regulation, irrespective of the existence of any national law or regulation which may provide for a separate procedure. If an infringement also relates to one or more areas outside the competence of the ESCB or the ECB, the right to initiate an infringement procedure on the basis of this Regulation shall be independent of any right of a competent national authority to initiate separate procedures in relation to such areas outside the competence of the ESCB or the ECB. This provision shall be without prejudice to the application of criminal law and of national law relating to prudential supervisory competencies in participating Member States, in accordance with Council Regulation (EU) No 1024/2013. Furthermore, the proceeds accruing from the sanctions referred to in Article 2 of this Regulation shall remain at the disposal of the ECB provided that it specifies a purpose for those proceeds other than financing current expenditure, and provided that it reports on their use to the European Parliament and the Court of Auditors. |
Amendment 9
Draft regulation
Article 1 — point 4 a (new)
Regulation (EC) No 2532/98
Article 4 — paragraph 1
Present text |
Amendment |
||
|
|
||
1. The right to take the decision to initiate an infringement procedure, as provided for in this Regulation, shall expire one year after the existence of the alleged infringement first became known either to the ECB or to the national central bank of the Member State in whose jurisdiction the alleged infringement occurred and, in any case, five years after the infringement occurred, or in the case of a continued infringement, five years after the infringement was terminated. |
|
Amendment 10
Draft regulation
Article 1 — point 5
Regulation (EC) No 2532/98
Article 4c — paragraph 1
Draft of the European Central Bank |
Amendment |
1. By way of derogation from Article 4, the right to take a decision to impose an administrative penalty, with regard to infringements relating to relevant directly applicable acts of Union law as well as to decisions and regulations adopted by the ECB in the exercise of its supervisory tasks, shall expire five years after the infringement occurred or, in the case of a continued infringement, five years after the infringement ceased. |
1. By way of derogation from Article 4, the right to take a decision to impose an administrative penalty, with regard to infringements relating to relevant directly applicable acts of Union law as well as to decisions and regulations adopted by the ECB in the exercise of its supervisory tasks, shall expire five years after the date on which the decision to initiate an infringement procedure was taken or, in the case of a continued infringement, five years after the infringement ceased. |
Amendment 11
Draft regulation
Article 1 — point 5
Regulation (EC) No 2532/98
Article 4c — paragraph 2
Draft of the European Central Bank |
Amendment |
2. Any action taken by the ECB for the purposes of the investigation or proceedings with respect to an infringement shall cause the time limit laid down in paragraph 1 to be interrupted. The limitation period shall be interrupted with effect from the date on which the action is notified to the supervised entity concerned. Each interruption shall cause the time limit to recommence. However, the time limit shall not exceed a period of ten years after the infringement occurred or, in the case of a continued infringement, ten years after the infringement ceased. |
2. Any action taken by the ECB for the purposes of the investigation or proceedings with respect to an infringement shall cause the time limit laid down in paragraph 1 to be interrupted. The limitation period shall be interrupted with effect from the date on which the action is notified to the supervised entity concerned. Each interruption shall cause the time limit to recommence. However, the time limit shall not exceed a period of seven years after the date on which the decision to initiate an infringement procedure was taken or, in the case of a continued infringement, seven years after the infringement ceased. |
Amendment 12
Draft regulation
Article 1 — point 5
Regulation (EC) No 2532/98
Article 4c — paragraph 4 a (new)
Draft of the European Central Bank |
Amendment |
||
|
4a. Actions which interrupt the running of the limitation period shall include in particular the following: |
||
|
|
||
|
|
||
|
|
Amendment 13
Draft regulation
Article 1 — point 5 a (new)
Regulation (EC) No 2532/98
Article 5
Present text |
Amendment |
||
|
|
||
Article 5 |
|
||
Judicial review |
|
||
The Court of Justice of the European Communities shall have unlimited jurisdiction within the meaning of Article 172 of the Treaty over the review of final decisions whereby a sanction is imposed. |
|
Amendment 14
Draft regulation
Article 1 — point 5 b (new)
Regulation (EC) No 2532/98
Article 6 a (new)
Draft of the European Central Bank |
Amendment |
||
|
|
||
|
|
||
|
|
||
|
|
(*) OJ L 287, 29.10.2013, p. 63.
(**) OJ L 287, 29.10.2013, p. 63.