Changes from report parliamentary committee draft to plenary report

AddedFor the purposes of sharing the information referred to in the first subparagraph of this paragraph, the Authority or competent authority shall use the Single Integrated Reporting System referred to in Article 35b, upon its establishment.

Added1a. The Authority and the competent authorities shall each request from the other authorities information they would otherwise request from financial institutions or other competent authorities where both of the following conditions are met:

Added(a) they are entitled to obtain that information pursuant to their mission, objectives, tasks and powers or in accordance with relevant Union law;

Added(b) that information has been obtained by at least one of the other authorities.

AddedThe first subparagraph shall be without prejudice to the possibility for the Authority and the competent authorities to obtain the requested information from financial institutions or other competent authorities where, for operational reasons, the other authority is unable to share the data.

AddedFor the purposes of determining whether the condition referred to in the first subparagraph, point (b), is met, the Authority or the competent authorities shall use the Single Integrated Reporting System referred to in Article 35b, upon its establishment.

Added1b. For the purposes of this Article, Article 35b and Article 70(3), ‘other authorities’ means any of the following authorities:

Added(a) other European Supervisory Authorities;

Added(b) the ESRB;

Added(c) competent authorities, as defined in Article 4, point (2), of this Regulation;

Added(d) competent authorities, as defined in Article 4, point (2), of Regulation (EU) No 1094/2010;

Added(e) competent authorities, as defined in Article 4, point (3), of Regulation (EU) No 1095/2010;

Added(f) the AMLA, as established by Regulation (EU) …/… of the European Parliament and of the Council1a;

Added(g) authorities, as defined in Article 2, point (1), of Directive (EU) …/… of the European Parliament and of the Council1b;

Added(h) the SSM, as defined in Article 2, point (9), of Regulation (EU) No 1024/2013;

Added(i) the SRB;

Added(j) national resolution authorities, as defined in Article 3, point (3), of Regulation (EU) No 806/2014.

AddedFor the purposes of this Article, ‘financial institution’ means a ‘financial institution’ as defined in Article 2, point (a), of Regulation (EU) No 1092/2010.

Added2. The request for exchange of information shall duly indicate the legal basis under Union law allowing the requesting authority to obtain the information from financial institutions or other competent authorities. The requesting authority and the sharing authority shall be subject to the obligations of professional secrecy and data protection laid down in Articles 70 and 71 and in sectoral legislation applicable to the sharing of data between the financial institution and the requesting authority as well as to the sharing of data between the financial institution and the sharing authority. The sharing authority shall inform each relevant financial institution about such exchange of information, unless the information has been anonymised, modified, aggregated or treated by any other method of disclosure control to protect confidential information, without undue delay.

Added3. Paragraphs 1, 1a and 2 shall also apply to information that the sharing authority has received from a financial institution or the other authorities and upon which the sharing authority has subsequently performed quality checks or which the sharing authority has otherwise processed.

Added4. For sharing information as referred to in paragraphs 1, 1a, 2 and 3, the Authority and the other authorities shall enter into memoranda of understanding to specify the modalities of the exchange of information. They shall also specify arrangements for the sharing of resources for the collection and processing of such shared data, provided that such arrangements comply with the applicable rules on data protection, intellectual property and professional secrecy. The memoranda of understanding shall by agreement between all the authorities concerned follow a simple and standardised format, tailored where necessary to any special operating conditions that might apply to specific authorities.

Added5. Paragraphs 1 to 4 shall be without prejudice to the protection of intellectual property rights and shall not prevent or restrict the exchange of information between the Authority and the other authorities ▌ in accordance with provisions in other Union legislation. Where the provisions in this Article conflict with provisions in other Union legislation that regulate the exchange of information between the other authorities ▌, the provisions in such other Union legislation shall prevail.

Added6. Without prejudice to other obligations laid down in Union law for sharing information, the Authority and the competent authorities may , upon justified request, share on a case-by-case basis with the Commission ▌, information that financial institutions have reported to them pursuant to their duties under Union law, ▌ in a form that does not allow the identification of individual entities and does not contain personal data. The authorities which have submitted such information shall be duly informed of the sharing that has taken place.

Added7. The Authority and the competent authorities may grant access to information obtained when carrying out their duties for re-use by financial institutions, researchers and other entities with a legitimate interest in such information for research and innovation purposes, provided that the Authority has ensured that all of the following has been complied with:

Added(a) the information has been anonymised, in such a manner that the data subject or the financial institution is not or no longer identifiable;

Added(b) the information has been modified, aggregated or treated by any other method of disclosure control to protect confidential information, including trade secrets or content covered by intellectual property rights;

Added(c) the parties to whom access has been granted have demonstrated that they have the requisite technical means to protect confidential information, that is, they possess instruments capable of fully ensuring the protection of privacy and confidentiality.

AddedInformation received from another authority shall only be shared on this basis with the agreement of the authority that initially obtained the information.’;

Added7a. The Authority and competent authorities shall, by ... [1 year from the date of entry into force of this amending Regulation], report to the Commission all legal obstacles in sectoral regulations that in any way prevent them from exchanging information with the other authorities or with other entities. The report may also address non-material, obsolete, duplicative or otherwise irrelevant reporting requirements, and suggestions to ensure consistency between reporting requirements of financial and non-financial companies.

AddedOn the basis of that report and taking due account of the protection of intellectual property rights, the obligations of professional secrecy and data protection, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal to remove such legal obstacles in sectoral legislation to foster the exchange of information between authorities and with other entities by ... [2 years after the date of entry into force of this amending Regulation].’;

Added4a. the following article is inserted:

Added‘Article 35b

AddedEstablishment of a Single Integrated Reporting System

Added1. By ... [2 years from the date of entry into force of this amending Regulation], the Authority shall, in close collaboration with the other authorities and the ESCB, prepare a report on the technical details of establishing a Single Integrated Reporting System as well as a roadmap, based on the work on the integration of reporting by the ESAs within their sectors and include an assessment of costs and benefits. For the purposes of that report, the Single Integrated Reporting System shall include:

Added(a) a common data dictionary to ensure consistency and clarity of reporting requirements and data standardisation;

Added(b) a joint repository of reporting and disclosure requirements, of the descriptions of the collected data and of the authorities that hold it;

Added(c) a central data space including the technical design for collecting and exchanging the information; and

Added(d) a permanent single contact point for entities to indicate instances of double reporting, and redundant or obsolete reporting or disclosure requirements.

AddedIn close collaboration with the Commission, the report shall be accompanied by an estimate of the overall financial impact.

AddedThe Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal to ensure the necessary financial, human and IT resources for the establishment of the Single Integrated Reporting System by ... [3 years from the date of entry into force of this amending Regulation].

AddedThe Authority, together with the other authorities shall establish the Single Integrated Reporting System by ... [3 years from the date of entry into force of this amending Regulation]. ’

Added4b. in Article 36, paragraph 2 is replaced by the following:

Added2. The Authority, together with the European System of Central Banks (ESCB), the Commission, the national competent authorities and national statistics authorities, shall cooperate closely with the ESRB by sharing the information and analysis necessary for the achievement of their tasks.

AddedThe Authority shall, together with the ESRB and the ECB, coordinate its efforts to detect, monitor, prevent and mitigate systemic risks to financial stability.

AddedThe Authority shall, in accordance with Article 15(1) to (5) of Regulation (EU) No 1092/2010, comply with the outlined data sharing provisions.

AddedThe Authority, in cooperation with the ESRB, shall have in place adequate internal procedures for the transmission of confidential information, in particular information regarding individual financial institutions.

Added5. in Article 54(2), the following indent is added:

Added‘ — reporting and disclosure requirements and the collection of information from financial market participants.’;

Added6. in Article 70, paragraph 3 is replaced by the following:

Added‘3. Paragraphs 1 and 2 shall not prevent the Authority from exchanging information with the other authorities referred to in Article 35a(1b) in accordance with this Regulation and with other Union legislation applicable to financial market participants.’

AddedAmendments to Regulation (EU) No 806/2014

AddedRegulation (EU) No 806/2014 is amended as follows:

Added1. the following Articles are inserted:

Added‘Article 34a

AddedInformation exchange between authorities and with other entities

Added1. The Board and the national resolution authorities shall share with the other authorities, on a case-by-case or regular basis, information they obtained from financial institutions or other competent authorities, when the requesting authority is entitled to obtain that information, pursuant to its mission, objectives, tasks and powers or in accordance with relevant Union law.

AddedFor the purposes of sharing the information referred to in the first subparagraph of this paragraph, the Board or the national resolution authorities shall use the Single Integrated Reporting System referred to in Article 34b, upon its establishment.

Added2. The Board and the national resolution authorities shall request from the other authorities information they would otherwise request from financial institutions or other competent authorities, where both of the following conditions are met:

Added(a) they are entitled to obtain that information, pursuant to their mission, objectives, tasks and powers or in accordance with relevant Union law;

Added(b) that information has been obtained by at least one of the other authorities.