# C_2016289EN.01008701.xml

| 9.8.2016 | EN | Official Journal of the European Union | C 289/87 |
| --- | --- | --- | --- |

9.8.2016

EN

Official Journal of the European Union

C 289/87

---

P8_TA(2014)0061

Collection of statistical information by the European Central Bank *

European Parliament legislative resolution of 26 November 2014 on the draft Council regulation amending Regulation (EC) No 2533/98 concerning the collection of statistical information by the European Central Bank (11200/2014 — C8-0109/2014 — 2014/0808(CNS))

(Consultation)

(2016/C 289/17)

The European Parliament,

The European Parliament

| — | having regard to the recommendation of the European Central Bank (11200/2014 –ECB/2014/13), |
| --- | --- |

—

having regard to the recommendation of the European Central Bank (11200/2014 –ECB/2014/13),

| — | having regard to Article 129(4) of the Treaty on the Functioning of the European Union, and Articles 5.4 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 (C8-0109/2014), |
| --- | --- |

—

having regard to Article 129(4) of the Treaty on the Functioning of the European Union, and Articles 5.4 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 (C8-0109/2014),

| — | having regard to the Memorandum of Understanding on the cooperation between the Members of the European Statistical System and the Members of the European System of Central Banks of 24 April 2013, |
| --- | --- |

—

having regard to the Memorandum of Understanding on the cooperation between the Members of the European Statistical System and the Members of the European System of Central Banks of 24 April 2013,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A8-0027/2014), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A8-0027/2014),

| 1. | Approves the draft proposed in the recommendation of the European Central Bank as amended; |
| --- | --- |

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; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

4.

Instructs its President to forward its position to the Council, the European Central Bank and the Commission.

Amendment 1

Amendment 1

Draft regulation

Draft regulation

Article 1 — point - 1 — point 1 (new)

Article 1 — point - 1 — point 1 (new)

Regulation (EC) No 2533/98

Article 3 — paragraph 1 — point c

| Present text | Amendment |
| --- | --- |
| | 1.
     
  In the first paragraph of Article 3, point (c) is replaced by the following: |
| (c) | may fully or partly exempt specific classes of reporting agents from its statistical reporting requirements. |

Present text

Present text

Amendment

Amendment

1.
     
  In the first paragraph of Article 3, point (c) is replaced by the following:

1.

In the first paragraph of Article 3, point (c) is replaced by the following:

(c)

may fully or partly exempt specific classes of reporting agents from its statistical reporting requirements.

| ‘(c) | may fully or partly exempt specific classes of reporting agents from its statistical reporting requirements.
  Any exemption of specific classes of reporting agents shall be in the form of a motivated written decision. That decision shall be made public;’ |
| --- | --- |

‘(c)

may fully or partly exempt specific classes of reporting agents from its statistical reporting requirements.
  Any exemption of specific classes of reporting agents shall be in the form of a motivated written decision. That decision shall be made public;’

Amendment 2

Amendment 2

Draft regulation

Draft regulation

Article 1 — point - 1 — point 2 (new)

Article 1 — point - 1 — point 2 (new)

Regulation (EC) No 2533/98

Article 3 — paragraph 1 — point d (new)

| Draft of the European Central Bank | Amendment |
| --- | --- |
| | 2.
     
  In the first paragraph of Article 3, the following point is added: |
| | ‘(d) | shall take into account relevant provisions in Union legislation on market coverage and the scope of data collection.’ |

Draft of the European Central Bank

Draft of the European Central Bank

Amendment

Amendment

2.
     
  In the first paragraph of Article 3, the following point is added:

2.

In the first paragraph of Article 3, the following point is added:

‘(d)

shall take into account relevant provisions in Union legislation on market coverage and the scope of data collection.’

Amendment 3

Amendment 3

Draft regulation

Draft regulation

Article 1 — point - 1 — point 3 (new)

Article 1 — point - 1 — point 3 (new)

Regulation (EC) No 2533/98

Article 3 — paragraph 1a (new)

| Draft of the European Central Bank | Amendment |
| --- | --- |
| | 3.
     
  In Article 3, the following paragraph is inserted after the first paragraph: |
| | ‘Economic agents may be allowed to submit information through their regular reporting channel.’ |

Draft of the European Central Bank

Draft of the European Central Bank

Amendment

Amendment

3.
     
  In Article 3, the following paragraph is inserted after the first paragraph:

3.

In Article 3, the following paragraph is inserted after the first paragraph:

‘Economic agents may be allowed to submit information through their regular reporting channel.’

Amendment 4

Amendment 4

Draft regulation

Draft regulation

Article 1 — point - 1a — point 1 (new)

Article 1 — point - 1a — point 1 (new)

Regulation (EC) No 2533/98

Article 5 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | 1.
     
  Article 5(1) is replaced by the following: |
| 1.   The ECB may adopt regulations for the definition and imposition of its statistical reporting requirements on the actual reporting population of participating Member States. | ‘1.   The ECB may adopt regulations for the definition and imposition of its statistical reporting requirements on the actual reporting population of participating Member States.
  The ECB shall respect the principle of proportionality in the definition and imposition of statistical reporting requirements.’ |

Present text

Present text

Amendment

Amendment

1.
     
  Article 5(1) is replaced by the following:

1.

Article 5(1) is replaced by the following:

1.   The ECB may adopt regulations for the definition and imposition of its statistical reporting requirements on the actual reporting population of participating Member States.

‘1.   The ECB may adopt regulations for the definition and imposition of its statistical reporting requirements on the actual reporting population of participating Member States.
  The ECB shall respect the principle of proportionality in the definition and imposition of statistical reporting requirements.’

Amendment 5

Amendment 5

Draft regulation

Draft regulation

Article 1 — point - 1b — point 1 (new)

Article 1 — point - 1b — point 1 (new)

Regulation (EC) No 2533/98

Article 6 — paragraph 1 — introductory part

| Present text | Amendment |
| --- | --- |
| | 1.
     
  In Article 6(1), the introductory part is replaced by the following: |
| 1.   If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (10). The right to verify statistical information or to carry out compulsory collection thereof shall comprise the right to: | ‘1.   If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (10). The right to verify statistical information or to carry out compulsory collection thereof shall comprise
  in particular
  the right to:’ |

Present text

Present text

Amendment

Amendment

1.
     
  In Article 6(1), the introductory part is replaced by the following:

1.

In Article 6(1), the introductory part is replaced by the following:

1.   If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (10). The right to verify statistical information or to carry out compulsory collection thereof shall comprise the right to:

‘1.   If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (10). The right to verify statistical information or to carry out compulsory collection thereof shall comprise
  in particular
  the right to:’

Amendment 6

Amendment 6

Draft regulation

Draft regulation

Article 1 — point - 1b — point 2 (new)

Article 1 — point - 1b — point 2 (new)

Regulation (EC) No 2533/98

Article 6 — paragraph 1 — point b

| Present text | Amendment |
| --- | --- |
| | 2.
     
  In Article 6(1), point (b) is replaced by the following: |
| (b) | examine the books and records of the reporting agents; |

Present text

Present text

Amendment

Amendment

2.
     
  In Article 6(1), point (b) is replaced by the following:

2.

In Article 6(1), point (b) is replaced by the following:

(b)

examine the books and records of the reporting agents;

| ‘(b) | examine the books and records of the reporting agents
  , including raw data
  ;’ |
| --- | --- |

‘(b)

examine the books and records of the reporting agents
  , including raw data
  ;’

Amendment 7

Amendment 7

Draft regulation

Draft regulation

Article 1 — point - 1c — point 1 (new)

Article 1 — point - 1c — point 1 (new)

Regulation (EC) No 2533/98

Article 7 — paragraph 2 — point b

| Present text | Amendment |
| --- | --- |
| | 1.
     
  In Article 7(2), point (b) is replaced by the following: |
| (b) | the statistical information is incorrect, incomplete or in a form not complying with the requirement. |

Present text

Present text

Amendment

Amendment

1.
     
  In Article 7(2), point (b) is replaced by the following:

1.

In Article 7(2), point (b) is replaced by the following:

(b)

the statistical information is incorrect, incomplete or in a form not complying with the requirement.

| ‘(b) | the statistical information is
  falsified, manipulated,
  incorrect, incomplete or in a form not complying with the requirement.’ |
| --- | --- |

‘(b)

the statistical information is
  falsified, manipulated,
  incorrect, incomplete or in a form not complying with the requirement.’

Amendment 8

Amendment 8

Draft regulation

Draft regulation

Article 1 — point - 1c — point 2 (new)

Article 1 — point - 1c — point 2 (new)

Regulation (EC) No 2533/98

Article 7 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | 2.
     
  Article 7(3) is replaced by the following: |
| 3.   The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection. | ‘3.   The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the
  falsification and/or
  removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection.’ |

Present text

Present text

Amendment

Amendment

2.
     
  Article 7(3) is replaced by the following:

2.

Article 7(3) is replaced by the following:

3.   The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection.

‘3.   The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the
  falsification and/or
  removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection.’

Amendment 9

Amendment 9

Draft regulation

Draft regulation

Article 1 — point - 1c — point 3 (new)

Article 1 — point - 1c — point 3 (new)

Regulation (EC) No 2533/98

Article 7 — paragraph 6

| Present text | Amendment |
| --- | --- |
| | 3.
     
  Article 7(6) is replaced by the following: |
| 6.   In exercising the powers provided for in this Article, the ECB shall act in accordance with the principles and procedures as set out in Regulation (EC) No 2532/98. | ‘6.   In exercising the powers provided for in this Article, the ECB shall act in accordance with the principles and procedures as set out in Regulation (EC) No 2532/98
  and in Regulation (EU) No 1024/2013.’ |

Present text

Present text

Amendment

Amendment

3.
     
  Article 7(6) is replaced by the following:

3.

Article 7(6) is replaced by the following:

6.   In exercising the powers provided for in this Article, the ECB shall act in accordance with the principles and procedures as set out in Regulation (EC) No 2532/98.

‘6.   In exercising the powers provided for in this Article, the ECB shall act in accordance with the principles and procedures as set out in Regulation (EC) No 2532/98
  and in Regulation (EU) No 1024/2013.’

Amendment 10

Amendment 10

Draft regulation

Draft regulation

Article 1 — point 2

Article 1 — point 2

Regulation (EC) No 2533/98

Article 8 — paragraph 4 — point a

| Draft of the European Central Bank | Amendment |
| --- | --- |
| ‘(a) | to the extent and at the level of detail necessary for the performance of tasks of the ESCB referred to in the Treaty or tasks in the field of prudential supervision conferred on the
  members of the ESCB
  ; or’ |

Draft of the European Central Bank

Draft of the European Central Bank

Amendment

Amendment

‘(a)

to the extent and at the level of detail necessary for the performance of tasks of the ESCB referred to in the Treaty or tasks in the field of prudential supervision conferred on the
  members of the ESCB
  ; or’

| ‘(a) | to the extent and at the level of detail necessary for the performance of tasks of the ESCB referred to in the Treaty or tasks in the field of prudential supervision conferred on the
  ECB
  ; or’ |
| --- | --- |

‘(a)

to the extent and at the level of detail necessary for the performance of tasks of the ESCB referred to in the Treaty or tasks in the field of prudential supervision conferred on the
  ECB
  ; or’

Amendment 11

Amendment 11

Draft regulation

Draft regulation

Article 1 — point 3a (new)

Article 1 — point 3a (new)

Regulation (EC) No 2533/98

Article 8 — paragraph 4b (new)

| Draft of the European Central Bank | Amendment |
| --- | --- |
| | 3a.
     
  The following paragraph is inserted: |
| | ‘4b.
     
  Within their respective spheres of competence, the authorities or bodies of the Member States and of the Union responsible for the supervision of financial institutions, markets and infrastructures or the stability of the financial system in accordance with Union or national law, to which confidential statistical information is transmitted in accordance with paragraph 4a, shall take all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information. The Member States shall ensure that any confidential statistical information which is transmitted to the ESM in accordance with paragraph 4a is subject to all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information.’ |

Draft of the European Central Bank

Draft of the European Central Bank

Amendment

Amendment

3a.
     
  The following paragraph is inserted:

3a.

The following paragraph is inserted:

‘4b.
     
  Within their respective spheres of competence, the authorities or bodies of the Member States and of the Union responsible for the supervision of financial institutions, markets and infrastructures or the stability of the financial system in accordance with Union or national law, to which confidential statistical information is transmitted in accordance with paragraph 4a, shall take all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information. The Member States shall ensure that any confidential statistical information which is transmitted to the ESM in accordance with paragraph 4a is subject to all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information.’

---