natgillin/translations-raw huggingface dataset:
And he is concerned that an unnecessary short time limit may pose risks to financial stability within the EU.
And he is concerned that an unnecessary short time limit may pose risks to financial stability within the EU.
Therefore, it is necessary to strike the right balance between streamlining the procedure by reducing the assessment period and determining a reasonable time during which supervisory authorities can assess an acquirer properly.
Therefore, it is necessary to strike the right balance between streamlining the procedure by reducing the assessment period and determining a reasonable time during which supervisory authorities can assess an acquirer properly.
For these reasons, your rapporteur proposes to extend the assessment period to 47 WD (without stopping the clock) and 57 WD (with a stopping of the clock) and accordingly, in case of involvement of third-countries, to 77 WD (without stopping the clock) and 87 WD (with a stopping of the clock).
For these reasons, your rapporteur proposes to extend the assessment period to 47 WD (without stopping the clock) and 57 WD (with a stopping of the clock) and accordingly, in case of involvement of third-countries, to 77 WD (without stopping the clock) and 87 WD (with a stopping of the clock).
Your rapporteur is in favour of a closed list of criteria that will apply all over Europe.
Your rapporteur is in favour of a closed list of criteria that will apply all over Europe.
This will bring more clarity and transparency to the process and certainty for market players.
This will bring more clarity and transparency to the process and certainty for market players.
Moreover, this will prevent a situation where an indefinite number of additional criteria may unduly obstruct a M&A operation.
Moreover, this will prevent a situation where an indefinite number of additional criteria may unduly obstruct a M&A operation.
In your rapporteur´s view, the proposed criteria broadly provide the needed framework to conduct a proper supervisory assessment and are proportionate to the scope of the directive.
In your rapporteur´s view, the proposed criteria broadly provide the needed framework to conduct a proper supervisory assessment and are proportionate to the scope of the directive.
Yet he believes some clarification and refinement is needed, in particular as regards the criterion of "reputation of the acquirer", thus it should be considered with due regard to the fact that a potential acquirer is or is not an EU licensed and regulated entity.
Yet he believes some clarification and refinement is needed, in particular as regards the criterion of "reputation of the acquirer", thus it should be considered with due regard to the fact that a potential acquirer is or is not an EU licensed and regulated entity.
In the first case, the assessment of the first criterion is to a large extent simplified because the acquirer is duly licensed and supervised within the EU.
In the first case, the assessment of the first criterion is to a large extent simplified because the acquirer is duly licensed and supervised within the EU.
Your rapporteur agrees that if specification of technical details of the criteria is needed in future, it should be conducted via comitology.
Your rapporteur agrees that if specification of technical details of the criteria is needed in future, it should be conducted via comitology.
Furthermore, it must be ensured that the target entity continues to fulfil all prudential requirements for the sector in question.
Furthermore, it must be ensured that the target entity continues to fulfil all prudential requirements for the sector in question.
The proposed measure should by no means encourage individuals or institutions willing to conduct banking (or insurance) business to evade stricter authorisation requirements by acquiring a bank (or insurance).
The proposed measure should by no means encourage individuals or institutions willing to conduct banking (or insurance) business to evade stricter authorisation requirements by acquiring a bank (or insurance).
Your rapporteur supports the practical approach which leaves upon Member States the responsibility to define the list of documents that a potential acquirer has to submit.
Your rapporteur supports the practical approach which leaves upon Member States the responsibility to define the list of documents that a potential acquirer has to submit.
Notwithstanding this fact, further coordination within level 3 Lamfalussy committees (CEIOPS, CESR and CEBS) and development of a common approach in this area is highly desirable.
Notwithstanding this fact, further coordination within level 3 Lamfalussy committees (CEIOPS, CESR and CEBS) and development of a common approach in this area is highly desirable.
A review by the Commission two years after the transposition of the Directives would allow an examination of the degree of comparability of national lists.
A review by the Commission two years after the transposition of the Directives would allow an examination of the degree of comparability of national lists.
Should the progress be insufficient, an action at EU level would be necessary to define requirements at EU level in order to ensure a level-playing field.
Should the progress be insufficient, an action at EU level would be necessary to define requirements at EU level in order to ensure a level-playing field.
It also needs to be stressed that the complexity of M&A varies .
It also needs to be stressed that the complexity of M&A varies .
Accordingly, the requested information must be proportionate .
Accordingly, the requested information must be proportionate .
A M&A occurring in the same sector and involving a potential acquirer already duly licensed and supervised in the EU is a rather simpler case compared to a cross-sector one.
A M&A occurring in the same sector and involving a potential acquirer already duly licensed and supervised in the EU is a rather simpler case compared to a cross-sector one.
The complexity augments if a third-country or an unregulated entity is involved.
The complexity augments if a third-country or an unregulated entity is involved.
It must be added that an acquisition of qualifying shareholdings may result in a transfer of effective control of the target entity.
It must be added that an acquisition of qualifying shareholdings may result in a transfer of effective control of the target entity.
However, there should be the possibility for supervisors, in justified cases, to request less extensive information for the purpose of an assessment, so that market participants are able to operate effectively in the securities market.
However, there should be the possibility for supervisors, in justified cases, to request less extensive information for the purpose of an assessment, so that market participants are able to operate effectively in the securities market.
This is relevant for fund managers or custodians who either keep the acquired shares for a very short time or do not exercise voting rights attached to them .
This is relevant for fund managers or custodians who either keep the acquired shares for a very short time or do not exercise voting rights attached to them .
However, financial stability should not be put at risk.
However, financial stability should not be put at risk.
Your rapporteur is in favour of maintaining the status quo and preserving the decisive role of the competent authority of the Member State where the target is situated.
Your rapporteur is in favour of maintaining the status quo and preserving the decisive role of the competent authority of the Member State where the target is situated.
Nevertheless, he believes that in particular in complex cases when several supervisors are involved, close cooperation between all supervisors and transparency as regards their eventually diverging views and reasons is cardinal.
Nevertheless, he believes that in particular in complex cases when several supervisors are involved, close cooperation between all supervisors and transparency as regards their eventually diverging views and reasons is cardinal.
Your rapporteur believes that in case of a negative decision the supervisor of the target shall give an adequate explanation allowing understanding of reasons .
Your rapporteur believes that in case of a negative decision the supervisor of the target shall give an adequate explanation allowing understanding of reasons .
Such general requirement will, together with a right of appeal, prevent any arbitrary decision that occurred in the past.
Such general requirement will, together with a right of appeal, prevent any arbitrary decision that occurred in the past.
It must be stressed that the potential acquirer has the duty to provide the supervisor with all necessary information and the supervisor has the duty to assess the potential acquirer in the light of the criteria laid down in this proposal.
It must be stressed that the potential acquirer has the duty to provide the supervisor with all necessary information and the supervisor has the duty to assess the potential acquirer in the light of the criteria laid down in this proposal.
Your rapporteur considers it useful to give access to the Commission to those documents on which the negative decision of supervisor of the target is based.
Your rapporteur considers it useful to give access to the Commission to those documents on which the negative decision of supervisor of the target is based.
The Commission should address its request to Member States , thereby maintaining the usual way of cooperation.
The Commission should address its request to Member States , thereby maintaining the usual way of cooperation.
The Member States will then get in touch with their supervisors.
The Member States will then get in touch with their supervisors.
Proposal for a directive of the European Parliament and of the Council amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of shareholdings in the financial sector
Proposal for a directive of the European Parliament and of the Council amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of shareholdings in the financial sector
ECON 12.10.2006
ECON 12.10.2006
JURI 12.10.2006
JURI 12.10.2006
JURI 11.12.2006
JURI 11.12.2006
IMCO 27.11.2006
IMCO 27.11.2006
Wolf Klinz 15.5.2006
Wolf Klinz 15.5.2006
Zsolt László Becsey, Pervenche Berès, Sharon Bowles, Udo Bullmann, Ieke van den Burg, David Casa, Corina Cretu, Philip Dimitrov Dimitrov; Jan Christian Ehler, Elisa Ferreira, José Manuel García-Margallo y Marfil, Robert Goebbels, Benoît Hamon, Gunnar Hökmark, Othmar Karas, Piia-Noora Kauppi, Wolf Klinz, Guntars Krasts, Andrea Losco, Astrid Lulling, Gay Mitchell, Cristobal Montoro Romero, Joseph Muscat, John Purvis, Alexander Radwan, Bernhard Rapkay, Eoin Ryan, Antolín Sánchez Presedo, Manuel António dos Santos, Peter Skinner, Margarita Starkevičiūtė, Ivo Strejček
Zsolt László Becsey, Pervenche Berès, Sharon Bowles, Udo Bullmann, Ieke van den Burg, David Casa, Corina Cretu, Philip Dimitrov Dimitrov; Jan Christian Ehler, Elisa Ferreira, José Manuel García-Margallo y Marfil, Robert Goebbels, Benoît Hamon, Gunnar Hökmark, Othmar Karas, Piia-Noora Kauppi, Wolf Klinz, Guntars Krasts, Andrea Losco, Astrid Lulling, Gay Mitchell, Cristobal Montoro Romero, Joseph Muscat, John Purvis, Alexander Radwan, Bernhard Rapkay, Eoin Ryan, Antolín Sánchez Presedo, Manuel António dos Santos, Peter Skinner, Margarita Starkevičiūtė, Ivo Strejček
Mia De Vits, Ján Hudacký, Thomas Mann, Sahra Wagenknecht
Mia De Vits, Ján Hudacký, Thomas Mann, Sahra Wagenknecht
Ingeborg Gräßle; Adina-Ioana Vălean
Ingeborg Gräßle; Adina-Ioana Vălean
за предложението за решение на Съвета за сключване на споразумение между Европейската общност и Руската федерация относно реадмисията
on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Russian Federation on readmission
Maria da Assunção Esteves ,
Maria da Assunção Esteves
PE 378.768v03-00
PE 378.768v03-00
EXPLANATORY STATEMENT................................................................................................6
EXPLANATORY STATEMENT................................................................................................6
OPINION of the Committee on Foreign Affairs .................................................12
OPINION of the Committee on Foreign Affairs .................................................12
– като взе предвид предложението за решение на Съвета ( COM(2006)0191 )
– having regard to the proposal for a Council decision ( COM(2006)0191 )
– като взе предвид член 63, параграф 3, буква б) и член 300, параграф 2, алинея 1, изречение първо от Договора за ЕО,
– having regard to Articles 63(3)(b) and 300(2), first subparagraph, first sentence, of the EC Treaty,
– като взе предвид член 300, параграф 3, алинея 1 от Договора за ЕО, съобразно който Съветът се е допитал до него ( C6‑0168/2006 ),
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament ( C6‑0168/2006 ),
– като взе предвид доклада на комисия по граждански свободи, правосъдие и вътрешни работи и становището на комисията по външни работи ( A6‑0028/2007 ),
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Foreign Affairs ( A6‑0028/2007 ),
The agreement: history and reasons
The agreement: history and reasons
1.1 History
1.1 History
The readmission agreement between the European Community and the Russian Federation is the fifth of its kind to have been negotiated and concluded by the Community with a non-member country.
The readmission agreement between the European Community and the Russian Federation is the fifth of its kind to have been negotiated and concluded by the Community with a non-member country.
Conclusion of a readmission agreement with Russia was already included among the measures proposed in the EU joint strategy adopted on 4 June 1999.
Conclusion of a readmission agreement with Russia was already included among the measures proposed in the EU joint strategy adopted on 4 June 1999.
The first round of negotiations was held in Moscow on 23 January 2003.
The first round of negotiations was held in Moscow on 23 January 2003.
From October 2004, the negotiations proceeded in parallel with the negotiations on the EU-Russia visa facilitation agreement.
From October 2004, the negotiations proceeded in parallel with the negotiations on the EU-Russia visa facilitation agreement.
The two agreements were formally initialled in Moscow on 4 April 2006.
The two agreements were formally initialled in Moscow on 4 April 2006.
Because the visa facilitation agreement and the readmission agreement are linked, they should both be signed and concluded and enter into force at the same time.
Because the visa facilitation agreement and the readmission agreement are linked, they should both be signed and concluded and enter into force at the same time.
The thinking behind the agreements is reciprocal political compensation.
The thinking behind the agreements is reciprocal political compensation.
The final substance of the readmission agreement with Russia can be summarised as follows: the readmission obligations set out in the agreement (Articles 2 to 5) are based on a reciprocity rule and cover nationals of the contracting parties (Articles 2 and 4), along with third-country nationals and stateless persons (Articles 3 and 5).
The final substance of the readmission agreement with Russia can be summarised as follows: the readmission obligations set out in the agreement (Articles 2 to 5) are based on a reciprocity rule and cover nationals of the contracting parties (Articles 2 and 4), along with third-country nationals and stateless persons (Articles 3 and 5).
The agreement also contains provisions relating to conditions for readmission (Articles 3 and 5); transit operations (Articles 14 and 15, in conjunction with Annex 6); technical aspects of the readmission procedure (Articles 6 to 13, in conjunction with Annexes 1 to 5); rules on costs, data protection, and the relationship to other international obligations (Articles 16 to 18); and the membership, tasks, and powers of the Joint Readmission Committee (Article 19).
The agreement also contains provisions relating to conditions for readmission (Articles 3 and 5); transit operations (Articles 14 and 15, in conjunction with Annex 6); technical aspects of the readmission procedure (Articles 6 to 13, in conjunction with Annexes 1 to 5); rules on costs, data protection, and the relationship to other international obligations (Articles 16 to 18); and the membership, tasks, and powers of the Joint Readmission Committee (Article 19).
To enable the agreement to be translated into practice, Article 20 requires Russia to conclude bilateral implementing protocols with all the Member States.
To enable the agreement to be translated into practice, Article 20 requires Russia to conclude bilateral implementing protocols with all the Member States.
Readmission agreements fit into the Union’s wider migration management strategy, which is intended to be primarily preventive and based on cooperation with countries of origin and transit.
Readmission agreements fit into the Union’s wider migration management strategy, which is intended to be primarily preventive and based on cooperation with countries of origin and transit.
Readmission constitutes the last resort.
Readmission constitutes the last resort.
Voluntary return is to be preferred to forced return.
Voluntary return is to be preferred to forced return.
However, the strategy laid down by the Union along these lines does not always find the proper practical expression.
However, the strategy laid down by the Union along these lines does not always find the proper practical expression.
Given the difficulty of organising effective cooperation with countries of origin, the Union has been seeking above all to find ways to send immigrants back more quickly.
Given the difficulty of organising effective cooperation with countries of origin, the Union has been seeking above all to find ways to send immigrants back more quickly.
One thing that is often overlooked is what the immigrants have to face when in transit and on arrival in their countries of origin.
One thing that is often overlooked is what the immigrants have to face when in transit and on arrival in their countries of origin.
A policy to regulate illegal immigration has to be linked indissolubly to a human rights policy.
A policy to regulate illegal immigration has to be linked indissolubly to a human rights policy.
In order to be legitimate, readmission agreements must rule out a summarily or simplistically technical, as opposed to humanitarian, approach to the phenomenon of illegal immigration.
In order to be legitimate, readmission agreements must rule out a summarily or simplistically technical, as opposed to humanitarian, approach to the phenomenon of illegal immigration.
The question of readmission is not as cut and dried as it seems at first sight.
The question of readmission is not as cut and dried as it seems at first sight.
A fair readmission procedure implies that the contracting parties have to have an unequivocally democratic state structure and the organisation of their institutions and their political practice must be certain to guarantee human rights.
A fair readmission procedure implies that the contracting parties have to have an unequivocally democratic state structure and the organisation of their institutions and their political practice must be certain to guarantee human rights.
Relations between the EU and Russia are going through a critical phase.
Relations between the EU and Russia are going through a critical phase.
The advent of a new partnership and cooperation agreement after 2007 depends on the perception of the human rights situation in Russia.
The advent of a new partnership and cooperation agreement after 2007 depends on the perception of the human rights situation in Russia.
Parliament’s role
Parliament’s role
When international agreements are being concluded, it makes no sense for Parliament to act solely as an observer.
When international agreements are being concluded, it makes no sense for Parliament to act solely as an observer.
In fact, Parliament is not consulted until the stage at which it is no longer possible to alter the substance of an agreement or prevent it being concluded.
In fact, Parliament is not consulted until the stage at which it is no longer possible to alter the substance of an agreement or prevent it being concluded.
It is true that Article 300 of the EC Treaty provides merely for Parliament to be consulted in cases of this kind.
It is true that Article 300 of the EC Treaty provides merely for Parliament to be consulted in cases of this kind.
On the other hand, the Council and Commission should keep Parliament regularly informed once negotiations have opened: the duty to cooperate in good faith (Article 10 of the Treaty) applies not only to relations between the Member States and the Community institutions, but also to relations between the institutions themselves.
On the other hand, the Council and Commission should keep Parliament regularly informed once negotiations have opened: the duty to cooperate in good faith (Article 10 of the Treaty) applies not only to relations between the Member States and the Community institutions, but also to relations between the institutions themselves.
Parliament will continue to call on the Council and Commission to fulfil this information obligation whenever the EU concludes agreements in the future with non-member countries.
Parliament will continue to call on the Council and Commission to fulfil this information obligation whenever the EU concludes agreements in the future with non-member countries.
Parliament welcomes the fact that a directive of the European Parliament and of the Council on common standards and procedures for returning illegally staying third-country nationals ( COM(2005)0391 – 2005/0167(COD) ) is shortly to come into being; this directive is subject to codecision and its essential principles must be observed in every specific readmission agreement.
Parliament welcomes the fact that a directive of the European Parliament and of the Council on common standards and procedures for returning illegally staying third-country nationals ( COM(2005)0391 – 2005/0167(COD) ) is shortly to come into being; this directive is subject to codecision and its essential principles must be observed in every specific readmission agreement.
The question of international agreements and the complex subject of migration which they involve demand that European decisions be taken on a democratic footing.
The question of international agreements and the complex subject of migration which they involve demand that European decisions be taken on a democratic footing.
Furthermore, the Constitutional Treaty will bring the necessary unity, coherence, and parliamentary decision-making power to the Union’s external policy.
Furthermore, the Constitutional Treaty will bring the necessary unity, coherence, and parliamentary decision-making power to the Union’s external policy.
Return policy and human rights: background and procedural conditions
Return policy and human rights: background and procedural conditions
Human rights must have pride of place in the readmission agreement.
Human rights must have pride of place in the readmission agreement.
This implies a need to create conditions enabling the dignity of illegal immigrants to be respected.
This implies a need to create conditions enabling the dignity of illegal immigrants to be respected.
Readmission agreements are fundamentally a human and not a technical matter.
Readmission agreements are fundamentally a human and not a technical matter.
The Union must not fail to make the effort needed for the agreement to succeed.
The Union must not fail to make the effort needed for the agreement to succeed.