amendment list, 7 July 2026
Amending Directives (EU) 2016/2341 and 2016/97 as regards the strengthening of the framework for occupational retirement provision
Document ECON-AM-790235 · (COM(2025)0842 – 2025/0362(COD))
Committee on Economic and Monetary Affairs
Full text
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Text 2,237 paragraphs
Amendment 337
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Directive (EU) 2016/2341
Article 19 – paragraph 1 d
| Text proposed by the Commission | Amendment |
|---|---|
| 1d. For the purposes of paragraph 1c, sustainability preferences shall mean a member’s, beneficiary’s, or prospective member’s choice as to whether and, if so, to what extent, one or more of the following financial instruments are to be integrated into his or her investment: | deleted |
| (a) a financial instrument for which the customer or potential customer determines that a minimum proportion is to be invested in environmentally sustainable investments as defined in Article 2, point (1), of Regulation (EU) 2020/852 of the European Parliament and of the Council\*\*; | |
| (b) a financial instrument for which the customer or potential customer determines that a minimum proportion shall be invested in sustainable investments as defined in Article 2, point (17), of Regulation (EU) 2019/2088; | |
| (c) a financial instrument that considers principal adverse impacts on sustainability factors, as defined in Article 2, point (24), of Regulation (EU) 2019/2088, where qualitative or quantitative elements demonstrating that consideration are determined by the customer or potential customer.; |
Or. en
Amendment 338
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Read the rest (2,225 paragraphs)
Directive (EU) 2016/2341
Article 19 – paragraph 1d
| Text proposed by the Commission | Amendment |
|---|---|
| 1d. For the purposes of paragraph 1c, sustainability preferences shall mean a member’s, beneficiary’s, or prospective member’s choice as to whether and, if so, to what extent, one or more of the following financial instruments are to be integrated into his or her investment: | deleted |
| (a) a financial instrument for which the customer or potential customer determines that a minimum proportion is to be invested in environmentally sustainable investments as defined in Article 2, point (1), of Regulation (EU) 2020/852 of the European Parliament and of the Council\*\*; | |
| (b) a financial instrument for which the customer or potential customer determines that a minimum proportion shall be invested in sustainable investments as defined in Article 2, point (17), of Regulation (EU) 2019/2088; | |
| (c) a financial instrument that considers principal adverse impacts on sustainability factors, as defined in Article 2, point (24), of Regulation (EU) 2019/2088, where qualitative or quantitative elements demonstrating that consideration are determined by the customer or potential customer.; |
Or. en
Justification
Paragraphs 1c and 1d transplant the MiFID II individual suitability framework into a collective occupational pension context where individual preference elicitation is operationally unworkable. Reflecting disaggregated member preferences within collective DB schemes conflicts with their fundamental structure. The definitions cross-reference SFDR provisions currently under revision, creating legal uncertainty.
Amendment 339
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Directive (EU) 2016/2341
Article 19 – paragraph 1d
| Text proposed by the Commission | Amendment |
|---|---|
| 1d. For the purposes of paragraph 1c, sustainability preferences shall mean a member’s, beneficiary’s, or prospective member’s choice as to whether and, if so, to what extent, one or more of the following financial instruments are to be integrated into his or her investment: | deleted |
| (a) a financial instrument for which the customer or potential customer determines that a minimum proportion is to be invested in environmentally sustainable investments as defined in Article 2, point (1), of Regulation (EU) 2020/852 of the European Parliament and of the Council\*\*; | |
| (b) a financial instrument for which the customer or potential customer determines that a minimum proportion shall be invested in sustainable investments as defined in Article 2, point (17), of Regulation (EU) 2019/2088; | |
| (c) a financial instrument that considers principal adverse impacts on sustainability factors, as defined in Article 2, point (24), of Regulation (EU) 2019/2088, where qualitative or quantitative elements demonstrating that consideration are determined by the customer or potential customer.; |
Or. en
Justification
IORPs should remain free to decide how to gauge sustainability preferences, since this is not in all cases about individual investment choices (could also be collective).
Amendment 340
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Directive (EU) 2016/2341
Article 19 – paragraph 1d
| Text proposed by the Commission | Amendment |
|---|---|
| 1d. For the purposes of paragraph 1c, sustainability preferences shall mean a member’s, beneficiary’s, or prospective member’s choice as to whether and, if so, to what extent, one or more of the following financial instruments are to be integrated into his or her investment: | 1d. The IORP shall publish the aggregated results of the survey and explain how those results have been reflected in the investment policy. No minimum allocation to green or environmentally oriented investments shall be imposed. The preferences expressed shall be implemented only to the extent that this is compatible with the prudent person principle, the nature and duration of the liabilities and the overriding duty to act in the best financial interests of members and beneficiaries. Where the survey does not demonstrate a clear preference, the IORP shall not be required to establish a specific allocation to such investments. |
Or. en
Justification
Participants, rather than regulators or IORP managers, should determine whether their pension savings may be used for green investments and the maximum permissible allocation. The approach respects participant choice without creating a compulsory green investment quota.
Amendment 341
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, René Repasi
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Directive (EU) 2016/2341
Article 19 – paragraph 1d
| Text proposed by the Commission | Amendment |
|---|---|
| 1d. For the purposes of paragraph 1c, sustainability preferences shall mean a member’s, beneficiary’s, or prospective member’s choice as to whether and, if so, to what extent, one or more of the following financial instruments are to be integrated into his or her investment: | 1d. For the purposes of paragraph 1c, sustainability preferences shall mean a member’s, beneficiary’s, or prospective member’s choice as to whether and, if so, to what extent the IORP should invest in accordance with the categories as set out in Article 7, 8 and 9 of [Revised Regulation (EU) 2019/2088)]. |
Or. en
Amendment 342
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b b (new)
Directive (EU) 2016/2341
Article 19 – paragraph 4
| Present text | Amendment |
|---|---|
| (bb) paragraph 4 is amended as follows: | |
| 4. Member States shall not require IORPs registered or authorised in their territory to invest in particular categories of assets. | "4. Member States shall not require IORPs registered or authorised in their territory to invest in specific categories or types of assets and shall not introduce geographical or other mandates and minimum amounts for investments by IORPs." |
Or. en
(32016L2341)
Amendment 343
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c – introductory part
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| (c) paragraph 6 | (c) paragraph 6 is replaced by the following: |
| In accordance with the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, provided they are prudentially justified. | In accordance with paragraphs 1 to 5, Member States may empower the competent authority to lay down more detailed investment rules, provided that those rules are individually and prudentially justified, risk-based and proportionate. |
| Any such rules shall be applied only where the investment risk is borne by the members and beneficiaries. However, in such cases, IORPs shall not be prevented from: | Such rules shall not require an IORP to invest a fixed minimum or maximum proportion of its portfolio in a particular asset, asset class, currency, sector, issuer, geographical area, investment vehicle or instrument linked to a public policy programme. Nor shall an IORP be required to invest in instruments issued or guaranteed by the European Investment Bank or provided through a particular Union or national fund or programme. |
| (a) investing up to 70 % of the assets covering the technical provisions or of the whole portfolio for schemes in which the members bear the investment risks in shares, negotiable securities treated as shares and corporate bonds admitted to trading on regulated markets, or through MTFs or OTFs, and deciding on the relative weight of those securities in their investment portfolio; | The second subparagraph shall be without prejudice to individual prudential measures necessary to address an identified and material concentration, liquidity, currency-mismatch, counterparty or sponsoring-undertaking risk. |
| (b) investing up to 30 % of the assets covering technical provisions in assets denominated in currencies other than those in which the liabilities are expressed; | |
| (c) investing in instruments that have a long-term investment horizon and are not traded on regulated markets, MTFs or OTFs; | |
| (d) investing in instruments that are issued or guaranteed by the EIB provided in the framework of the European Fund for Strategic Investments, European Long-term Investment Funds, European Social Entrepreneurship Funds and European Venture Capital Funds.; |
Or. en
Justification
Investment allocations should follow the prudent person principle and the circumstances of each pension scheme. Statutory quotas and privileged treatment for particular Union investment vehicles risk distorting portfolios and lowering returns.
Amendment 344
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In accordance with the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, provided they are prudentially justified. | Subject to the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, provided they are prudentially justified. |
Or. en
Amendment 345
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In accordance with the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, provided they are prudentially justified. | In accordance with the provisions of paragraphs 1 to 5, Member States may, for IORPs authorised in their territories, lay down more detailed rules, provided they are prudentially justified. |
Or. en
Justification
The rule-making power should with Member States directly, not with NCAs.
Amendment 346
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In accordance with the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, provided they are prudentially justified. | In accordance with the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, only where they can demonstrate that such measures are strictly necessary, proportionate and prudentially justified and that do not contradict the rules set in this article |
Or. en
Amendment 347
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In accordance with the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, provided they are prudentially justified. | In accordance with the provisions of paragraphs 1 to 5, Member States may empower the competent authority, for IORPs authorised in their territories, to lay down more detailed rules, including, where appropriate, quantitative requirements provided they are prudentially justified. |
Or. es
Amendment 348
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Any such rules shall be applied only where the investment risk is borne by the members and beneficiaries. However, in such cases, IORPs shall not be prevented from: | Where Member States maintain or introduce certain rules, those rules shall not unduly restrict duly justified long-term investments, including investments in alternative or less liquid asset classes, provided that those investments are consistent with the principle of prudence, with appropriate risk management and with the nature and duration of the IORP’s pension commitments. However, IORPs shall not be prevented from: |
Or. es
Amendment 349
Sirpa Pietikäinen
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 2 – point ca
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) investing in European Long-term Investment Funds, European Social Entrepreneurship Funds and European Venture Capital Funds as well as in any other long-term equity funds that share similar characteristics; |
Or. en
Amendment 350
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) investing in instruments that are issued or guaranteed by the EIB provided in the framework of the European Fund for Strategic Investments, European Long-term Investment Funds, European Social Entrepreneurship Funds and European Venture Capital Funds.; | (d) investing in instruments that are issued or guaranteed by the EIB or national promotional banks |
Or. en
Amendment 351
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directives (EU) 2016/2341
Article 19 – paragraph 6 – subparagraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) investing in instruments that are issued or guaranteed by the EIB provided in the framework of the European Fund for Strategic Investments, European Long-term Investment Funds, European Social Entrepreneurship Funds and European Venture Capital Funds.; | (d) investing in instruments that are issued or guaranteed by the EIB provided in the framework of the European Fund for Strategic Investments. |
Or. en
Amendment 352
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive 2016/2341
Article 19 – paragraph 6 – suparagraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) (d) investing in European Venture Capital Funds, European Long-term Investment Funds and European Social Entrepreneurship Funds as well as in any other long-term equity funds with similar characteristics |
Or. en
Amendment 353
Sirpa Pietikäinen
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Directive (EU) 2016/2341
Art 19 – paragraph 6a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| When possible, IORPS shall consider investing in European Long-term Investment Funds, European Social Entrepreneurship Funds and European Venture Capital Funds as well as in any other long-term equity funds that share similar characteristics. | |
| In order to encourage IORPs to invest in productive assets and to achieve appropriate diversification across markets, Member States shall ensure that IORPs provide, where relevant, a high-level explanation of their investment approach with regard to long-term equity investments and diversification strategies based on their nature, scale and complexity . | |
| Where IORPs have limited or no exposure to productive assets, they should outline whether they intend to further develop their governance and risk-management frameworks to support a more diversified portfolio and sound asset-liability management. Where appropriate, this could include consideration of efficiency-enhancing arrangements, such as pooled investment structures, outsourcing, or transfer mechanisms aimed at improving scale and diversification. | |
| Explanatory statements prepared in the context of this paragraph should not require the disclosure of commercially sensitive information. |
Or. en
Amendment 354
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d – introductory part
Directive (EU) 2016/2341
Art 19 – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| (d) paragraphs 7 and 8 are deleted; | (d) paragraph 7 is deleted; |
Or. en
Amendment 355
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d b (new)
Directive (EU) 2016/2341
Art 19 – paragraph 8
| Present text | Amendment |
|---|---|
| (d b) Paragraph 8 is replaced by the following: | |
| 8. The competent authority of the host Member State of an IORP carrying out cross-border activity as referred to in Article 11 shall not lay down investment rules in addition to those set out in paragraphs 1 to 6 for the part of the assets which cover technical provisions for cross-border activity. | "8. The competent authority of the host Member State of an IORP carrying out cross-border activity as referred to in Article 11 shall not lay down any investment rules, or other requirements having equivalent effect on the composition of assets, in addition to those set out in paragraphs 1 to 6, in respect of that cross-border activity." |
Or. en
(32016L2341)
Amendment 356
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Directive (EU) 2016/2341
Art 19 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (22a) the following article 19a is inserted: | |
| Article 19a | |
| Primacy of the financial interests of members and beneficiaries | |
| 1. Member States shall ensure that the investment policy of an IORP has as its primary and overriding objective solely in the best long-term interests of members and beneficiaries, having regard to security, quality, liquidity, profitability, diversification and the nature and duration of liabilities. | |
| 2. Member States, competent authorities and Union bodies shall not require, direct or otherwise induce an IORP to invest in, or give preferential treatment to, a particular sector, undertaking, technology, project, geographical area, asset class or financial instrument. | |
| 3. Paragraph 2 shall not prevent an IORP from making such an investment where the IORP independently determines, on the basis of financial considerations, that the investment: a) complies with the prudent person principle; b) is compatible with the nature and duration of its liabilities; and c) is in the best financial interests of its members and beneficiaries. | |
| 4. No public policy objective shall override the duties laid down in paragraphs 1 and 3. |
Or. en
Justification
The amendment establishes a clear hierarchy of duties. Pension returns and the interests of savers must prevail over political objectives.
Amendment 357
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point a
Directive (EU) 2016/2341
Article 21 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| That system of governance shall ensure that environmental, social and governance factors related to investment assets are considered in investment decisions and shall be subject to regular internal reviews. | deleted |
Or. en
Justification
Governance requirements should focus on sound management, internal controls, conflicts of interest and financial risk. Mandatory ESG consideration introduces political criteria into a prudential governance framework.
Amendment 358
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b
Directive (EU) 2016/2341
Article 21 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that IORPs establish and apply written policies in relation to risk management, internal control, internal audit, remuneration and, where relevant, actuarial and outsourced activities, and that those policies are implemented. Those written policies shall be subject to prior approval by the management or supervisory body of the IORP and shall be reviewed at least every three years and adapted in view of any significant change in the system or area concerned. | 3. Member States shall ensure that IORPs establish and apply written policies in relation to risk management, internal control, internal audit and, where relevant, actuarial and outsourced activities, and that those policies are implemented. Those written policies shall be subject to prior approval by the management or supervisory body of the IORP and shall be reviewed at least every three years and adapted in view of any significant change in the system or area concerned. |
Or. en
Amendment 359
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b
Directive (EU) 2016/2341
Article 21 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that IORPs have in place an effective internal control system. That system shall have administrative and accounting procedures, an internal control framework, and appropriate reporting arrangements at all levels of the IORP and a compliance function.; | 4. Member States shall ensure that IORPs have in place an effective internal control system. |
Or. en
Justification
The requirement for an effective internal control system is appropriately set as a principles-based outcome standard. Prescribing its specific components at Union level overrides the proportionality regime, under which governance architecture should reflect the size, nature, scale and complexity of each IORP.
Amendment 360
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point c
Directive (EU) 2016/2341
Article 21 – paragraph 4a
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. The compliance function shall include advising the administrative, management or supervisory body on compliance with the laws, regulations and administrative provisions adopted pursuant to this Directive. It shall also assess the possible impact of any changes in the legal environment on the operations of the IORP concerned and shall identify and assess compliance risk. | deleted |
Or. en
Amendment 361
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point e
Directive (EU) 2016/2341
Article 21 – paragraph 7a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. Member States shall require IORPs to avoid any conflicts of interest between the management, supervisory, administrative or accountability bodies of an IORP. In this context, Member States shall ensure that one person can at the same time only be a member of one of these bodies, and not of multiple bodies related to one IORP at the same time. |
Or. en
Justification
To strengthen trust of members and beneficiaries in IORPs, it is important that (the appearance of) conflicts of interest are avoided. One of the reasons that Member States find it difficult to develop funded pension systems and IORPs is because citizens often do not trust private entities with their money and pensions. Having a clear separation between the interests and persons that manage and supervise an IORP is therefore important, to safeguard that the interest of members and beneficiaries is indeed central in an IORP's governance.
Amendment 362
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point e
Directive (EU) 2016/2341
Article 21 – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| 8. Member States shall require IORPs and, where applicable, their respective nomination committees to engage a broad set of qualities and competencies when selecting members to the management or supervisory body, ensuring a balanced representation of women and men. | deleted |
| Member States shall require that IORPs and, where applicable, their respective nomination committees, put in place a policy that promotes diversity and inclusion in the management or supervisory body. That policy shall, where relevant, take into account that the administrative, management or supervisory body includes representatives of social partners, and be applied in a manner that is proportionate to the nature, scale and complexity of the activities of IORPs. | |
| Member States shall also require that the policy sets individual quantitative objectives related to gender-balance in a manner that is proportionate to the nature, scale and complexity of the activities of the IORPs. The target shall consider the members of the management or supervisory body that are selected by the sponsor of the IORP and shall not apply to IORPs where the number of members of the management or supervisory body that are selected by the sponsor of the IORPs is three or fewer. |
Or. en
Justification
The composition of an IORP’s management or supervisory body should be based on competence, experience, integrity and the arrangements agreed between social partners and sponsors. Mandatory gender objectives and public gender reporting create obligations unrelated to prudential soundness or pension outcomes.
Amendment 363
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point e
Directive (EU) 2016/2341
Article 21 – paragraph 8 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall require that IORPs and, where applicable, their respective nomination committees, put in place a policy that promotes diversity and inclusion in the management or supervisory body. That policy shall, where relevant, take into account that the administrative, management or supervisory body includes representatives of social partners, and be applied in a manner that is proportionate to the nature, scale and complexity of the activities of IORPs. | deleted |
Or. en
Amendment 364
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point e
Directive (EU) 2016/2341
Article 21 – paragraph 8 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall require that IORPs and, where applicable, their respective nomination committees, put in place a policy that promotes diversity and inclusion in the management or supervisory body. That policy shall, where relevant, take into account that the administrative, management or supervisory body includes representatives of social partners, and be applied in a manner that is proportionate to the nature, scale and complexity of the activities of IORPs. | Member States shall require that IORPs and, where applicable, their respective nomination committees, put in place a policy that promotes diversity and inclusion in the management or supervisory body. That policy shall, where relevant, take into account that the administrative, management or supervisory body includes representatives of social partners and representatives of members and beneficiaries that are not otherwise represented, and be applied in a manner that is proportionate to the nature, risk, scale and complexity of the activities of IORPs. |
Or. en
Justification
Membership of unions is decreasing among employees, especially among younger people. It is thus important to safeguard that members and beneficiaries of an IORP keep being sufficiently represented in management and supervisory bodies.
Amendment 365
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point e
Directive (EU) 2016/2341
Article 21 – paragraph 9
| Text proposed by the Commission | Amendment |
|---|---|
| 9. Member States shall require IORPs to publicly disclose the target for the gender-balanced representation of the underrepresented gender in the management or supervisory body, the policy on how to increase the number of the underrepresented gender in the management or supervisory body and its implementation in the annual reports. | deleted |
Or. en
Justification
The composition of an IORP’s management or supervisory body should be based on competence, experience, integrity and the arrangements agreed between social partners and sponsors. Mandatory gender objectives and public gender reporting create obligations unrelated to prudential soundness or pension outcomes.
Amendment 366
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point e
Directive (EU) 2016/2341
Article 21 – paragraph 9
| Text proposed by the Commission | Amendment |
|---|---|
| 9. Member States shall require IORPs to publicly disclose the target for the gender-balanced representation of the underrepresented gender in the management or supervisory body, the policy on how to increase the number of the underrepresented gender in the management or supervisory body and its implementation in the annual reports. | deleted |
Or. en
Amendment 367
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Directive (EU) 2016/2341
Article 22 – paragraph 1 – point a – point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) for persons who effectively run the IORP, this means their qualifications, knowledge and experience are adequate to enable them to ensure a sound and prudent management of the IORP, which shall include the knowledge and competencies enabling them to address the different levels of risk that members and beneficiaries are exposed to, depending on the nature of the schemes they are part of; | (i) for persons who effectively run the IORP, this means their qualifications, knowledge and experience are collectively adequate to enable them to ensure a sound and prudent management of the IORP, which shall include the knowledge and competencies enabling them to address the different levels of risk that members and beneficiaries are exposed to, depending on the nature of the schemes they are part of; where relevant, the assessment shall take due account of the role of the social partners in the governance of the IORP and of the size, nature, scale and complexity of its activities; |
Or. en
Justification
Individual fitness requirements for all persons who effectively run an IORP would exclude social partner representatives and disrupt established governance. Collective adequacy requirements should govern collegiate bodies.
Amendment 368
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point c
Directive (EU) 2016/2341
Article 22 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the competent authorities are able to assess whether the persons referred to in paragraph 1 the requirements laid down in paragraph 1 on an ongoing basis, and whether there are any actual or potential conflicts of interest and how these are prevented or managed.; | 2. Member States shall ensure that the competent authorities are able to assess whether the persons referred to in paragraph 1 fulfil the requirements laid down in paragraph 1 at the time of their appointment and periodically thereafter at intervals to be determined by Member States in accordance with the principle of proportionality, and whether there are any actual or potential conflicts of interest and how these are prevented or managed. |
Or. en
Justification
A requirement for "ongoing" assessment goes beyond supervisory oversight into operational management, creating legal uncertainty and disproportionate administrative burden for both NCAs and IORPs. Periodic reassessment at nationally determined intervals, calibrated to the size, nature and governance structure of the IORP, is sufficient and consistent with the principle of proportionality.
Amendment 369
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive (EU) 2016/2341
Article 23 – paragraph 3 – point h
| Text proposed by the Commission | Amendment |
|---|---|
| (h) the remuneration policy shall specify how the IORP takes into account the integration of sustainability risks, as defined in Article 2, point (22), of Regulation (EU) 2019/2088 of the European Parliament and of the Council, in the risk management system; | deleted |
Or. en
Justification
Remuneration policies should not be required to integrate sustainability risks or generate gender-related reporting and compliance requirements. A general prohibition of discrimination and a requirement for prudent remuneration are sufficient.
Amendment 370
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive (EU) 2016/2341
Article 23 – paragraph 3 – point h
| Text proposed by the Commission | Amendment |
|---|---|
| (h) the remuneration policy shall specify how the IORP takes into account the integration of sustainability risks, as defined in Article 2, point (22), of Regulation (EU) 2019/2088 of the European Parliament and of the Council, in the risk management system; | deleted |
Or. en
Amendment 371
Sirpa Pietikäinen
Proposal for a directive
Article 1 – paragraph 1 – point 25
(EU) 2016/2341
Art 23 – paragraph 3 – point h
| Text proposed by the Commission | Amendment |
|---|---|
| (h) the remuneration policy shall specify how the IORP takes into account the integration of sustainability risks, as defined in Article 2, point (22), of Regulation (EU) 2019/2088 of the European Parliament and of the Council, in the risk management system; | (h) the remuneration policy shall integrate the sustainability risks and specify how these are taken into account; |
Or. en
Amendment 372
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive (EU) 2016/2341
Article 23 – paragraph 3 – point h
| Text proposed by the Commission | Amendment |
|---|---|
| (h) the remuneration policy shall specify how the IORP takes into account the integration of sustainability risks, as defined in Article 2, point (22), of Regulation (EU) 2019/2088 of the European Parliament and of the Council, in the risk management system; | (h) the remuneration policy shall specify how the IORP takes into account the integration of sustainability impact; |
Or. en
Amendment 373
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive (EU) 2016/2341
Article 23 – paragraph 3 – point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) remuneration policies and practices shall be objective and non-discriminatory, and shall be based on the principle of equal pay for male and female employees for equal work or work of equal value for women and men.; | (i) remuneration policies and practices shall be objective and non-discriminatory |
Or. en
Amendment 374
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive (EU) 2016/2341
Article 23 – paragraph 3 – point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) remuneration policies and practices shall be objective and non-discriminatory, and shall be based on the principle of equal pay for male and female employees for equal work or work of equal value for women and men.; | (i) remuneration policies and practices shall be objective and non-discriminatory; |
Or. en
Justification
The principle of equal pay for equal work is enshrined in Article 157 TFEU and is directly applicable in all Member States without transposition through sectoral supervisory legislation.
Amendment 375
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive (EU) 2016/2341
Article 23 – paragraph 3 – point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) remuneration policies and practices shall be objective and non-discriminatory, and shall be based on the principle of equal pay for male and female employees for equal work or work of equal value for women and men.; | (i) remuneration policies and practices shall be objective, non-discriminatory and consistent with sound and prudent risk management and with the long-term financial interests of members and beneficiaries. |
Or. en
Justification
Remuneration policies should not be required to integrate sustainability risks or generate gender-related reporting and compliance requirements. A general prohibition of discrimination and a requirement for prudent remuneration are sufficient.
Amendment 376
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 28 – point b – point ii
Directive (EU) 2016/2341
Article 28 – paragraph 2 – subparagraph 1 – point k
| Text proposed by the Commission | Amendment |
|---|---|
| (k) an assessment of the economies of scale and efficiency options, including the participation in pooled investment structures, shared services or transfers, and of their impact on members and beneficiaries.; | deleted |
Or. en
Justification
Consolidation of IOPRs should not be the aim of a risk-assessment.
Amendment 377
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 28 b (new)
Directive (EU) 2016/2341
Article 30 – paragraph 1
| Present text | Amendment |
|---|---|
| (28 b) Article 30 is amended as follows: | |
| 30. Member States shall ensure that every IORP registered or authorised in their territories prepares and, at least every three years, reviews a written statement of investment-policy principles. That statement is to be revised without delay after any significant change in the investment policy. Member States shall provide for this statement to contain, at least, such matters as the investment risk measurement methods, the risk-management processes implemented and the strategic asset allocation with respect to the nature and duration of pension liabilities and how the investment policy takes environmental, social and governance factors into account. The statement shall be made publicly available. | "30. Member States shall ensure that every IORP registered or authorised in their territories prepares and, at least every three years, reviews a written statement of investment-policy principles. That statement is to be revised without delay after any significant change in the investment policy. Member States shall provide for this statement to contain, at least, such matters as the investment risk measurement methods, the risk-management processes implemented and the strategic asset allocation with respect to the nature and duration of pension liabilities and how the investment policy takes environmental, social and governance factors into account. The statement shall be made publicly available and provided directly to membes and beneficiaries." |
Or. en
(32016L2341)
Amendment 378
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 29
Directive (EU) 2016/2341
Article 30 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| The statement shall be adopted by the administrative, management or supervisory body of the IORP. Where an IORP manages different pension schemes, separate statements of investment policy shall be prepared for each. | The statement shall be adopted by the administrative, management or supervisory body of the IORP. Separate statements of investment policy shall be prepared for each pension scheme that operates under a different investment policy. |
Or. en
Justification
The Commission text would require a separate Statement of Investment Policy Principles for every pension scheme operated by a multi-scheme IORP, regardless of whether the underlying investment strategies differ. For small sponsor-linked institutions administering multiple tariff generations under a single investment policy this creates disproportionate administrative duplication with no discernible benefit for members. The amendment corrects a drafting imprecision without altering any substantive obligation.
Amendment 379
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point b
Directive (EU) 2016/2341
Article 31 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that IORPs outsourcing key functions, the management of those IORPs, or other activities covered by this Directive enter into a legally enforceable written agreement with the service provider. Such agreement shall include a breakdown of direct and indirect costs and shall clearly define the rights and obligations of the IORP and the service provider. In case of a potential conflict of interest with the service provider, IORPs shall document and implement procedures to prevent or manage conflicts of interest.; | 5. Member States shall ensure that IORPs outsourcing key functions, the management of those IORPs, or other activities covered by this Directive enter into a legally enforceable written agreement with the service provider. In case of a potential conflict of interest with the service provider, IORPs shall document and implement procedures to prevent or manage conflicts of interest.; |
Or. en
Amendment 380
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point c
Directive (EU) 2016/2341
Article 31 – paragraph 7
| Text proposed by the Commission | Amendment |
|---|---|
| (c) paragraph 7 is deleted; | (c) 7. The outsourcing of functions or activities shall not affect the IORP’s ultimate responsibility or the autonomy of its administrative, management or supervisory body in taking strategic decisions in the best interests of the participants and beneficiaries. |
| Outsourcing shall not be interpreted as a requirement to achieve economies of scale, nor as a basis for requiring, directly or indirectly, the consolidation, merger, transfer or modification of an IORP’s governance model. | |
| Member States shall ensure that the requirements applicable to outsourcing are applied in a proportionate manner, taking into account the nature, size, internal organisation, scale and complexity of the IORP’s activities. |
Or. es
Amendment 381
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State shall require the IORP to appoint one depositary per pension scheme for the safe-keeping of assets and oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. | deleted |
| For the purposes of the first subparagraph, the IORP or, where applicable, the authorised entity referred to in Article 2(1), shall not act as depositary for that scheme. |
Or. en
Justification
The mandatory appointment of a single custodian is superfluous for IORPs. Custody is already handled by custodians, and internal audit and external supervision cover the control functions. Moreover, large funds deliberately work with multiple specialized custodians; the requirement for a single custodian forces costly restructuring. This leads to ongoing, avoidable costs that increase wage costs via premiums.
Amendment 382
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State shall require the IORP to appoint one depositary per pension scheme for the safe-keeping of assets and oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. | deleted |
Or. en
Justification
The mandatory appointment of a single custodian is superfluous for IORPs. Custody is already handled by custodians, and internal audit and external supervision cover the control functions. Moreover, large funds deliberately work with multiple specialized custodians; the requirement for a single custodian forces costly restructuring. This leads to ongoing, avoidable costs that increase wage costs via premiums.
Amendment 383
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 1– subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State shall require the IORP to appoint one depositary per pension scheme for the safe-keeping of assets and oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. | In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State may require the IORP to appoint one or multiple depositaries per pension scheme for the safe-keeping of assets and oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. |
Or. en
Justification
Some IORPs have arrangements with custodian banks, which already provide safekeeping of assets. Making a depository mandatory would create extra unnecessary burden.
Amendment 384
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State shall require the IORP to appoint one depositary per pension scheme for the safe-keeping of assets and oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. | In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State may require the IORP to appoint one or more depositaries per pension scheme for the safe-keeping of assets and oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. |
Or. en
Justification
The mandatory appointment of a depositary is unnecessary for IORPs. Pension funds differ fundamentally from retail investment products such as UCITS. UCITSs have daily inflows and redemptions, which require daily Net Asset Value calculations. Safekeeping of assets is already ensured through arrangements with custodian banks.
Amendment 385
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State shall require the IORP to appoint one depositary per pension scheme for the safe-keeping of assets and oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. | In the case of a pension scheme where members and beneficiaries fully bear the investment risk, the competent authority of the home Member State shall require the IORP to appoint at least one depositary for the safe-keeping of assets and, where relevant, oversight duties in accordance with Articles 34 and 35 or, if the IORP itself keeps the assets in accordance with Article 34(2), require the IORP to have a trustee who performs the oversight duties in accordance with Article 35 and is notified to the competent authority. |
Or. en
Justification
IORPs should retain the flexibility to appoint more than one depositary, for example where different depositaries are used for different asset classes. This reflects existing practice in many Member States. In addition, where an IORP manages several pension schemes, it should be possible to use the same depositary arrangements across those schemes, particularly where assets are pooled or managed collectively.
Amendment 386
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| For the purposes of the first subparagraph, the IORP or, where applicable, the authorised entity referred to in Article 2(1), shall not act as depositary for that scheme. | deleted |
Or. en
Justification
The mandatory appointment of a single custodian is superfluous for IORPs. Custody is already handled by custodians, and internal audit and external supervision cover the control functions. Moreover, large funds deliberately work with multiple specialized custodians; the requirement for a single custodian forces costly restructuring. This leads to ongoing, avoidable costs that increase wage costs via premiums.
Amendment 387
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For pension schemes in which the members and beneficiaries do not fully bear the investment risk, the home Member State may require the IORP to appoint one depositary per pension scheme for safe-keeping of assets or for safe-keeping of assets and oversight duties in accordance with Articles 34 and 35. | 2. For pension schemes in which the members and beneficiaries do not fully bear the investment risk, the home Member State may require the IORP to appoint at least one depositary per pension scheme for safe-keeping of assets or for safe-keeping of assets and oversight duties in accordance with Articles 34 and 35. |
Or. en
Amendment 388
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Unless otherwise provided for in this Chapter, for the appointment of the depositary, Chapter IV of Directive 2009/65/EC shall apply accordingly. | Unless otherwise provided for in this Chapter, for the appointment of a depositary, Chapter IV of Directive 2009/65/EC shall apply accordingly. |
Or. en
Amendment 389
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 3a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Member States may decide not to apply this paragraph for IORPs that are subject to requirements that provide a level of protection for members and beneficiaries comparable to that laid down in the first subparagraph. |
Or. en
Justification
Recital 31 of the Commission proposal states that Member States should be able to maintain existing measures that provide a level of protection comparable to depositaries. However, this possibility is not reflected in the amended Article 33, which contains no exemption corresponding to the recital. A national waiver should therefore be included.
Amendment 390
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point a
Directive (EU) 2016/2341
Article 33 – paragraph 3a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Member States may continue using alternative arrangements rather than requiring an IORP to designate a depositary, provided those arrangements were already in place before this Directive entered into force and offer an equivalent level of protection. |
Or. en
Amendment 391
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 33
Directive (EU) 2016/2341
Article 35 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unless otherwise provided for in this Chapter, for the oversight duties of the depositary, Chapter IV of Directive 2009/65/EC shall apply accordingly.; | 1. Unless otherwise provided for in this Chapter, for the oversight duties of a depositary, Chapter IV of Directive 2009/65/EC shall apply accordingly.; |
Or. en
Amendment 392
Sirpa Pietikäinen
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point a
Directive (EU) 2016/2341
Art 36 – paragraph 1 – subparagraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Taking into account the nature of the pension scheme established, Member States shall ensure that every IORP authorised in their territory operating occupational pension schemes provides to: | Taking into account the nature of the pension scheme established, and the specificities of occupational pension provision and of relevant national social, labour and tax law, Member States shall ensure that every IORP authorised in their territory operating occupational pension schemes provides to: |
Or. en
Amendment 393
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point a
Directive (EU) 2016/2341
Article 36 – paragraph 1 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) members: at least the information set out in Article 37 to 40, 41a, 42 and 44; and | (b) members: at least the information set out in Article 37 to 40, 42 and 44; and |
Or. en
Amendment 394
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point a
Directive (EU) 2016/2341
Article 36 – paragraph 1 – subparagraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) beneficiaries: at least the information set out in Article 37, 41a, 43 and 44. | (c) beneficiaries: at least the information set out in Article 37, 43 and 44. |
Or. en
Amendment 395
Marlena Maląg
on behalf of the ECR Group
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point a
Directive (EU) 2016/2341
Article 36 – paragraph 1 – subparagraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Where, pursuant to national law, IORPs are authorised to provide personal pension products, Member States shall ensure that every IORP authorised in their territory, which provides those products other than the pan-European Personal Pension Product as defined in Article 2, point (1), of Regulation (EU) 2019/1238, provides to prospective savers and personal pension savers and beneficiaries information that is clear, fair, not misleading, and appropriate to the nature of the product, the distribution channel and the characteristics of the saver or beneficiary. That information shall ensure a level of transparency and protection equivalent to that required under national law for the distribution of personal pension products by other entities or institutions, at least in respect of the following elements: | Where, pursuant to national law, IORPs are authorised to provide personal pension products, Member States shall ensure that every IORP authorised in their territory, which provides those products other than the pan-European Personal Pension Product as defined in Article 2, point (1), of Regulation (EU) 2019/1238, provides to prospective savers and personal pension savers and beneficiaries information that is equivalent, with regard to content, to that required by national law for the distribution of personal pension products by other entities or institutions. |
Or. en
Justification
This wording of the text ensures equal requirements for different types of entities.
Amendment 396
Martin Schirdewan
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point b
Directive (EU) 2016/2341
Article 36 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the following paragraph 4 is added: | deleted |
| ‘4. EIOPA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on the information that is to be provided in accordance with Articles 41, 42 and 43.;’ |
Or. en
Amendment 397
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, René Repasi
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point b
Directive (EU) 2016/2341
Article 36 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the following paragraph 4 is added: | deleted |
| ‘4. EIOPA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on the information that is to be provided in accordance with Articles 41, 42 and 43.;’ |
Or. en
Justification
Members and beneficiaries must receive clear, accurate and transparent information that is adapted to the specific pension scheme. However, the Commission’s proposal moves towards a more detailed and centralised framework for information requirements at Union level, which is not in line with the flexible minimum harmonisation approach of the IORP II Directive. Information rules should remain principle-based and respect national pension systems, including schemes rooted in collective agreements and governed or negotiated by social partners.
Amendment 398
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point b
Directive (EU) 2016/2341
Article 36 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the following paragraph 4 is added: | deleted |
| ‘4. EIOPA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on the information that is to be provided in accordance with Articles 41, 42 and 43.;’ |
Or. en
Amendment 399
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point b
Directive (EU) 2016/2341
Article 36 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the following paragraph 4 is added: | deleted |
| ‘4. EIOPA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on the information that is to be provided in accordance with Articles 41, 42 and 43.;’ |
Or. en
Justification
Occupational pension information requirements are inseparable from national labour, social and tax law, which determine what information is meaningful to members in a given scheme context. EIOPA guidelines on Articles 41, 42 and 43 would progressively assimilate information standards across schemes, overriding distinctions that Member States are best placed to draw. Primary responsibility for pension information policy lies with Member States. This empowerment has no place in a minimum harmonisation directive and should therefore be deleted.
Amendment 400
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point b
Directive (EU) 2016/2341
Article 36 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. EIOPA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on the information that is to be provided in accordance with Articles 41, 42 and 43.; | deleted |
Or. en
Justification
Several provisions introduce new tasks for EIOPA, such as the development of guidelines and/or technical standards. We do not support these proposals, as they are not consistent with the nature of a minimum harmonisation directive. Moreover, EIOPA is not always the most appropriate body to carry out these tasks.
Amendment 401
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point b
Directive (EU) 2016/2341
Article 36 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. EIOPA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on the information that is to be provided in accordance with Articles 41, 42 and 43.; | deleted |
Or. en
Justification
Deleted in relation to the minimum-harmonisation nature of the IORP-directive.
Amendment 402
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 35 – point b
Directive (EU) 2016/2341
Article 36 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. EIOPA shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on the information that is to be provided in accordance with Articles 41, 42 and 43.; | deleted |
Or. en
Amendment 403
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 36
Directive (EU) 2016/2341
Article 37 – paragraph 1 – point g
| Text proposed by the Commission | Amendment |
|---|---|
| (g) where members bear investment risk or can take investment decisions, information on the past performance of investments related to the pension scheme for a minimum of ten years, or for all the years that the scheme has been operating where this is less than ten years;; | (g) where there is no collective risk sharing and members bear investment risk or can take investment decisions, information on the past performance of investments related to the pension scheme for a minimum of ten years, or for all the years that the scheme has been operating where this is less than ten years;; |
Or. en
Amendment 404
Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 36 a (new)
Directive (EU) 2016/2341
Article 37 – paragraph 4a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (36a) In Article 37 the following paragraph is added: | |
| 4a. The Member States shall ensure that IORP customers are provided with a minimum standardised guidance module, accessible digitally or on paper, that should contain didactical information, at least explanation of key concepts related to finance (i.e. capital, fixed returns, variable returns, fund and the types of fund relevant for the specific PEPP, risk, relation between return and risk, guarantees, and others that may be considered necessary for the customer to have a minimum of understanding of the product and the functioning of financial markets) using, where appropriate, specific case studies. This standardised guidance module should be created jointly by EIOPA and national competent authorities, and should be the same for all the EU. |
Or. en
Amendment 405
Marlena Maląg
on behalf of the ECR Group
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a
| Text proposed by the Commission | Amendment |
|---|---|
| (37) the following Article 37a is inserted: | deleted |
| ‘Article 37a | |
| Pension tracking systems | |
| 1. Member States shall ensure that, where pension tracking systems are in place, they cover the pension entitlements administered by IORPs. | |
| 2. For the purposes of paragraph 1, Member States shall ensure that IORPs transmit to pension tracking systems, where such systems have been established, all information necessary to provide members and beneficiaries with a comprehensive, reliable and up-to-date overview of their occupational and personal pension entitlements, insofar as those entitlements are administered by the IORP. | |
| 3. Member States shall ensure that the information referred to in paragraph 2 is transmitted in a standardised, machine-readable and interoperable format enabling pension tracking systems to aggregate data on accrued rights, accumulated capital and projected benefits in a coherent and comparable manner. | |
| 4. Member States shall ensure that IORPs remain fully responsible for the completeness and accuracy of the data transmitted and for the fulfilment of all communication obligations provided for in this Article. | |
| 5. Member States shall ensure that competent authorities monitor and enforce compliance with this Article and take corrective measures where IORPs fail to provide complete, accurate or timely information. | |
| 6. The format and structure of the information to be transmitted to pension tracking systems shall be consistent with the format and structure laid down in the Delegated Regulation adopted pursuant to Article 38.;’ |
Or. en
Justification
The requirement for Member States to ensure that competent authorities monitor and enforce compliance with this Article and take remedial action where IORPs do not provide complete, accurate or timely information is an excessive administrative burden for Member States.
Amendment 406
Adnan Dibrani, Niels Fuglsang, Lara Wolters, Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that, where pension tracking systems are in place, they cover the pension entitlements administered by IORPs. | 1. Member States shall ensure that a national pension tracking system is established or designated, including, where applicable, systems established or operated on the basis of collective agreements or agreements between social partners. Member states shall determine, in accordance with national law and the organisation of their pension system, including the role of collective agreements and social partner arrangements, the IORPs, categories of IORPs, pension schemes and pension entitlements to be covered by that system. When determining that scope, Member States shall aim to ensure the broadest possible coverage of IORPs, and to progressively extend the scope with a view to covering all IORPs over time. |
Or. en
Justification
Ensuring that all Member States establish pension tracking systems would give people easier access to clear and comprehensive information about their expected retirement income at the end of their working lives. This amendment supports broad coverage of IORPs over time, while preserving flexibility for Member States to adapt such systems to national pension structures, collective agreements and the role of social partners.
Amendment 407
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that, where pension tracking systems are in place, they cover the pension entitlements administered by IORPs. | 1. Member States shall shall establish or designate a pension tracking system that covers all pension entitlements administered by IORPs authorised in their territory. Member States shall ensure that such national tracking systems are technically interoperable for future connection with a pan-European pension tracking service. Member States may include, within the tracking system, entitlements that cover public statutory pensions and voluntary supplementary personal pensions, in accordance with the national and Union legislation applicable to each specific product. |
Or. en
Amendment 408
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For the purposes of paragraph 1, Member States shall ensure that IORPs transmit to pension tracking systems, where such systems have been established, all information necessary to provide members and beneficiaries with a comprehensive, reliable and up-to-date overview of their occupational and personal pension entitlements, insofar as those entitlements are administered by the IORP. | 2. For the purposes of paragraph 1, Member States shall ensure that IORPs transmit to pension tracking systems, all information necessary to provide members and beneficiaries with a comprehensive, reliable and up-to-date overview of their occupational and personal pension entitlements, insofar as those entitlements are administered by the IORP. |
Or. en
Amendment 409
Adnan Dibrani, Niels Fuglsang, Thomas Bajada
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For the purposes of paragraph 1, Member States shall ensure that IORPs transmit to pension tracking systems, where such systems have been established, all information necessary to provide members and beneficiaries with a comprehensive, reliable and up-to-date overview of their occupational and personal pension entitlements, insofar as those entitlements are administered by the IORP. | 2. For the purposes of paragraph 1, Member States shall ensure that IORPs, falling within the scope determined by the Member State pursuant to paragraph 1, transmit to pension tracking systems, where such systems have been established, all information necessary to provide members and beneficiaries with a comprehensive, reliable and up-to-date overview of their occupational and personal pension entitlements, insofar as those entitlements are covered by that scope and are administered by the IORP, including information on the annual costs and charges borne directly or indirectly by members and beneficiaries over the previous 12 months. |
Or. en
Justification
Annual costs and charges can have a significant impact on the final value of pension savings over time. Including this information in pension tracking systems would improve transparency, comparability and members’ ability to understand the net value of their occupational pension entitlements.
Amendment 410
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37 a – point 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For the purposes of paragraph 1, Member States shall ensure that IORPs transmit to pension tracking systems, where such systems have been established, all information necessary to provide members and beneficiaries with a comprehensive, reliable and up-to-date overview of their occupational and personal pension entitlements, insofar as those entitlements are administered by the IORP. | 2. For the purposes of paragraph 1, Member States shall ensure that IORPs transmit to pension tracking systems, where such systems have been established, all information necessary under national law to provide members and beneficiaries with a comprehensive, reliable and up-to-date overview of their occupational and personal pension entitlements, insofar as those entitlements are administered by the IORP. |
Or. es
Amendment 411
Adnan Dibrani
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 2a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Competent authorities may determine which components are to be included in the total annual costs and charges referred to in paragraph 2, taking into account the specific characteristics of the Member State concerned and the need to ensure an adequate level of information and transparency for members and beneficiaries. |
Or. en
Amendment 412
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37 a – point 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that the information referred to in paragraph 2 is transmitted in a standardised, machine-readable and interoperable format enabling pension tracking systems to aggregate data on accrued rights, accumulated capital and projected benefits in a coherent and comparable manner. | 3. Member States shall ensure that the information referred to in paragraph 2 is transmitted in accordance with the formats and requirements established at national level, ensuring, where appropriate, that it is machine-readable and compatible with the functioning of the respective national pension tracking system. |
Or. es
Amendment 413
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that the information referred to in paragraph 2 is transmitted in a standardised, machine-readable and interoperable format enabling pension tracking systems to aggregate data on accrued rights, accumulated capital and projected benefits in a coherent and comparable manner. | 3. Member States shall ensure that the information referred to in paragraph 2 is transmitted in a standardised, machine-readable and interoperable format. Member States shall determine by national law the format, structure and technical modalities of such transmission to enable pension tracking systems to aggregate data on accrued rights, accumulated capital and projected benefits in a coherent and comparable manner. |
Or. en
Amendment 414
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that IORPs remain fully responsible for the completeness and accuracy of the data transmitted and for the fulfilment of all communication obligations provided for in this Article. | 4. Member States shall ensure that IORPs, falling within the scope determined by the Member State pursuant to paragraph 1, remain fully responsible for the completeness and accuracy of the data transmitted pursuant to paragraph 2 and for the fulfilment of all communication obligations provided for in this Article in relation to the pension entitlements covered by that scope. |
Or. en
Amendment 415
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directives (EU) 2016/2341
Article 37a – pragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that competent authorities monitor and enforce compliance with this Article and take corrective measures where IORPs fail to provide complete, accurate or timely information. | 5. Member States shall ensure that competent authorities have appropriate oversight of the application of this Article. Such oversight may include facilitating compliance and, where necessary, engaging with IORPs with a view to addressing situations where information is not provided in a complete, accurate or timely manner. |
Or. en
Amendment 416
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that competent authorities monitor and enforce compliance with this Article and take corrective measures where IORPs fail to provide complete, accurate or timely information. | 5. Member States shall ensure that competent authorities monitor and enforce compliance with this Article, within the scope determined by the Member State pursuant to paragraph 1, and take corrective measures where IORPs falling within that scope fail to provide complete, accurate or timely information. |
Or. en
Amendment 417
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 5a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Without prejudice to the objective in paragraph 1 of progressively extending coverage, where existing national pension tracking systems already provide members and beneficiaries with an adequate, reliable and sufficiently up-to-date overview of the pension entitlements administered by IORPs falling within the scope determined by the Member State pursuant to paragraph 1, Member States may fulfil the requirements of paragraphs 2 and 3 through existing national formats, structures and data transmission arrangements, provided that those arrangements ensure an appropriate level of transparency, accessibility and comparability under national law. |
Or. en
Justification
Pension tracking systems improve transparency and give members and beneficiaries a clearer overview of their pension entitlements. In line with the IORP II Directive’s flexible minimum harmonisation approach, Member States with well-functioning national systems, including those reflecting collective agreements or social partner arrangements, should not be required to redesign their formats, structures or data transmission arrangements.
Amendment 418
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 5 – subparagraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| By way of derogation, Member States may provide that the role of competent authorities under this Article does not apply, or applies in a modified manner, in respect of national pension tracking systems established prior to the entry into force of this Directive, provided that such systems ensure an equivalent level of information and transparency for members and beneficiaries. |
Or. en
Amendment 419
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37 a – point 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the information to be transmitted to pension tracking systems shall be consistent with the format and structure laid down in the Delegated Regulation adopted pursuant to Article 38.’; | deleted |
Or. es
Amendment 420
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the information to be transmitted to pension tracking systems shall be consistent with the format and structure laid down in the Delegated Regulation adopted pursuant to Article 38.; | deleted |
Or. en
Justification
Deleted in relation to the minimum-harmonisation nature of the IORP-directive.
Amendment 421
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, René Repasi
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the information to be transmitted to pension tracking systems shall be consistent with the format and structure laid down in the Delegated Regulation adopted pursuant to Article 38.; | deleted |
Or. en
Amendment 422
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 37
Directive (EU) 2016/2341
Article 37a – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the information to be transmitted to pension tracking systems shall be consistent with the format and structure laid down in the Delegated Regulation adopted pursuant to Article 38.; | deleted |
Or. en
Amendment 423
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point a
Directive (EU) 2016/2341
Article 38 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Members States shall require that the information contained in the Pension Benefit Statement is accurate, up to date, consistent with the choices made and complete. To facilitate understanding, the information presented shall be layered and follow principles of good design. The Pension Benefit Statement shall be made available to each member free of charge on paper or through electronic means, including on a durable medium or by means of a website, at least annually, in accordance with the member’s preference. Preference shall be obtained at least at the beginning of membership.; | 3. Members States shall require that the information contained in the Pension Benefit Statement is accurate, up to date, consistent with the choices made and complete. To facilitate understanding, the information presented shall be layered and follow principles of good design. The Pension Benefit Statement shall be made available to each member free of charge through the pension tracking system referred to in Article 37a or through other electronic means. A paper copy shall be provided free of charge upon the request of any member or beneficiary |
Or. en
Amendment 424
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point a
Directive (EU) 2016/2341
Article 38 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Members States shall require that the information contained in the Pension Benefit Statement is accurate, up to date, consistent with the choices made and complete. To facilitate understanding, the information presented shall be layered and follow principles of good design. The Pension Benefit Statement shall be made available to each member free of charge on paper or through electronic means, including on a durable medium or by means of a website, at least annually, in accordance with the member’s preference. Preference shall be obtained at least at the beginning of membership.; | 3. Members States shall require that the information contained in the Pension Benefit Statement is accurate, up to date, consistent with the choices made and complete. To facilitate understanding, the information presented shall be layered and follow principles of good design. The Pension Benefit Statement shall be made available to each member free of charge by means determined by national law, including, where appropriate, by electronic means. Member States may provide for the information to be provided on paper at the request of the member or where required by national law; |
Or. es
Amendment 425
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, René Repasi
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38b – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the following paragraph 6 is added: | deleted |
| ‘6. | |
| The format and structure of the Pension Benefit Statement shall be provided to members and beneficiaries using a Union standardised format, while also taking into account the characteristics of different types of pension schemes. | |
| EIOPA shall, after conducting consumer testing and industry testing, develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Articles 38 to 40. In relation to the presentation of the information on past performance as referred to in Article 39(1), point (i), EIOPA shall take into account the characteristics of different types of schemes when drafting those regulatory technical standards, in particular if members and beneficiaries bear investment risk or where the investment strategy is age-dependent or includes duration matching. | |
| In order to minimise duplication of reporting requirements, when developing the draft regulatory standards, EIOPA shall, to the maximum extent possible, ensure alignment with Commission Delegated Regulation (EU) 2021/473\*, and aim at facilitating the insert of the information of the Pension Benefit Statement into pension tracking systems and at ensuring usability for members and beneficiaries. | |
| EIOPA shall submit those draft regulatory technical standards to the Commission by [PO = please insert date 18 months after the date of entry into force]. | |
| Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the third subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010. | |
| \* Commission Delegated Regulation (EU) 2021/473 of 18 December 2020 supplementing Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements on information documents, on the costs and fees included in the cost cap and on risk-mitigation techniques for the pan-European Personal Pension Product (OJ L 99, 22.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_del/2021/473/oj).;’ |
Or. en
Justification
The proposal risks introducing overly detailed EU-level PBS requirements, undermining IORP II’s flexible minimum harmonisation and increasing costs without clear benefits. EIOPA similarly advised that PBS format and structure should remain for Member States, as an EU-standardised PBS would be difficult to reconcile with national models and most citizens receive a PBS from only one Member State (EIOPA-BoS-23/341, pp. 125-126).
Amendment 426
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the Pension Benefit Statement shall be provided to members and beneficiaries using a Union standardised format, while also taking into account the characteristics of different types of pension schemes. | deleted |
| EIOPA shall, after conducting consumer testing and industry testing, develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Articles 38 to 40. In relation to the presentation of the information on past performance as referred to in Article 39(1), point (i), EIOPA shall take into account the characteristics of different types of schemes when drafting those regulatory technical standards, in particular if members and beneficiaries bear investment risk or where the investment strategy is age-dependent or includes duration matching. | |
| In order to minimise duplication of reporting requirements, when developing the draft regulatory standards, EIOPA shall, to the maximum extent possible, ensure alignment with Commission Delegated Regulation (EU) 2021/473*, and aim at facilitating the insert of the information of the Pension Benefit Statement into pension tracking systems and at ensuring usability for members and beneficiaries. | |
| EIOPA shall submit those draft regulatory technical standards to the Commission by [PO = please insert date 18 months after the date of entry into force]. | |
| Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the third subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010. | |
| Commission Delegated Regulation (EU) 2021/473 of 18 December 2020 supplementing Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements on information documents, on the costs and fees included in the cost cap and on risk-mitigation techniques for the pan-European Personal Pension Product (OJ L 99, 22.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_del/2021/473/oj).. |
Or. es
Amendment 427
Marlena Maląg
on behalf of the ECR Group
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the Pension Benefit Statement shall be provided to members and beneficiaries using a Union standardised format, while also taking into account the characteristics of different types of pension schemes. | deleted |
| EIOPA shall, after conducting consumer testing and industry testing, develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Articles 38 to 40. In relation to the presentation of the information on past performance as referred to in Article 39(1), point (i), EIOPA shall take into account the characteristics of different types of schemes when drafting those regulatory technical standards, in particular if members and beneficiaries bear investment risk or where the investment strategy is age-dependent or includes duration matching. | |
| In order to minimise duplication of reporting requirements, when developing the draft regulatory standards, EIOPA shall, to the maximum extent possible, ensure alignment with Commission Delegated Regulation (EU) 2021/473\*, and aim at facilitating the insert of the information of the Pension Benefit Statement into pension tracking systems and at ensuring usability for members and beneficiaries. | |
| EIOPA shall submit those draft regulatory technical standards to the Commission by [PO = please insert date 18 months after the date of entry into force]. | |
| Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the third subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010. | |
| \* Commission Delegated Regulation (EU) 2021/473 of 18 December 2020 supplementing Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements on information documents, on the costs and fees included in the cost cap and on risk-mitigation techniques for the pan-European Personal Pension Product (OJ L 99, 22.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_del/2021/473/oj).; |
Or. en
Justification
Entrusting EIOPA with developing regulatory technical standards goes beyond minimum harmonization and introduces a degree of standardization that is inappropriate in the context of IORPs. It therefore fails to take into account the specificities of different types of pension plans, deeply rooted in their respective national contexts.
Amendment 428
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the Pension Benefit Statement shall be provided to members and beneficiaries using a Union standardised format, while also taking into account the characteristics of different types of pension schemes. | deleted |
| EIOPA shall, after conducting consumer testing and industry testing, develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Articles 38 to 40. In relation to the presentation of the information on past performance as referred to in Article 39(1), point (i), EIOPA shall take into account the characteristics of different types of schemes when drafting those regulatory technical standards, in particular if members and beneficiaries bear investment risk or where the investment strategy is age-dependent or includes duration matching. | |
| In order to minimise duplication of reporting requirements, when developing the draft regulatory standards, EIOPA shall, to the maximum extent possible, ensure alignment with Commission Delegated Regulation (EU) 2021/473\*, and aim at facilitating the insert of the information of the Pension Benefit Statement into pension tracking systems and at ensuring usability for members and beneficiaries. | |
| EIOPA shall submit those draft regulatory technical standards to the Commission by [PO = please insert date 18 months after the date of entry into force]. | |
| Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the third subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010. | |
| \* Commission Delegated Regulation (EU) 2021/473 of 18 December 2020 supplementing Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements on information documents, on the costs and fees included in the cost cap and on risk-mitigation techniques for the pan-European Personal Pension Product (OJ L 99, 22.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_del/2021/473/oj).; |
Or. en
Justification
We support the principle of a Pension Benefit Statement (PBS). However, we are concerned that harmonisation could make the PBS overly prescriptive and fail to take sufficient account of national specificities. We are also concerned that an EU-harmonised PBS with a uniform look and feel may encourage members to compare statements across countries. However, the amounts displayed are not harmonised in terms of their calculation methodology and are therefore not genuinely comparable. For this reason, we oppose the introduction of a standardised template based on an EIOPA mandate.
Amendment 429
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the Pension Benefit Statement shall be provided to members and beneficiaries using a Union standardised format, while also taking into account the characteristics of different types of pension schemes. | deleted |
| EIOPA shall, after conducting consumer testing and industry testing, develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Articles 38 to 40. In relation to the presentation of the information on past performance as referred to in Article 39(1), point (i), EIOPA shall take into account the characteristics of different types of schemes when drafting those regulatory technical standards, in particular if members and beneficiaries bear investment risk or where the investment strategy is age-dependent or includes duration matching. | |
| In order to minimise duplication of reporting requirements, when developing the draft regulatory standards, EIOPA shall, to the maximum extent possible, ensure alignment with Commission Delegated Regulation (EU) 2021/473\*, and aim at facilitating the insert of the information of the Pension Benefit Statement into pension tracking systems and at ensuring usability for members and beneficiaries. | |
| EIOPA shall submit those draft regulatory technical standards to the Commission by [PO = please insert date 18 months after the date of entry into force]. | |
| Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the third subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010. | |
| \* Commission Delegated Regulation (EU) 2021/473 of 18 December 2020 supplementing Regulation (EU) 2019/1238 of the European Parliament and of the Council with regard to regulatory technical standards specifying the requirements on information documents, on the costs and fees included in the cost cap and on risk-mitigation techniques for the pan-European Personal Pension Product (OJ L 99, 22.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_del/2021/473/oj).; |
Or. en
Amendment 430
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The format and structure of the Pension Benefit Statement shall be provided to members and beneficiaries using a Union standardised format, while also taking into account the characteristics of different types of pension schemes. | Member States shall specify the format and structure of the Pension Benefit Statement to ensure comparability across different IORPs within their territory, while taking into account the characteristics of different types of pension schemes. Where comparability is already achieved through a national pension tracking system referred to in Article 37a, Member States may waive the requirement for a standardised format of the Pension Benefit Statement. |
Or. en
Amendment 431
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The format and structure of the Pension Benefit Statement shall be provided to members and beneficiaries using a Union standardised format, while also taking into account the characteristics of different types of pension schemes. | The Pension Benefit Statement shall be provided to members and beneficiaries taking into account the characteristics of different types of pension schemes, shall ensure usability for members and beneficiaries and facilitate the insertion of information in pension tracking systems. |
Or. en
Amendment 432
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| EIOPA shall, after conducting consumer testing and industry testing, develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Articles 38 to 40. In relation to the presentation of the information on past performance as referred to in Article 39(1), point (i), EIOPA shall take into account the characteristics of different types of schemes when drafting those regulatory technical standards, in particular if members and beneficiaries bear investment risk or where the investment strategy is age-dependent or includes duration matching. | deleted |
Or. en
Amendment 433
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| EIOPA shall, after conducting consumer testing and industry testing, develop draft regulatory technical standards specifying the details of the presentation of the information referred to in Articles 38 to 40. In relation to the presentation of the information on past performance as referred to in Article 39(1), point (i), EIOPA shall take into account the characteristics of different types of schemes when drafting those regulatory technical standards, in particular if members and beneficiaries bear investment risk or where the investment strategy is age-dependent or includes duration matching. | deleted |
Or. en
Amendment 434
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| In order to minimise duplication of reporting requirements, when developing the draft regulatory standards, EIOPA shall, to the maximum extent possible, ensure alignment with Commission Delegated Regulation (EU) 2021/473\*, and aim at facilitating the insert of the information of the Pension Benefit Statement into pension tracking systems and at ensuring usability for members and beneficiaries. | deleted |
Or. en
Amendment 435
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| In order to minimise duplication of reporting requirements, when developing the draft regulatory standards, EIOPA shall, to the maximum extent possible, ensure alignment with Commission Delegated Regulation (EU) 2021/473\*, and aim at facilitating the insert of the information of the Pension Benefit Statement into pension tracking systems and at ensuring usability for members and beneficiaries. | deleted |
Or. en
Amendment 436
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| EIOPA shall submit those draft regulatory technical standards to the Commission by [PO = please insert date 18 months after the date of entry into force]. | deleted |
Or. en
Amendment 437
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| EIOPA shall submit those draft regulatory technical standards to the Commission by [PO = please insert date 18 months after the date of entry into force]. | deleted |
Or. en
Amendment 438
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the third subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010. | deleted |
Or. en
Amendment 439
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b
Directive (EU) 2016/2341
Article 38 – paragraph 6 – subparagraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the third subparagraph in accordance with Article 10 of Regulation (EU) No 1094/2010. | deleted |
Or. en
Amendment 440
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point b a (new)
Directive (EU) 2016/2341
Article 38 – paragraph 6a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) The following paragraph 6a is added: | |
| ' | |
| 6a. The information on accrued pension entitlements or accumulated capital as included in the Pension Benefit Statement shall be accurate and reliable, taking into account the need for long-term financial planning of members. | |
| ' |
Or. en
Justification
In many Member States, a lack of trust of citizens in private entities managing their money and pensions is an important obstacle to the development of supplementary pension systems and IORPs. People prefer to rely on guaranteed (national) pensions rather than having their savings invested on capital markets. In addition, they need to be sure that any measures affecting their entitlements are justified and understandable. By including in the directive that benefit entitlements in the Pension Benefit Statement should be accurate and reliable (even if invested on capital markets), and facilitate financial planning for retirement, citizens will be more likely to support the establishment of IORPs and occupational pension schemes.
Amendment 441
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point a
Directive EU (2016/2341)
Article 39 – paragraph 1 – point b a
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) the Member State in which the IORP is authorised and the names of the competent authorities of that Member State; | deleted |
Or. en
Amendment 442
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point b a (new)
Directive (EU) 2016/2341
Article 39 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) the following point is inserted: | |
| '(fa) information on the effects on the pension benefit of any interruptions to, or changes in the amount of, contributions paid into the pension scheme of the member that have occurred or that the member might consider in the future;'; |
Or. en
Justification
The financial implications for pension scheme participants of reducing their working hours, for example to achieve a better work–life balance, and consequently reducing their pension contributions, should be clear and transparent.
Amendment 443
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point c
Directive (EU) 2016/2341
Article 39 – paragraph 1 – point g
| Text proposed by the Commission | Amendment |
|---|---|
| (g) where members bear investment risk or can take investment decisions, information on the costs imposed and their impact, including: | (g) where members bear investment risk or can take investment decisions, information on the costs imposed and their impact to the extent that the information is relevant to the decisions that members may take and appropriate to the design of the pension scheme. |
Or. es
Amendment 444
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point c
Directive (EU) 2016/2341
Article 39 – paragraph 1– point g – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (g) where members bear investment risk or can take investment decisions, information on the costs imposed and their impact, including: | (g) information on the relevant costs imposed and their impact, including: |
Or. en
Amendment 445
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point c
Directive (EU) 2016/2341
Article 39 – paragraph 1 – point g – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (g) where members bear investment risk or can take investment decisions, information on the costs imposed and their impact, including: | (g) where there is no collective risk sharing and members bear investment risk or can take investment decisions, information on the costs imposed and their impact, including: |
Or. en
Amendment 446
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point c
Directive (EU) 2016/2341
Article 39 – paragraph 1– point g – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (g) where members bear investment risk or can take investment decisions, information on the costs imposed and their impact, including: | (g) where there is no collective risk sharing and members bear investment risk or can take investment decisions, information on the costs imposed and their impact, including: |
Or. en
Amendment 447
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point c
Directive (EU) 2016/2341
Article 39 – paragraph 1 – point g – point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) a breakdown of all costs incurred, directly and indirectly, by members and beneficiaries over the previous 12 months and on compounded basis since the member joined the scheme concerned, indicating at least the costs of administration, the costs of safekeeping the assets, and the investment costs incurred in connection with the management of assets and portfolio transactions; | deleted |
Or. es
Amendment 448
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point c
Directive (EU) 2016/2341
Article 39 – paragraph 1 – point g – point ii
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) an estimation of the impact of the costs on the final capital accumulated;’; | deleted |
Or. es
Amendment 449
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point d
Directive (EU) 2016/2341
Article 39 – paragraph 1– point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) where members bear investment risk, information on the past performance of the pension scheme or, where applicable, the investment selection made, covering performance of a minimum of 10 years or, in cases where the scheme or the relevant investment option have been provided for less than 10 years, covering all the years for which the pension scheme or the relevant investment option have been provided;’; | (i) information on the past performance of the pension scheme or, where applicable, the investment selection made, covering performance of a minimum of 10 years or, in cases where the scheme or the relevant investment option have been provided for less than 10 years, covering all the years for which the pension scheme or the relevant investment option have been provided;’; |
Or. en
Amendment 450
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point d
Directive (EU) 2016/2341
Article 39 – paragraph 1 – point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) where members bear investment risk, information on the past performance of the pension scheme or, where applicable, the investment selection made, covering performance of a minimum of 10 years or, in cases where the scheme or the relevant investment option have been provided for less than 10 years, covering all the years for which the pension scheme or the relevant investment option have been provided;’; | (i) where there is no collective risk sharing and the members bear investment risk, information on the past performance of the pension scheme or, where applicable, the investment selection made, covering performance of a minimum of 10 years or, in cases where the scheme or the relevant investment option have been provided for less than 10 years, covering all the years for which the pension scheme or the relevant investment option have been provided;’; |
Or. en
Amendment 451
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point d
Directive (EU) 2016/2341
Article 39 – paragraph 1– point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) where members bear investment risk, information on the past performance of the pension scheme or, where applicable, the investment selection made, covering performance of a minimum of 10 years or, in cases where the scheme or the relevant investment option have been provided for less than 10 years, covering all the years for which the pension scheme or the relevant investment option have been provided;’; | (i) where there is no collective risk sharing and members bear investment risk, information on the past performance of the pension scheme or, where applicable, the investment selection made, covering performance of a minimum of 10 years or, in cases where the scheme or the relevant investment option have been provided for less than 10 years, covering all the years for which the pension scheme or the relevant investment option have been provided;’; |
Or. en
Amendment 452
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point d
Directive (EU) 2016/2341
Article 39 – paragraph 1– point j
| Text proposed by the Commission | Amendment |
|---|---|
| (j) where members bear investment risk and are able to select between investment options, a brief indication of the investment selection made, including the number of options selected, the proportion of assets invested in each option and an indication of the risk level of the selection made in summary form.’; | (j) a brief indication of the investment selection made, including the number of options selected, the proportion of assets invested in each option and an indication of the risk level of the selection made in summary form.’; |
Or. en
Amendment 453
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point d
Directive (EU) 2016/2341
Article 39 – paragraph 1 – point j
| Text proposed by the Commission | Amendment |
|---|---|
| (j) where members bear investment risk and are able to select between investment options, a brief indication of the investment selection made, including the number of options selected, the proportion of assets invested in each option and an indication of the risk level of the selection made in summary form.’; | (j) where there is no collective risk sharing and the members bear investment risk and are able to select between investment options, a brief indication of the investment selection made, including the number of options selected, the proportion of assets invested in each option and an indication of the risk level of the selection made in summary form.’; |
Or. en
Amendment 454
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point d
2016/2341
Article 39 – paragraph 1– point j
| Text proposed by the Commission | Amendment |
|---|---|
| (j) where members bear investment risk and are able to select between investment options, a brief indication of the investment selection made, including the number of options selected, the proportion of assets invested in each option and an indication of the risk level of the selection made in summary form.’; | (j) where there is no collective risk sharing and members bear investment risk and are able to select between investment options, a brief indication of the investment selection made, including the number of options selected, the proportion of assets invested in each option and an indication of the risk level of the selection made in summary form.’; |
Or. en
Amendment 455
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point e
Directive (EU) 2016/2341
Article 39 – paragraph 1 – subparagraph 4a
| Text proposed by the Commission | Amendment |
|---|---|
| For the purposes of points (g), (i) and (j), the information shall be presented in a simple and understandable manner, taking into account the level of detail and amount of information that is relevant for an IORP’s members and beneficiaries, and aiming to avoid any information overload or risk of misinterpretation. |
Or. en
Amendment 456
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 39 – point e a (new)
Article 39 – paragraph 2a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) the following paragraph is inserted: | |
| 2a. IORPs shall be exempt from the obligation to provide the information referred to in paragraph 1, provided that the corresponding information is accessible to members and beneficiaries via a pension tracking system established pursuant to Article 37a. In such cases, the information provided through the tracking system shall meet the standards laid down in Article 36(2). |
Or. en
Amendment 457
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 41 – point b
Directive (EU) 2016/2341
Article 41 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Prospective members as referred to in paragraphs 1 and 3 shall be provided with the following: | 2. Prospective members as referred to in paragraphs 1 shall be provided with the following: |
Or. en
Amendment 458
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Justification
Supervisor-set benchmarks cannot capture scheme-specific investment strategies, liability structures, or demographic profiles. Deviations from a uniform benchmark do not indicate poor governance; they reflect legitimate long-term choices. The provision creates index-hugging incentives that discourage exactly the illiquid and long-term investments the SIU seeks to promote. Existing supervisory powers under Articles 30, 30a and 49 already provide adequate tools to address genuine underperformance.
Amendment 459
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a
| Text proposed by the Commission | Amendment |
|---|---|
| (42) [...] | deleted |
Or. en
Justification
We are concerned that the proposal disincentives allocations to alternatives. Allocations to these asset classes increase the likelihood of deviation from the benchmark (both outperformance and underperformance, which can be exacerbated by valuation lags). Moreover, the short timeframe also penalises investments with a long investment horizon such as venture capital investments and infrastructure. The proposal therefore undermines the purported objective of the review to increase allocations to these asset classes and the aim of the Savings and Investment Union. Given the counterproductive effects on uniform benchmarks on investments in private and alternative assets, we propose removing the entire article from the proposal.
Amendment 460
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Justification
Benchmark-based underperformance rules are ill-suited to occupational pensions, as schemes differ in objectives, liabilities, risk profiles, strategies and time horizons. Such benchmarks could encourage short-term investment behaviour rather than long-term value for members and beneficiaries. Pension quality and performance should instead be assessed through national supervisory frameworks and, where relevant, social partner arrangements.
Amendment 461
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. en
Amendment 462
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
‘Article 41a
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. es
Amendment 463
Marlena Maląg
on behalf of the ECR Group
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a
| Text proposed by the Commission | Amendment |
|---|---|
| Article 41a | deleted |
Or. en
Justification
The EC proposal introduces benchmarks within IORPs, intended to serve as measurement tools (in the case of low performance, they may lead to the development of a corrective action plan at the request of the supervisory authority).However, the design and application of benchmarks face significant methodological challenges in this sector. A key reason for this is the significant differences between IORPs in terms of i) design, ii) investment strategies, iii) member profiles, and iv) institutional conditions. Furthermore, there is insufficient evidence that the introduction of benchmarks will contribute to greater investment efficiency in the sector. The opposite effect is possible: they may lead to overly conservative policies.
Amendment 464
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that IORPs regularly monitor their performance against benchmarks established by their competent authority in accordance with paragraph 4. Member States shall ensure that, where an IORP identifies that its performance materially deviates from the applicable benchmark, it promptly informs its competent authority and provides evidence that the costs and charges of the scheme are justified and proportionate and that the scheme is in line with the risk tolerance of its members and beneficiaries. | Member States shall ensure that IORPs regularly monitor their performance against their stated investment objectives and principle-based guidelines established by their competent authority in accordance with paragraph 4. Member States shall ensure that, where an IORP identifies that its performance materially and over multiple years deviates from its stated investment objectices and the applicable principle-based guidelines, it promptly informs its competent authority and its members and beneficiaries in a clear, fair and understandable manner. It shall furthermore, where necessary, take appropriate action to remedy the situation. |
Or. en
Justification
The idea of using benchmarks to reliably monitor the performance of an IORP is not a bad idea, but too rigid and one-size-fits-all benchmarks should be avoided. As a solution, competent authorities could develop multiple (qualitative) guidelines based on specific principles that should inform the performance measurement by IORPs. In addition, IORPs should measure their performance in relation to their original investment objectives. The principle-based guidelines could be adapted to specific types of IORPs. IORPs could then align their benchmarks. This would avoid the risk of bias in IORPs assessing their own performance, while still providing adaptability for competent authorities.
Amendment 465
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Where the competent authority concludes that the evidence that the costs and charges of the scheme are not justified and proportionate or that the scheme is not in line with the risk tolerance of its members and beneficiaries, or where the underperformance persists for at least three years, Member States shall ensure that the IORP promptly informs its members and beneficiaries of that situation in a clear, fair and understandable manner. | deleted |
Or. en
Amendment 466
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the information referred to in paragraph 1, second subparagraph, enables members and beneficiaries to understand how the scheme is performing in relation to comparable IORPs. Member States shall ensure that the information provided explains in a simple manner the reasons for the underperformance, how the costs and charges are proportionate and justified, and the actions being taken to improve results and to protect the value of members’ accrued rights. Member States shall ensure that the information remains easily accessible until the IORP demonstrates sustained improvement. | 2. Member States shall ensure that the information referred to in paragraph 1 enables members and beneficiaries to understand how the scheme is performing in relation to comparable IORPs. Member States shall ensure that the information provided explains in a simple manner the reasons for the underperformance, how the costs and charges are proportionate and justified, and the actions being taken to protect the value of members’ accrued rights. Member States shall ensure that the information remains easily accessible for the duration of the underperformance. |
Or. en
Amendment 467
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall require that IORPs ensure that the information referred to in paragraph 1, second subparagraph, is made available through the same channels normally used for providing the Pension Benefit Statement and other regular communications, and that members and beneficiaries are informed of how to obtain further details if they so wish. | deleted |
Or. en
Amendment 468
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that clear, objective and transparent benchmarks are developed by their competent authority for assessing underperformance, including with respect to administrative, investment and transaction costs, gross and net investment returns and funding outcomes over specified periods. | 4. Member States shall ensure that clear, objective and transparent principle-based guidelines are developed by their competent authority for monitoring underperformance, particularly with respect to protecting the interests of members and beneficiaries, proportionality in administrative and investment costs, expected investment returns, and avoiding conflicts of interest within IORPs' benchmarks and monitoring activities. These guidelines shall take into account the varying risk profiles, nature, activities and investment strategies of IORPs, as well as potential risk preferences of IORP members, and may be adapted to different types of IORPs. |
Or. en
Amendment 469
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. IORPs shall align their benchmarks, including quantitative benchmarks, and monitoring activities with the applicable principle-based guidelines as established by their competent authority. |
Or. en
Amendment 470
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. For the purposes of this Article, EIOPA shall adopt guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on methodologies for determining underperformance across Member States.; | deleted |
Or. en
Amendment 471
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. For the purposes of this Article, EIOPA shall adopt guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on methodologies for determining underperformance across Member States.; | deleted |
Or. en
Amendment 472
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. For the purposes of this Article, EIOPA shall adopt guidelines, in accordance with Article 16 of Regulation (EU) No 1094/2010, on methodologies for determining underperformance across Member States.; | deleted |
Or. en
Justification
Several provisions introduce new tasks for EIOPA, such as the development of guidelines and/or technical standards. We do not support these proposals, as they are not consistent with the nature of a minimum harmonisation directive. Moreover, EIOPA is not always the most appropriate body to carry out these tasks.
Amendment 473
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 42
Directive (EU) 2016/2341
Article 41a – paragraph 5a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. This Article shall not apply to IORPs which operate in a non-competitive market and whose pension schemes include collective risk sharing. |
Or. en
Amendment 474
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Article 42 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| In addition to the Pension Benefit Statement, IORPs shall provide each member, in due time before the retirement age as specified in Article 39(1), point (a), or at the request of the member, with information about the upcoming start of the pay-out phase and the benefit pay-out options available in taking their retirement benefits, including the costs and charges associated with each option and the applicable tax treatment. | In addition to the Pension Benefit Statement, IORPs shall provide each member, in due time before the retirement age as specified in Article 39(1), point (a), or at the request of the member, where relevant and to the extent that such information is not already provided through the Pension Benefit Statement, the Pension Tracking System, national law, collective agreements or other regular communications, with information about the upcoming start of the pay-out phase and the benefit pay-out options available in taking their retirement benefits, including, where applicable, the costs and charges associated with each option and the applicable tax treatment. |
Or. en
Amendment 475
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Article 42 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the information referred to in the first subparagraph is accompanied by a concise explanatory package that includes all of the following information: | Member States shall ensure that the information referred to in the first subparagraph is accompanied by a concise explanatory package that sets out, in clear language, the main features, implications, risks and suitability considerations of each benefit pay-out option available, including factors that could adversely affect the level, stability or duration of retirement income. |
Or. en
Amendment 476
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Article 42 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the main features, implications and potential effects of each benefit pay-out option available on the member and, where applicable, on the beneficiaries; | deleted |
Or. en
Amendment 477
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive |(EU) 2016/2341
Article 42 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the risks and factors that could adversely affect the level, stability or duration of retirement income; | deleted |
Or. en
Amendment 478
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Article 42 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the circumstances and criteria for members to take into account when assessing the suitability of the different benefit pay-out options for their individual situation. | deleted |
Or. en
Justification
Requiring IORPs to advise members on the criteria for assessing the suitability of pay-out options for their individual situation is bordering on providing personal financial advice. IORPs are not authorised investment advisers; imposing this obligation creates liability exposure without a corresponding regulatory framework and risks blurring the regulatory boundary between information provision and regulated advice.
Amendment 479
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Article 42 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the circumstances and criteria for members to take into account when assessing the suitability of the different benefit pay-out options for their individual situation. | deleted |
Or. en
Amendment 480
Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Article 42 – paragraph 2 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) Member States shall assess decumulation practices and their impact on consumers, possibly by reducing or simplifying these options, favouring those of greatest interest. |
Or. en
Amendment 481
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Article 42 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that where one of the benefit pay-out options offered by the IORP is a variable annuity, the IORP provides each member, in due time before the retirement age as specified in Article 39(1), point (a), with projections to illustrate the potential variation in the amount of the pay-out over time.; | Member States shall ensure that where one of the benefit pay-out options offered by the IORP is a variable annuity, the IORP provides each member, in due time before the retirement age as specified in Article 39(1), point (a), with projections to illustrate the potential variation in the amount of the pay-out over time, where such projections are not already provided under national law or through existing communications.; |
Or. en
Justification
The amendments to Article 42 simplify pre-retirement information and ensure that members receive clear, relevant and useful information. A more principle-based requirement avoids information overload, unnecessary administrative costs and overly detailed Union-level rules, while preserving transparency and allowing Member States and, where relevant, social partners to adapt information to their national context.
Amendment 482
Sirpa Pietikäinen
Proposal for a directive
Article 1 – paragraph 1 – point 43
Directive (EU) 2016/2341
Art 42 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall assess and propose a model for a pensions calculator to the Member States to adopt in a uniform way, enabling Europeans to visualise and quantify their expected pension level as well as its adequateness in covering a sustainable level of living based on variabilities such as expected inflation, rising costs of food, housing and healthcare. |
Or. en
Amendment 483
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 44 – point a
Directive (EU) 2016/2341
Article 43 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall require IORPs to annually provide beneficiaries with information about the benefits due, the corresponding pay-out options, and a breakdown of all costs incurred and information on the past performance as referred to in Article 39, points (g) and (i). | Member States shall require IORPs to periodically and at least every five years provide beneficiaries with information about the benefits due, the corresponding pay-out options, and a breakdown of all costs incurred and information on the past performance as referred to in Article 39, points (g) and (i). |
Or. en
Justification
Mandatory annual disclosure to pay-out phase beneficiaries is disproportionate where pension benefits are fixed or change only marginally over time. A five-year cycle is proportionate and consistent with review cadences applied to comparable obligations elsewhere in the directive.
Amendment 484
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 44 – point a
Directive (EU) 2016/2341
Article 43 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The information shall also describe the main factors that could affect the level or duration of retirement income, including investment and life-expectancy risks, and shall indicate, where relevant, the right to change the pay-out option.; | The information shall also describe the main factors that could affect the level or duration of retirement income, including investment and life-expectancy risks, and shall indicate, where relevant, the right to change the pay-out option, in a clear and accessible manner that allows them to understand the long-term sustainability of their retirement income. |
Or. en
Amendment 485
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 44 – point a
Directive (EU) 2016/2341
Article 43 – paragraph 1 – subparagraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Notwithstanding the first and second subparagraphs, Member States shall require IORPs that operate in a non-competitive market and whose pension schemes include collective risk sharing to periodically provide beneficiaries with information about the benefits due and the corresponding pay-out options. |
Or. en
Amendment 486
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 44 – point a
Directive (EU) 2016/2341
Article 43 – paragraph 1 – subparagraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| If the IORP operates in a non-competitive market and who’s pensions schemes do include collective risk sharing instead of the two before mentioned sub paragraphs, the Member States shall require these IORPs to periodically provide beneficiaries with information about the benefits due and the corresponding pay-out options.’ ; |
Or. en
Amendment 487
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 44 – point b
Directive (EU) 2016/2341
Article 43 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where beneficiaries continue to make contributions or to bear investment risk during the pay-out phase, Member States shall ensure that IORPs continue to provide the Pension Benefit Statement, which shall also contain the information referred to in paragraph 1.; | 3. Where beneficiaries continue to make contributions or to bear investment risk during the pay-out phase and there is no collective risk sharing, Member States shall ensure that IORPs continue to provide the Pension Benefit Statement, which shall also contain the information referred to in paragraph 1.; |
Or. en
Amendment 488
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive EU (2016/2341)
Article 44a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall, taking into account the nature of the pension scheme, ensure that every IORP authorised in their territory always acts honestly, fairly and professionally, and in accordance with the best interests of their members and beneficiaries. Those interests shall include the objective of providing adequate, risk-adjusted and cost-efficient returns over the long term, consistent with the long-term nature of pension obligations. | deleted |
Or. en
Justification
We are concerned that a broadly worded general duty of care constitutes an open-ended obligation that risks increasing supervisory intensity, reporting requirements and compliance costs. A general duty of care functions as a catch-all norm, creating legal uncertainty for IORPs.
Amendment 489
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall, taking into account the nature of the pension scheme, ensure that every IORP authorised in their territory always acts honestly, fairly and professionally, and in accordance with the best interests of their members and beneficiaries. Those interests shall include the objective of providing adequate, risk-adjusted and cost-efficient returns over the long term, consistent with the long-term nature of pension obligations. | 1. Member States shall, taking into account the nature of the pension scheme, ensure that every IORP authorised in their territory always acts honestly, fairly and professionally, and in accordance with the best interests of their members and beneficiaries, with specific regard to the objective of providing adequate retirement incomes over time. |
Or. en
Amendment 490
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that IORPs put in place safeguards, including guidance to support prospective members, members and beneficiaries when they are deciding on the options available to them, and inform them about the potential consequences of their decisions. | 2. Member States shall ensure that IORPs put in place safeguards, including guidance to support prospective members, members and beneficiaries when they are deciding on the options available to them, and inform them about the potential consequences of their decisions, where the IORP is responsible for providing those options or related guidance. Where, under national law, collective agreements or the rules of the pension scheme, such guidance is provided by social partners or by entities acting on their behalf, this paragraph may be fulfilled through those arrangements. In such cases, the IORP shall not be required to duplicate that guidance or to take responsibility for matters outside its role. |
Or. en
Amendment 491
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that IORPs put in place safeguards, including guidance to support prospective members, members and beneficiaries when they are deciding on the options available to them, and inform them about the potential consequences of their decisions. | 2. Member States shall ensure that IORPs put in place safeguards, including guidance to support prospective members, members and beneficiaries when making choices available to them, and provide them with relevant, and accurate information on the options, risks and potential consequences of the choices in an understandable and accessible manner. |
Or. en
Amendment 492
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44a – paragraph 2a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Where IORPs, or entities operating them and acting on their behalf, offer, market or administer occupational pension schemes in connection with other financial products or services, Member States shall take appropriate measures to ensure that such pension schemes are clearly distinguished from those other products or services. Those measures shall be designed to avoid conflicts of interest, safeguard the long-term interests of members and beneficiaries, and prevent occupational pension structures from being used for the marketing, distribution or cross-selling of non-pension financial products or services. In particular, Member States shall take measures to prevent financial or commercial advantages relating to non-pension financial products or services, including credit products, from unduly influencing a member’s decision to transfer, select or continue holding an occupational pension scheme with a specific IORP or provider. Where, under national law, collective agreements or the rules of the pension scheme, equivalent safeguards are provided by social partners or by entities acting on their behalf, the requirements of this paragraph may be fulfilled through those arrangements. In such cases, the IORP shall not be required to duplicate those safeguards or to assume responsibility for matters falling outside its role. |
Or. en
Justification
Occupational pension schemes serve a long-term retirement purpose and should not be used as a channel for marketing or cross-selling other financial products or services. Clear separation is necessary to avoid conflicts of interest and to ensure that members’ decisions on occupational pensions are not unduly influenced by short-term commercial advantages linked to other products. This strengthens the protection of members and beneficiaries and safeguards the long-term purpose of occupational retirement provision.
Amendment 493
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 1 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) IORPs ensure that the structure, design and implementation of pension schemes are appropriate in view of the identified needs, characteristics and risk profile of the members and beneficiaries, in a manner that is proportionate to the nature, scale and complexity of the scheme. | (a) IORPs ensure that the structure, design and implementation of pension schemes are appropriate in view of the identified needs, characteristics, including age and time horizons-biometric risks, and risk profile of the members and beneficiaries and with a view to supporting adequate retirement outcomes for them, in a manner that is proportionate to the nature, scale and complexity of the scheme. |
Or. en
Amendment 494
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 1 – subparagraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The requirements in points (a) and (b) shall apply only to the extent that the relevant elements fall within the IORP’s role and decision-making powers. Where the structure, design or fundamental characteristics of a pension scheme are determined by national law, collective agreements, the rules of the pension scheme or social partners, the IORP shall not be required to amend those elements or be held responsible for matters outside its mandate. This shall be without prejudice to the IORP’s responsibility for the proper administration and implementation of the scheme within that mandate. |
Or. en
Amendment 495
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 1 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) IORPs regularly review and, where necessary, adapt the structure, design and implementation of the pension scheme, taking into account any material developments, in order to ensure that the scheme remains appropriate and consistent with the needs, characteristics and risk profile of members and beneficiaries, in a manner that is proportionate to the nature, scale and complexity of the scheme. | (b) IORPs regularly review and, where necessary, adapt the structure, design and implementation of the pension scheme, taking into account any material developments, including demographic shifts and any features of the scheme that may give rise to unjustified disparities between members and beneficiaries, including disparities related to gender in order to ensure that the scheme remains appropriate and consistent with the needs, characteristics and risk profile of members and beneficiaries, in a manner that is proportionate to the nature, scale and complexity of the scheme. |
Or. en
Amendment 496
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 1 – subparagraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) Where members bear investment risk, that assessment shall include whether the costs and charges of the pension scheme are justified and proportionate in view of its objectives, the characteristics, needs and risk profile of the relevant members and beneficiaries, and the expected long-term net outcomes for them |
Or. en
Amendment 497
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The IORP shall document the assessment of whether the structure, design and implementation of pension schemes are appropriate as referred to in the first subparagraph, point (a). | The IORP shall document the assessment of whether the structure, design and implementation of pension schemes are appropriate as referred to in the first subparagraph, point (a), to the extent that such assessment falls within its role and decision-making powers. |
Or. en
Amendment 498
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that, where members bear investment risk, IORPs assess the long-term risk from the perspective of members and beneficiaries, including: | 2. Without prejudice to compulsory membership and the outcomes of collective bargaining agreements, Member States shall ensure that, where members bear investment risk, IORPs assess the long-term risk from the perspective of members and beneficiaries, including: |
Or. en
Amendment 499
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that, where members bear investment risk, IORPs assess the long-term risk from the perspective of members and beneficiaries, including: | 2. Member States shall ensure that, where members bear investment risk, and to the extent that the IORP is responsible for the relevant investment options, default option or investment strategy, IORPs assess the long-term risk from the perspective of members and beneficiaries, including: |
Or. en
Justification
The amendments to Article 44b clarify that IORPs cannot be required to assess, adapt or take responsibility for elements of a pension scheme determined by national law, collective agreements, scheme rules or social partners. In such systems, the IORP may have a limited administrative role and lack legal power to alter the scheme’s structure or design. The amendment preserves the IORP’s responsibility for proper administration within its mandate, while respecting national social and labour law.
Amendment 500
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 2a – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that, where members bear investment risk, IORPs assess the long-term risk from the perspective of members and beneficiaries, including: | 2. Member States shall ensure that, where members bear investment risk, IORPs assess the long-term risk, taking into account any collective risk sharing, where applicable, from the perspective of members and beneficiaries, including: |
Or. en
Amendment 501
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44b – paragraph 2a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. In respect of schemes under which members bear the investment risk, Member States shall require IORPs to ensure that, when a member becomes entitled to take retirement benefits, at least one option is available under which those benefits are paid, in whole or in part, as a regular income. | |
| Where more than one form of payment is available, the IORP shall allow the member to choose or change, free of charge, the form in which the benefits are taken, no later than the start of the decumulation phase and at least one year before that date. |
Or. en
Justification
Members are required to manage longevity risk individually without the actuarial tools to do so. This amendment ensures that at least one regular-income option is available to restore a basic insurance logic without prescribing the product. The free-choice and free-change rule prevents predatory product design and lock-in.
Amendment 502
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 45
2016/2341
Article 44c – paragraph 7a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. Notwithstanding paragraphs 1 to 7, Member States may consider existing national redress mechanisms, including mechanisms involving social partners, as fulfilling the requirements of this Article, where such mechanisms provide an equivalent level of protection and prevent unnecessary duplication of procedures. |
Or. en
Justification
Member States should be able to maintain effective national redress mechanisms, including those involving social partners, where they provide equivalent protection. The new requirements should not create unnecessary duplication or administrative burden.
Amendment 503
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directives (EU) 2016/2341
Article 44c – paragraph 7a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. Nothwistanding paragraphs 1 to 7, Member States may consider existing national redress arrangements, including mechanisms involving social partners, to fulfil the obligations set out in this Article, where those arrangements provide an equivalent level of protection and prevent the unnecessary duplication of procedures. |
Or. en
Amendment 504
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44d – paragraph 2a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. As an exception to paragraphs 1 and 2, Member States may provide that existing national redress frameworks, including those established and administered by social partners, meet the requirements laid down in this Article. |
Or. en
Amendment 505
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directives (EU) 2016/2341
Article 44d – paragraph 3 (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Notwithstanding paragraphs 1 and 2, Member States may provide that existing national redress frameworks, including those established and managed by social partners, satisfy the requirements of this Article. |
Or. en
Amendment 506
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 45
Directive (EU) 2016/2341
Article 44e (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 44e | |
| Protection of accrued pension entitlements | |
| Member States shall ensure that accrued pension entitlements and pension rights of members and beneficiaries are protected. Any measure by an IORP affecting accrued pension entitlements, pension rights or pension benefits shall be duly justified, respect the essence of those rights and comply with the principle of proportionality, in accordance with Union law. |
Or. en
Justification
In many Member States, a lack of trust of citizens in private entities managing their money and pensions is an important obstacle to the development of supplementary pension systems and IORPs. People prefer to rely on guaranteed (national) pensions rather than having their savings invested on capital markets. In addition, they need to be sure that any measures affecting their entitlements are justified and respect the essence of their rights. By explicitly including in the directive that citizens can be assured that their entitlements are protected, they will be more likely to support the establishment of IORPs and occupational pension schemes.
Amendment 507
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 52 – point a – introductory part
Directive (EU) 2016/2341
Article 48 – paragraphs 1a and 1b
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the following paragraphs 1a and 1b are inserted: | (a) the following paragraph 1a is inserted: |
Or. es
Amendment 508
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 52 – point a
Directive (EU) 2016/2341
Article 48 – paragraph 1a
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Member States shall ensure that their competent authorities have the power to require all information necessary to conduct supervision in accordance with Article 50. | 1a. Member States shall ensure that their competent authorities exercise their supervisory powers in a timely, risk-based and proportionate manner, taking into account the nature, size, internal organisation, scale and complexity of the IORP’s activities |
Or. es
Amendment 509
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 52 – point a
Directive (EU) 2016/2341
Article 48 – paragraph 1b
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. Member States shall ensure that their competent authorities apply supervisory powers in a timely and proportionate manner.’; | deleted |
Or. es
Amendment 510
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 52 – point b
Directive (EU) 2016/2341
Article 48 – paragraph 2 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to take any necessary measures, including where appropriate, those of an administrative or financial nature, with regard to IORPs, and the members of their administrative, management or supervisory body. | (b) to take the necessary and proportionate measures with regard to IORPs, within the prudential supervision scope laid down in this Directive and in accordance with national law. |
Or. es
Amendment 511
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point a – point i – introductory part
Directive (EU) 2016/2341
Article 49 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| (i) the first subparagraph is replaced by the following: | (i) the first and second subparagraphs are replaced by the following: |
Or. en
Amendment 512
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point a – point i
Directive (EU) 2016/2341
Article 49 – paragraph 1 – first subparagraph
| Text proposed by the Commission | Amendment |
|---|---|
| ‘Member States shall ensure that competent authorities review and evaluate the strategies, processes and reporting procedures which are established by IORPs to comply with the laws, regulations and administrative provisions adopted pursuant to this Directive, taking into account the nature, scale and complexity of the activities of the IORP.’; | ‘Member States shall ensure that competent authorities review and evaluate the strategies, processes and reporting procedures which are established by IORPs to comply with the laws, regulations and administrative provisions adopted pursuant to this Directive, taking into account the nature, size, internal organisation, scale and complexity of the activities of the IORP.’; |
Or. es
Amendment 513
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point a – point i
Directive (EU) 2016/2341
Article 49 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that competent authorities review and evaluate the strategies, processes and reporting procedures which are established by IORPs to comply with the laws, regulations and administrative provisions adopted pursuant to this Directive, taking into account the nature, scale and complexity of the activities of the IORP.; | Member States shall ensure that competent authorities have the power to review and evaluate the strategies, processes and reporting procedures which are established by IORPs to comply with the laws, regulations and administrative provisions adopted pursuant to this Directive, taking into account the nature, scale and complexity of the activities of the IORP.; |
Or. en
Amendment 514
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point a – point i a (new)
Directive (EU) 2016/2341
Article 49 – paragraph 1 – subparagraph 2
| Present text | Amendment |
|---|---|
| (i a) The Subparagraph 2 is amended as follows: | |
| That review shall take into account the circumstances in which the IORPs are operating, and, where relevant, the parties carrying out outsourced key functions or any other activities for them. The review shall comprise the following elements: | "That review shall take into account the circumstances in which the IORPs are operating, and, where relevant, the parties carrying out outsourced key functions or any other activities for them. Competent authorities shall take into account proportionality the aim to avoid unnecessary administrative and reporting burden for IORPs. The review shall comprise the following elements:" |
Or. en
(032016L2341)
Amendment 515
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point b
Directive (EU) 2016/2341
Article 49 – paragraph 1a
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Member States shall ensure that competent authorities in particular review and evaluate compliance with all elements referred to in Article 46. | 1a. Member States shall ensure that competent authorities in particular review and evaluate, in a proportionate and risk-based manner, compliance with all elements referred to in Article 46. |
Or. es
Amendment 516
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point b
Directive (EU) 2016/2341
Article 49 – paragraph 1b
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. As part of the review process, the competent authority and each IORP shall conduct, at least every three years, a regular supervisory dialogue.’; | deleted |
Or. es
Amendment 517
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point b
Directive (EU) 2016/2341
Article 49 – paragraph 1b
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. As part of the review process, the competent authority and each IORP shall conduct, at least every three years, a regular supervisory dialogue.; | 1b. As part of the review process, the competent authority and each IORP shall conduct a regular supervisory dialogue. The competent authority shall determine the frequency of that supervisory dialogue based on the risks, nature, scale and complexity of the activities of the IORP concerned.; |
Or. en
Amendment 518
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point b
Directive (EU) 2016/2341
Article 49 – paragraph 1b
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. As part of the review process, the competent authority and each IORP shall conduct, at least every three years, a regular supervisory dialogue.; | 1b. As part of the review process, the competent authority and each IORP shall regularly conduct a supervisory dialogue, taking the scale, risks and nature of the IORP’s activities into account when determining the frequency and intensity of the dialogue; |
Or. en
Amendment 519
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point b
Directive (EU) 2016/2341
Article 49 – paragraph 1b
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. As part of the review process, the competent authority and each IORP shall conduct, at least every three years, a regular supervisory dialogue.; | 1b. As part of the review process, the competent authority and each IORP shall conduct a regular supervisory dialogue. |
Or. en
Justification
A uniform three-year cycle disregards major differences between national markets. Developed IORP markets already have established supervisory practices and should determine the appropriate frequency themselves. More frequent dialogue is justified temporarily in markets that are still developing.
Amendment 520
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point b
Directive (EU) 2016/2341
Article 49 – paragraph 1b
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. As part of the review process, the competent authority and each IORP shall conduct, at least every three years, a regular supervisory dialogue.; | 1b. As part of the review process, the competent authority and each IORP shall conduct a regular supervisory dialogue.; |
Or. en
Justification
Competent authorities should have some leeway to determine an appropriate frequency for the supervisory dialogue taking into account the risks, nature, scale, and complexity of the activities of the IORP concerned.
Amendment 521
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point b a (new)
Directive (EU) 2016/2341
Article 49 – paragraph 1c (new)
| Present text | Amendment |
|---|---|
| (ba) In Article 49, a new paragraph 1c has been added as follows: | |
| A new paragraph 1c has been added to Article 49 of the current text | "In a Member State with an already developed IORP market, the competent authority shall determine the frequency of that dialogue in accordance with national law and its risk-based supervisory assessment. In determining whether its IORP market is developed, the Member State shall take account of the coverage of occupational pensions, assets under management, the number and diversity of IORPs, the length of time for which the market has operated and the maturity of the national supervisory framework. The Member State shall notify its assessment to the Commission and EIOPA. |
| In a Member State where the IORP market is not yet developed or is not sufficiently developed, the supervisory dialogue shall take place: | |
| a) at least annually during the first five years from the date of application of this Directive; | |
| b) at least once every two years from the beginning of the sixth year until the end of the tenth year; and | |
| c) at least once every three years from the beginning of the eleventh year. | |
| This paragraph shall not prevent a competent authority from conducting an additional supervisory dialogue where there are specific and substantiated indications of a material prudential risk or infringement." |
Or. en
(32016L2341)
Justification
A uniform three-year cycle disregards major differences between national markets. Developed IORP markets already have established supervisory practices and should determine the appropriate frequency themselves. More frequent dialogue is justified temporarily in markets that are still developing.
Amendment 522
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point e
Directive (EU) 2016/2341
Article 49 – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The competent authorities shall establish the minimum frequency and the scope of the reviews, evaluations and assessments having regard to the nature, scale and complexity of the activities of the IORP concerned.’ | The competent authorities shall establish the minimum frequency and the scope of the reviews, evaluations and assessments having regard to the nature, size, internal organisation, scale and complexity of the activities of the IORP concerned.’ |
Or. es
Amendment 523
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
‘Article 49a
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Or. es
Amendment 524
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54 – introductory part
Directive (EU) 2016/2341
Articles 49a and 49b
| Text proposed by the Commission | Amendment |
|---|---|
| (54) the following Articles 49a and 49b are inserted: | (54) the following Article 49b is inserted: |
Or. en
Amendment 525
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a
| Text proposed by the Commission | Amendment |
|---|---|
| […] | deleted |
Or. en
Justification
In the Netherlands, such dialogues are already common practice. We believe that an assessment of the viability and adequacy of the pension scheme should be made by the Board of the IORP as well as the social partners that manage the scheme on behalf of members and beneficiaries. We believe supervisors should remain focused on supervisory activities. Most Dutch IORPs have significant scale, meaning that the mandatory nature of these conversations creates an unnecessary administrative burden.
Amendment 526
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a
| Text proposed by the Commission | Amendment |
|---|---|
| […] | deleted |
Or. en
Amendment 527
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a
| Text proposed by the Commission | Amendment |
|---|---|
| […] | deleted |
Or. en
Amendment 528
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The regular supervisory dialogue referred to in Article 49(1b) shall cover the early identification of vulnerabilities, inefficiencies and structural challenges, and to encourage strategic reflection on the long-term adequacy, efficiency and sustainability of the IORP, including the adequacy of its scale, its capacity for consolidation, cooperation or asset pooling, and the appropriateness of its organisational configuration to operate efficiently and deliver value for members and beneficiaries. | deleted |
Or. en
Amendment 529
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The regular supervisory dialogue referred to in Article 49(1b) shall cover the early identification of vulnerabilities, inefficiencies and structural challenges, and to encourage strategic reflection on the long-term adequacy, efficiency and sustainability of the IORP, including the adequacy of its scale, its capacity for consolidation, cooperation or asset pooling, and the appropriateness of its organisational configuration to operate efficiently and deliver value for members and beneficiaries. | 1. The regular supervisory dialogue referred to in Article 49(1b) shall cover the early identification of vulnerabilities, inefficiencies and structural challenges, and to encourage strategic reflection on the long-term adequacy, efficiency and sustainability of the IORP. |
Or. en
Justification
The text of the directive should not be too prescriptive on the details of the supervisory dialogue.
Amendment 530
Martin Schirdewan
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The regular supervisory dialogue referred to in Article 49(1b) shall cover the early identification of vulnerabilities, inefficiencies and structural challenges, and to encourage strategic reflection on the long-term adequacy, efficiency and sustainability of the IORP, including the adequacy of its scale, its capacity for consolidation, cooperation or asset pooling, and the appropriateness of its organisational configuration to operate efficiently and deliver value for members and beneficiaries. | 1. The regular supervisory dialogue referred to in Article 49(1b) shall cover the early identification of vulnerabilities, inefficiencies and structural challenges, and to encourage strategic reflection on the long-term adequacy, efficiency and sustainability of the IORP. |
Or. en
Amendment 531
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the regular supervisory dialogue referred to in Article 49(1b) is based on a set of early warning parameters, including at least all of the following: | deleted |
| (a) the level and evolution of administrative, transaction and investment costs of the IORP; | |
| (b) the net and risk-adjusted rate of return on assets of the IORP; | |
| (c) any shortfall or deviation from promised or targeted benefit levels; | |
| (d) the number and evolution of active members and beneficiaries; | |
| (e) indicators of operational efficiency, risk concentration and institutional resilience. |
Or. en
Justification
The text of the directive should not be too prescriptive on the details of the supervisory dialogue.
Amendment 532
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that the regular supervisory dialogue referred to in Article 49(1b) is based on a set of early warning parameters, including at least all of the following: | deleted |
| (a) the level and evolution of administrative, transaction and investment costs of the IORP; | |
| (b) the net and risk-adjusted rate of return on assets of the IORP; | |
| (c) any shortfall or deviation from promised or targeted benefit levels; | |
| (d) the number and evolution of active members and beneficiaries; | |
| (e) indicators of operational efficiency, risk concentration and institutional resilience. |
Or. en
Amendment 533
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the level and evolution of administrative, transaction and investment costs of the IORP; | deleted |
Or. en
Amendment 534
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the net and risk-adjusted rate of return on assets of the IORP; | deleted |
Or. en
Amendment 535
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) any shortfall or deviation from promised or targeted benefit levels; | deleted |
Or. en
Amendment 536
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the number and evolution of active members and beneficiaries; | deleted |
Or. en
Amendment 537
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) indicators of operational efficiency, risk concentration and institutional resilience. | deleted |
Or. en
Amendment 538
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that, where the outcome of the regular supervisory dialogue indicates potential weaknesses or deficiencies, their competent authorities invite the IORP concerned to consider strategic options that are appropriate at strengthen its long-term viability and the effective delivery of retirement benefits to members and beneficiaries, including measures that enhance operational scale, consolidation, cooperation, asset pooling or resource-sharing arrangements. | deleted |
Or. en
Amendment 539
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that the, where material deficiencies are identified, or where there is an underperformance as referred to in Article 41a(1), their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. | deleted |
| Member States shall ensure that the IORP’s administrative, management or supervisory body adopts the plan referred to in the first subparagraph and submits that plan to the competent authority for review and approval. | |
| Member States shall ensure that the IORP reports periodically on the implementation of the plan referred to in the first subparagraph and on any progress achieved in implementing that plan when requested to do so by the competent authority. |
Or. en
Amendment 540
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 4– subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the, where material deficiencies are identified, or where there is an underperformance as referred to in Article 41a(1), their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. | deleted |
Or. en
Amendment 541
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 4 – subpagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the, where material deficiencies are identified, or where there is an underperformance as referred to in Article 41a(1), their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. | Member States shall ensure that the, where material deficiencies are identified their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. |
Or. en
Amendment 542
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the, where material deficiencies are identified, or where there is an underperformance as referred to in Article 41a(1), their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. | Member States shall ensure that the, where material deficiencies are identified, their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. |
Or. en
Amendment 543
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the, where material deficiencies are identified, or where there is an underperformance as referred to in Article 41a(1), their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. | Member States shall ensure that the, where material deficiencies are identified, their competent authority shall require the IORP to draw up a plan for remedial action that sets out the measures, timelines and governance arrangements to address the identified material deficiencies or that underperformance. Such a plan shall consider structural measures to improve efficiency and sound management, including, where appropriate, possible consolidation, cooperation, asset pooling or resource-sharing arrangements. |
Or. en
Justification
Consequential deletion following the proposed deletion of Article 41a.
Amendment 544
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 4 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the IORP’s administrative, management or supervisory body adopts the plan referred to in the first subparagraph and submits that plan to the competent authority for review and approval. | deleted |
Or. en
Amendment 545
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 4 – subparagraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that the IORP reports periodically on the implementation of the plan referred to in the first subparagraph and on any progress achieved in implementing that plan when requested to do so by the competent authority. | deleted |
Or. en
Amendment 546
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2016/2341
Article 49a – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that the competent authority: | deleted |
| (a) documents the outcome of each regular supervisory dialogue; | |
| (b) may issue recommendations to the IORP concerned. | |
| The recommendations referred to in point (b) of the first subparagraph shall be without prejudice to the powers of the competent authority to adopt binding supervisory measures. |
Or. en
Amendment 547
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point a
Directive (EU) 2016/2341
Article 50 – paragraph -1
| Text proposed by the Commission | Amendment |
|---|---|
| ‘Member States shall require IORPs to submit to the competent authorities the quantitative and qualitative information which is necessary for the purposes of supervision, taking into account the objectives of supervision laid down in Article 45, the scope of supervision laid down in Article 46, and the general principles of supervision laid down in Article 47, in particular the principle of proportionality. | ‘Member States shall require IORPs to submit to the competent authorities the quantitative and qualitative information which is strictly necessary for the purposes of supervision, taking into account the objectives of supervision laid down in Article 45, the scope of supervision laid down in Article 46, and the general principles of supervision laid down in Article 47, in particular the principle of proportionality. |
Or. es
Amendment 548
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point a
Directive EU (2016/2341)
Article 50 – paragraph –1a – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) to obtain any information regarding contracts which are entered into with third parties; and | (b) to obtain information regarding contracts which are entered into with third parties which shall be limited to core activities carried out by the IORP ; and |
Or. en
Amendment 549
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point a
Directive (EU) 2016/2341
Article 50 – paragraph -1b and -1c
| Text proposed by the Commission | Amendment |
|---|---|
| For information requested specifically for the purposes of the regular supervisory dialogue referred to in Article 49(1b), Member States shall ensure that the frequency of regular reporting corresponds to the frequency applicable under that Article. | |
| In Member States with developed IORP markets, competent authorities shall determine the frequency and scope of such regular information requests in accordance with common practice, national law and a risk-based supervisory assessment. They shall avoid duplicative reporting and shall make use, wherever possible, of information already available to them. | |
| Competent authorities may require additional ad hoc information where this is necessary to investigate a specific and substantiated prudential risk or suspected infringement. |
Or. en
Justification
The differentiated frequency of supervisory dialogue should also be reflected in the associated information requests. Otherwise, mature markets would continue to face a de facto harmonised reporting cycle despite being allowed to determine the frequency of the dialogue itself.
Amendment 550
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point i
Directive (EU) 2016/2341
Article 50 – paragraph 1 – point d – point vii (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (vii) business plans referred to in Article 9;; | deleted |
Or. en
Amendment 551
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point ii
Directive (EU) 2016/2341
Article 50 – paragraph 1 – point g
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) the following point (g) is added: | deleted |
| (g) require IORPs to submit regularly quantitative templates specifying in greater detail and supplementing the information contained in the reports referred to in points (c) and (d), including information requested in accordance with Article 35 of Regulation (EU) No 1094/2010 necessary for the performance of duties entrusted to EIOPA under that Regulation and under this Directive’; |
Or. es
Amendment 552
Anouk Van Brug, Engin Eroglu
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point ii
Directive (EU) 2016/2341
Article 50 – paragraph 1 – point g
| Text proposed by the Commission | Amendment |
|---|---|
| (g) require IORPs to submit regularly quantitative templates specifying in greater detail and supplementing the information contained in the reports referred to in points (c) and (d), including information requested in accordance with Article 35 of Regulation (EU) No 1094/2010 necessary for the performance of duties entrusted to EIOPA under that Regulation and under this Directive; | (g) require IORPs to submit regularly quantitative templates specifying and supplementing the information contained in the reports referred to in points (c) and (d), including information requested in accordance with Article 35 of Regulation (EU) No 1094/2010 necessary for the performance of duties entrusted to EIOPA under that Regulation and under this Directive; |
Or. en
Amendment 553
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point ii
Directive (EU) 2016/2341
Article 50 – paragraph 1 – point g
| Text proposed by the Commission | Amendment |
|---|---|
| (g) require IORPs to submit regularly quantitative templates specifying in greater detail and supplementing the information contained in the reports referred to in points (c) and (d), including information requested in accordance with Article 35 of Regulation (EU) No 1094/2010 necessary for the performance of duties entrusted to EIOPA under that Regulation and under this Directive; | (g) require IORPs to submit regularly quantitative templates specifying in greater detail and supplementing the information contained in the reports referred to in points (c) and (d), including information on investment allocation by asset class, geography and sector, and information requested in accordance with Article 35 of Regulation (EU) No 1094/2010 necessary for the performance of duties entrusted to EIOPA under that Regulation and under this Directive; |
Or. en
Amendment 554
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that IORPs report on annual basis to the competent authorities information on investment returns, net of investment costs, and all costs and charges incurred in connection with their activities. | Member States shall ensure that IORPs report to the competent authorities information on investment returns, net of investment costs, and all costs and charges incurred in connection with their activities. |
Or. en
Amendment 555
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| ‘Member States shall ensure that IORPs report on annual basis to the competent authorities information on investment returns, net of investment costs, and all costs and charges incurred in connection with their activities. | Member States shall ensure that IORPs report to the competent authorities, where necessary and proportionate for the purposes of prudential supervision, information on investment returns, net of investment costs, and all costs and charges incurred in connection with their activities. |
Or. es
Amendment 556
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that IORPs report on annual basis to the competent authorities information on investment returns, net of investment costs, and all costs and charges incurred in connection with their activities. | Member States shall ensure that IORPs report on annual basis to the competent authorities information on investment returns, net of investment costs, and all costs and charges incurred in connection with their activities and how this impacts the current and projected value of benefits for members and beneficiaries. |
Or. en
Amendment 557
Adnan Dibrani, Niels Fuglsang, Thomas Bajada
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that competent authorities require IORPs to apply a look-through approach, ensuring that all costs and charges incurred at the level of investment funds, asset managers and transactions are included, and that the no-netting principle is applied. | Member States shall ensure that competent authorities may require, where necessary and proportionate, IORPs to apply a look-through approach, ensuring that all costs and charges incurred to the extent that such information is available to the IORP or can be obtained without disproportionate cost or burden, at the level of investment funds, asset managers and transactions are included, and that the no-netting principle is applied. |
Or. en
Amendment 558
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| In order to ensure uniform conditions of application of this Article, EIOPA shall develop draft implementing technical standards on the procedures, formats and templates, which shall, where applicable, distinguish between occupational and personal pensions. | deleted |
Or. es
Amendment 559
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| In order to ensure uniform conditions of application of this Article, EIOPA shall develop draft implementing technical standards on the procedures, formats and templates, which shall, where applicable, distinguish between occupational and personal pensions. | deleted |
Or. en
Justification
While we agree with the proposed annual report by IORPs on costs and investment returns, we do not support the introduction of EIOPA technical standards. Such standards would interfere with the well-established and well-functioning reporting practices developed over decades.
Amendment 560
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| In order to ensure uniform conditions of application of this Article, EIOPA shall develop draft implementing technical standards on the procedures, formats and templates, which shall, where applicable, distinguish between occupational and personal pensions. | deleted |
Or. en
Justification
Deleted in relation to the minimum-harmonisation nature of the IORP-directive.
Amendment 561
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| In order to ensure uniform conditions of application of this Article, EIOPA shall develop draft implementing technical standards on the procedures, formats and templates, which shall, where applicable, distinguish between occupational and personal pensions. | deleted |
Or. en
Justification
We do not support the introduction of EIOPA technical standards. Such standards would interfere with well-functioning reporting practices that have been developed in close cooperation with the sector.
Amendment 562
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters, Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| In order to ensure uniform conditions of application of this Article, EIOPA shall develop draft implementing technical standards on the procedures, formats and templates, which shall, where applicable, distinguish between occupational and personal pensions. | In order to ensure uniform conditions of application of this Article, EIOPA shall develop draft implementing technical standards on the procedures, formats and templates, which shall, where applicable, distinguish between occupational and personal pensions. Those draft implementing technical standards shall include, in a proportionate manner, the information necessary to enable competent authorities and EIOPA to carry out an aggregated Union-wide analysis of how IORPs invest, including by asset class, geographical exposure and sectoral exposure, while avoiding unnecessary duplication and do not impose disproportionate administrative burdens on IORPs. |
Or. en
Justification
Comparable data on IORPs’ investment allocation is needed to assess how retirement savings are invested across the Union, whether they support good outcomes for members and beneficiaries, and how they contribute to productive long-term investment. Such data can help identify improvements in investment practices. Reporting should be proportionate, channelled through competent authorities and used by EIOPA for aggregated analysis, without duplication or disclosure of sensitive portfolio data. It should not impose reporting beyond what is necessary for policy analysis.
Amendment 563
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Power is conferred to the Commission to adopt the implementing technical standards referred to in the fourth subparagraph in accordance with Article 15 of Regulation (EU) 1094/2010.’; | deleted |
Or. es
Amendment 564
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Power is conferred to the Commission to adopt the implementing technical standards referred to in the fourth subparagraph in accordance with Article 15 of Regulation (EU) 1094/2010.; | deleted |
Or. en
Amendment 565
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Power is conferred to the Commission to adopt the implementing technical standards referred to in the fourth subparagraph in accordance with Article 15 of Regulation (EU) 1094/2010.; | deleted |
Or. en
Amendment 566
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| Power is conferred to the Commission to adopt the implementing technical standards referred to in the fourth subparagraph in accordance with Article 15 of Regulation (EU) 1094/2010.; | deleted |
Or. en
Justification
While we agree with the proposed annual report by IORPs on costs and investment returns, we do not support the introduction of EIOPA technical standards. Such standards would interfere with the well-established and well-functioning reporting practices developed over decades.
Amendment 567
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 55 – point b – point iii
Directive (EU) 2016/2341
Article 50 – paragraph 5a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The procedures, formats and templates for the information referred to in this Article shall be determined by national competent authorities, taking into account the principle of proportionality, national supervisory practices, the characteristics of national pension systems and the need to prevent duplication with other national or Union reporting requirements. |
Or. es
Amendment 568
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 56
Directive (EU) 2016/2341
Article 50a – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the IORP, its auditors and the competent authorities have effective access to data related to the outsourced functions or activities, including the power to request information from IORPs and from service providers about outsourced key functions or any other activities at any time; | (b) the IORP, its auditors and the competent authorities have effective access to data related to the outsourced functions or activities, including the power to request information from IORPs and, where such information cannot be provided by the IORP, from service providers about outsourced key functions or any other activities at any time; |
Or. en
Amendment 569
Fernando Navarrete Rojas
Proposal for a directive
Article 1 – paragraph 1 – point 56
Directive (EU) 2016/2341
Article 50a – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the competent authorities have effective access to the business premises of the service provider and must be able to exercise those rights of access. | (c) the competent authorities have effective access to the business premises of the service provider where strictly necessary for the purposes of supervision and must be able to exercise those rights of access. |
Or. en
Amendment 570
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 56
Directive (EU) 2016/2341
Article 50a – paragraph 1 – subparagraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Points a and b of this paragraph shall only take place after consultation with the relevant IORP. |
Or. en
Amendment 571
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 56
Directive (EU) 2016/2341
Article 50a – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| In accordance with Article 21 of Regulation (EU) No 1094/2010, EIOPA shall be entitled to participate in on-site examination where they are carried out jointly by two or more supervisory authorities.; | deleted |
Or. en
Amendment 572
Isabel Benjumea Benjumea
Proposal for a directive
Article 1 – paragraph 1 – point 57 – point c
Directive (EU) 2016/2341
Article 51 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the following paragraph 4 is inserted: | deleted |
| ‘4. | |
| Member States shall ensure that competent authorities publish, on a single public website, clear, comparable and easily accessible information on the total annual costs, past performance and risk profile for all pension schemes operated by IORPs. | |
| For each pension scheme and, where applicable investment option, the published information shall include at least: | |
| (a) the classification of the scheme by risk profile; | |
| (b) total costs and charges reported to national competent authorities in accordance with Article 50(7), expressed as a single annual percentage of total contributions of the previous twelve months; and | |
| (c) past performance for completed financial years, including the most recent year. | |
| The information referred to in the second subparagraph, points (b) and (c), shall be provided for at least the previous 10 years or, in cases where the scheme has been provided for less than 10 years, covering all years for which the scheme has been provided. | |
| Competent authorities shall verify the accuracy and timeliness of the information, and ensure its publication without delays once such verification has been completed. |
Or. es
Amendment 573
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 57 – point c
Directive (EU) 2016/2341
Article 51 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that competent authorities publish, on a single public website, clear, comparable and easily accessible information on the total annual costs, past performance and risk profile for all pension schemes operated by IORPs. | Member States shall ensure that competent authorities publish, on a single public website, clear, comparable and easily accessible information on the total annual costs, past performance and risk profile for all pension schemes operated by IORPs, where members and beneficiaries bear investment risk. The presentation of that information shall take due account of guarantees, cover against biometric risk and the funding obligations of sponsoring undertakings, so as to avoid misleading comparisons between schemes of a different nature. |
Or. en
Justification
Public comparison of raw costs and returns is only meaningful where members bear investment risk and can act on the information. Applied indiscriminately to defined benefit and guaranteed schemes, it produces misleading rankings that ignore guarantees, biometric cover and sponsor funding obligations, and risks penalising precisely the schemes offering the strongest member protection.
Amendment 574
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 57 – point c
Directive (EU) 2016/2341
Article 51 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that competent authorities publish, on a single public website, clear, comparable and easily accessible information on the total annual costs, past performance and risk profile for all pension schemes operated by IORPs. | Member States shall ensure that competent authorities publish, on a single public website, clear, comparable and easily accessible information on the total annual costs, past performance and risk profile for all pension schemes operated by IORPs, while providing sufficient guidance and information for members and beneficiaries to properly understand the published information, avoiding misinterpretation. |
Or. en
Amendment 575
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 57 – point c
Directive (EU) 2016/2341
Article 51 – paragraph 4 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that competent authorities publish, on a single public website, clear, comparable and easily accessible information on the total annual costs, past performance and risk profile for all pension schemes operated by IORPs. | Member States shall ensure that competent authorities publish, on a single public website, clear, comparable and easily accessible information on the total annual costs, past performance and risk profile for all pension schemes operated by IORPs that operate in a competitive market and lack collective risk sharing. |
Or. en
Justification
Alternatively, this paragraph may be deleted.
Amendment 576
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 57 – point c
Directive (EU) 2016/2341
Article 51 – paragraph 4 – subparagraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) total costs and charges reported to national competent authorities in accordance with Article 50(7), expressed as a single annual percentage of total contributions of the previous twelve months; and | (b) total costs and charges reported to national competent authorities in accordance with Article 50(7), expressed as a single annual percentage of total assets under management; and |
Or. en
Amendment 577
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Proposal for a directive
Article 1 – paragraph 1 – point 57 – point c
Directive (EU) 2016/2341
Article 51 – paragraph 4 – subparagraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| Competent authorities shall verify the accuracy and timeliness of the information, and ensure its publication without delays once such verification has been completed. | Competent authorities shall verify the accuracy and timeliness of the information, and ensure its publication without delays once such verification has been completed. |
| Member States may provide that the requirements of this paragraph are fulfilled through existing national transparency frameworks or other competent bodies, provided that they ensure clear, comparable and easily accessible information and avoid unnecessary duplication. |
Or. en
Justification
In occupational pension systems where schemes are linked to employment, sectors or collective agreements, members may have limited possibilities to choose or switch schemes. Transparency requirements should therefore avoid creating misleading product comparisons and should take account of existing national frameworks that already provide relevant and accessible information.
Amendment 578
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 58
Directive (EU) 2016/2341
Article 55a
| Text proposed by the Commission | Amendment |
|---|---|
| (58) the following Article 55a is inserted: | deleted |
| ‘Article 55a | |
| Collaboration platforms | |
| 1. EIOPA may, in the case of justified concerns about negative effects on members and beneficiaries, on its own initiative or at the request of one or more of the relevant competent authorities, set up and coordinate a collaboration platform to strengthen the exchange of information and to enhance collaboration between the relevant competent authorities where an IORP carries out, or intends to carry out, cross-border activities, where such activities are of relevance with respect to the host Member State’s market. | |
| 2. Paragraph 1 shall be without prejudice to the right of the relevant competent authorities to set up a collaboration platform where they all agree to do so. | |
| 3. The setting up of a collaboration platform pursuant to paragraphs 1 and 2 is without prejudice to the supervisory mandate of the competent authorities of the home Member State and host Member State provided for in this Directive. | |
| 4. Without prejudice to Article 35 of Regulation (EU) No 1094/2010, at the request of EIOPA, the relevant competent authorities shall provide all necessary information in a timely manner. | |
| 5. Where two or more competent authorities of a collaboration platform disagree about the procedure or content of an action to be taken, or inaction, EIOPA may, at the request of any relevant competent authority or on its own initiative, assist the competent authorities in reaching an agreement in accordance with Article 19(1) of Regulation (EU) No 1094/2010. | |
| 6. In the event of disagreement within the platform and where there are serious concerns about negative effects on members and beneficiaries or about the content of an action or inaction to be taken in relation to an IORP, EIOPA may call for the competent authority of the home Member State to launch an on-site inspection of the IORP. The competent authority of the home Member State shall launch the on-site inspection without delay and shall invite EIOPA and other competent authorities concerned to participate in it.’;’ |
Or. en
Justification
The existing provisions already provide adequate legal bases for information exchange, NCA coordination, EIOPA mediation, and joint on-site inspections in respect of cross-border IORPs. Article 55a adds no operational capacity; it transfers institutional authority to EIOPA without demonstrated need.
Amendment 579
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 58
Directive (EU) 2016/2341
Article 55a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. EIOPA may, in the case of justified concerns about negative effects on members and beneficiaries, on its own initiative or at the request of one or more of the relevant competent authorities, set up and coordinate a collaboration platform to strengthen the exchange of information and to enhance collaboration between the relevant competent authorities where an IORP carries out, or intends to carry out, cross-border activities, where such activities are of relevance with respect to the host Member State’s market. | 1. EIOPA may, in the case of specific and substantiated prudential concerns or material cross-border risks, on its own initiative or at the request of one or more of the relevant competent authorities, set up and coordinate a collaboration platform to strengthen the exchange of information and to enhance collaboration between the relevant competent authorities where an IORP carries out, or intends to carry out, cross-border activities, where such activities are of relevance with respect to the host Member State’s market. |
Or. en
Amendment 580
Auke Zijlstra
Proposal for a directive
Article 1 – paragraph 1 – point 58 a (new)
Directive (EU) 2016/2341
Article 55a – paragraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Without prejudice to the supervisory responsibilities of the competent authorities of the home and host Member States, EIOPA shall exercise its own-initiative powers under this Article in a targeted and proportionate manner. | |
| EIOPA may exercise enhanced supervisory coordination and monitoring on its own initiative where: | |
| a) the IORP market of the Member State concerned is not developed or is not sufficiently developed, taking account of occupational pension coverage, assets under management, the number and diversity of IORPs and the maturity of the national supervisory framework; or | |
| b) EIOPA has, during the preceding five years, identified material deficiencies in the ability of the relevant national competent authority to supervise IORPs effectively and those deficiencies have not been adequately remedied. | |
| In Member States with developed IORP markets in which no such material supervisory deficiencies have been identified, EIOPA’s involvement shall be limited to coordination requested by the relevant national competent authorities, the facilitation of information exchange in genuinely cross-border cases and the exercise of powers expressly provided for in Regulation (EU) No 1094/2010. | |
| Nothing in this Article shall transfer direct supervision of individual IORPs from national competent authorities to EIOPA. |
Or. en
Justification
EIOPA’s resources and enhanced coordination powers should be focused on markets where occupational pensions and national supervision are still developing or where concrete supervisory deficiencies have previously been identified. Mature and effectively supervised markets should remain primarily under national supervision, in accordance with subsidiarity and proportionality.
Amendment 581
Auke Zijlstra, Mireia Borrás Pabón
Proposal for a directive
Article 1 – paragraph 1 – point 59
Directive (EU) 2016/2341
Article 59 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. EIOPA shall examine in a report, and inform the Commission about the rules published by Member States as referred to in this Article in the context of the proper functioning of this Directive and of the internal market before [PO = please insert 6 months after the application date of this directive].; | deleted |
Or. en
Justification
Social and labour law is a national competence, which therefore does not belong to the remit of EIOPA.
Amendment 582
Anouk Van Brug, Engin Eroglu, Stéphanie Yon-Courtin
Proposal for a directive
Article 1 – paragraph 1 – point 59
Directive (EU) 2016/2341
Article 59 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. EIOPA shall examine in a report, and inform the Commission about the rules published by Member States as referred to in this Article in the context of the proper functioning of this Directive and of the internal market before [PO = please insert 6 months after the application date of this directive].; | deleted |
Or. en
Justification
This appears to suggest that EIOPA would undertake assessments of national social and labour law. As social and labour law fall within national competence, we do not see the added value of an EIOPA report in this area.
Amendment 583
Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 59 a (new)
Directive (EU) 2016/2341
Article 60a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (59a) the following Article 60a is inserted: | |
| Article 60a | |
| Monitoring Committee | |
| A monitoring committee for European pension measures shall be set up at European level, with the participation of the Member States and social partners, such as industry, workers and civil society organisations, as well as the competent authorities, in order to: | |
| a) be able to monitor effectively and strictly the evolution of the measures implemented and the impact on the fundamental objectives: increase the income of retired people in Europe, | |
| b) coordinate the implementation and assess the impact of the implementation of the IORP Directive and the Recommendations on pension tracking systems, pension dashboards and auto-enrolment, | |
| c) and assess the impact of supplementary pensions against a set of social indicators established by the European Commission. | |
| Future regulatory changes or Commission proposals shall be based on the work of this Committee, which shall also report to the European Semester and the Council. The Committee shall be run by DG FISMA and DG EMPL. The European Economic and Social Committee shall also take part. |
Or. en
Amendment 584
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 60
Directive (EU) 2016/2341
Article 62 – paragraph 1 – point aa (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the extent to which this Directive contributes to the introduction and development of occupational and supplementary retirement provision within Member States, with a specific focus on Member States with underdeveloped supplementary pension systems, including an overview and assessment of the main obstacles preventing the introduction and further development of these systems; |
Or. en
Amendment 585
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 60
Directive (EU) 2016/2341
Article 62 – paragraph 1 a (new) and 1b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Where a Member State does not apply this Directive to institutions referred to in Article 4 which operate on a funded basis, it shall notify the Commission and EIOPA of the manner in which the protection of the members and beneficiaries of those institutions is otherwise ensured and adequately supervised, including how a level of protection equivalent to that pursued by this Directive is achieved. | |
| EIOPA shall publish a periodic overview of the information received under this paragraph. |
Or. en
Amendment 586
Damian Boeselager
Proposal for a directive
Article 1 – paragraph 1 – point 60
Directive (EU) 2016/2341
Article 62 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) the remaining tax-related and other obstacles to cross-border activities and to cross-border transfers |
Or. en
Amendment 587
Jonás Fernández, César Luena
Proposal for a directive
Article 1 – paragraph 1 – point 60
Directive (EU) 2016/2341
Article 62 – paragraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission shall assess the impact of an expansion of supplementary pensions systems on key social indicators defined by the Commission. Special attention will be given to the effects of the interaction between public, occupational and individual pension schemes. |
Or. en
Amendment 588
Dirk Gotink
Proposal for a directive
Article 1 – paragraph 1 – point 61
Directive (EU) 2016/2341
Article 64a
| Text proposed by the Commission | Amendment |
|---|---|
| (61) the following Article 64a is inserted: | deleted |
| ‘Article 64a | |
| Exercise of delegation | |
| 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. | |
| 2. The power to adopt delegated acts referred to in Articles 17(7) and 38(6) shall be conferred on the Commission for an indeterminate period of time from [PO = please insert date of entry into force]. | |
| 3. The delegation of powers referred to in Articles 17(7) and 38(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | |
| 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. | |
| 5. A delegated act adopted pursuant to Articles 17(7) and 38(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council..’ |
Or. en
Amendment 589
Markus Ferber, Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1 – point 61
Directive (EU) 2016/2341
Article 64a – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The delegation of powers referred to in Articles 17(7) and 38(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3. The delegation of powers referred to in Article 38(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Or. en
Justification
To be read in conjunction with the proposed deletion of Article 17(7).
Amendment 590
Martin Schirdewan
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2016/97
Article 2 – paragraph 1 – point 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) ‘personal pension product’ means a personal pension product as defined in point 1 of Article 2 of Regulation (EU) 2019/1238 of the European Parliament and of the Council*.’ | deleted |
Or. en
Amendment 591
Auke Zijlstra
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive (EU) 2016/97
Article 2 – paragraph 1 – point 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) ‘pension tracking system’ means a digital tool, typically a secure web portal or mobile application, that provides individuals with an overview of their individual accrued pension entitlements, and projections of future benefits, across the pension schemes of which the individual is a member or beneficiary. | (20) ‘pension tracking system’ means a national, sectoral or private digital tool that provides individuals with an overview of their individual accrued pension entitlements and projected benefits, across the pension schemes of which the individual is a member or beneficiary. |
Or. en
Amendment 592
Adnan Dibrani, Niels Fuglsang, Thomas Bajada, Lara Wolters
Compromise Amendment replacing Amendment(s): null
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive (EU) 2016/97
Article 22 – paragraphs 6a and 6b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. Member States shall ensure that prospective members, members and beneficiaries of occupational pension arrangements receive, as a minimum, the information set out in Articles 36 to 44 of Directive (EU) 2016/2341, where the provision of such arrangements falls within the responsibility of the insurance distributor. | |
| 6b. Where insurance distributors already comply with information requirements under Union law, including Directive 2009/138/EC, which ensure an equivalent level of information and protection, those requirements shall be deemed to fulfil the obligations set out in this paragraph. Member States shall ensure that information is not required to be provided in duplicate and may allow for the integration of information requirements into a single, coherent disclosure framework.’; |
Or. en
Justification
In several Member States, social partners play a central role in determining both the content and the delivery of information to members and beneficiaries. This role is already recognised in Article 20(2) of the IORP II Directive for pension schemes managed by IORPs. Where insurance distributors are made subject to IORP II information requirements, the IDD framework should likewise allow national arrangements involving social partners to be taken into account.
Amendment 593
Arba Kokalari
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive (EU) 2016/97
Article 22 – paragraph 6a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. Paragraph 6 shall apply without affecting the role or competences of social partners in relation to the provision of information to prospective members, members and beneficiaries, where the relevant national measures were in place before the entry into force of this Directive and provide an equivalent level of information and transparency. |
Or. en
Amendment 594
Arba Kokalari
Proposal for a directive
Article 2 – paragraph 1 – point 3
Directive (EU) 2016/97
Article 22a – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall ensure that competent authorities monitor and enforce compliance with this Article and take corrective measures where insurance undertakings or insurance intermediaries fail to provide complete, accurate or timely information. | 5. Member States shall ensure that competent authorities have appropriate oversight of the application of this Article. Such oversight may include facilitating compliance and, where necessary, engaging with IORPs with a view to addressing situations where information is not provided in a complete, accurate or timely manner.By way of derogation, |
| Member States may provide that the role of competent authorities under this Article does not apply, or applies in a modified manner, in respect of national pension tracking systems established prior to the entry into force of this Directive, provided that such systems ensure an equivalent level of information and transparency for members and beneficiaries. |
Or. en
Amendment 595
Arba Kokalari
Proposal for a directive
Article 2 – paragraph 1 – point 3
Directive (EU) 2016/97
Article 22a – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The format and structure of the information to be transmitted to pension tracking systems shall be consistent with Article 29.. | deleted |
Or. en