Dropping of civil liability from MIFID II
Dear European Parliament,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
Any, all documents/memos/emails etc relating to when, how and why the EU Parliament dropped civil liability (recital 101 & Article 9(8)(a)) from MiFID II having previously adopted these articles per document: A7-0306/2012 (found here: https://www.europarl.europa.eu/sides/get... )
The above recital and article are absent in the final legislation ( https://eur-lex.europa.eu/eli/dir/2014/6... ),
The requested information would include memos/notes/correspondence between the Commission/Council and Parliament, as well as internal discussion within the Parliament.
Yours faithfully,
Mr Steve Martin
Address: Cava de San Miguel 8, 4º centro. 28005 Madrid (Spain)
Dear Mr Martin,
The European Parliament hereby acknowledges receipt of your application
for public access to documents, registered on 12 August 2020, under the
reference A(2020) 8785. All applications for public access to documents
are treated in compliance with Regulation (EC) No 1049/2001 of 30 May 2001
regarding public access to European Parliament, Council and Commission
documents. In accordance with that Regulation, your application will be
handled within 15 working days from its registration.
Your personal data will be processed in accordance with Regulation (EU)
2018/1725 of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data.
The European Parliament reserves the right to ask for additional
information regarding your identity in order to verify compliance with
Regulation (EC) No 1049/2001 and the European Parliament’s implementing
measures.
Your attention is drawn to the fact that you have lodged your application
via the AsktheEU.org website, which is a private website not affiliated
with the European Parliament. Therefore, the European Parliament cannot be
held responsible for any technical issues or problems linked to the use of
that system.
In addition to that, please note that any personal data that you provide
by using AsktheEU.org website may be disclosed to the general public and
visible on that private website. The European Parliament cannot be held
responsible for such disclosure. Should you need to communicate directly
to Parliament any personal data and would like to avoid public disclosure,
you may do so from your private email address by using the following
functional mailbox address: AccesDocs[at]europarl.europa.eu .
Kind regards,
[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb
Dear Mr Martin,
In reply to your request from 11 August on the legislative procedure
2011/0298(COD) on Markets in financial instruments (MiFID II)
[1]https://oeil.secure.europarl.europa.eu/o...
, please find attached the relevant final 4-column tables covering Recital
101 and Article 9(8a). The relevant part of Article 9 (from the EP text)
was not retained in the agreed text (see note in the table).
As you may know the 4-column document includes all relevant remarks on the
agreed text throughout the trialogue meetings between the three
Institutions responsible for the legislative procedures.
Full information on the interinstitutional negotiations -known as
''trialogues' can be found in page 28 of Parliament's Handbook on the
Ordinary legislative procedure
[2]http://www.epgencms.europarl.europa.eu/c....
On this basis Parliament considers your request handled and the file
closed. Please do not hesitate to submit a new request should you identify
specific Parliament documents to which you would like to request public
access to.
Kind regards,
[3]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[4][email address]
[5]www.europarl.europa.eu/RegistreWeb
Dear European Parliament,
Many thanks for disclosing these two documents however on the critical question of the dropping of civil liability, the disclosed documents are silent.
Referring to in MiFID 4CT2A Arts 1 20 20140131 rev.pdf, Issue 384 lists as compromise:
"20131009 trilogue: agreed [...]"
It is the information contained in [...] that I seek.
But we now have a direct reference to the information - it is contained in the: 20131009 trilogue.
Kindly provide notes/minutes/records of the referred to 20131009 trilogue.
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/drop...
Yours faithfully,
Steve Martin
Dear Mr Martin,
The European Parliament hereby acknowledges receipt of your application
for public access to documents, registered on 26 August 2020, under the
reference A(2020) 9327.
All applications for public access to documents are treated in compliance
with Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access
to European Parliament, Council and Commission documents. In accordance
with that Regulation, your application will be handled within 15 working
days from its registration.
Your personal data will be processed in accordance with Regulation (EU)
2018/1725 of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data.
The European Parliament reserves the right to ask for additional
information regarding your identity in order to verify compliance with
Regulation (EC) No 1049/2001 and the European Parliament’s implementing
measures.
Your attention is drawn to the fact that you have lodged your application
via the AsktheEU.org website, which is a private website not affiliated
with the European Parliament. Therefore, the European Parliament cannot be
held responsible for any technical issues or problems linked to the use of
that system.
In addition to that, please note that any personal data that you provide
by using AsktheEU.org website may be disclosed to the general public and
visible on that private website. The European Parliament cannot be held
responsible for such disclosure. Should you need to communicate directly
to Parliament any personal data and would like to avoid public disclosure,
you may do so from your private email address by using the following
functional mailbox address: AccesDocs[at]europarl.europa.eu .
Kind regards,
[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb
Dear Mr Martin,
Parliament's time limit for responding to your request registered on 26
August 2016 expires today. Due to the necessary interinstitutional
consultations, the assessment of your request is being finalised at the
moment. Therefore, the time limit is extended, in accordance with Article
7(3) of Regulation 1049/2001 by a further 15 working days.
However, Parliament is likely to be in a position to respond before the
expiration of the new deadline.
We thank you for your understanding and apologise for any inconvenience.
Kind regards,
[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb
Dear Mr Martin,
In your previous request related to recital 101 & Article 9(8)(a)) from
MiFID II, Parliament provided you with the final trilogue tables (dated
2014). As far as the specific part of Article 9 is concerned (row 384),
what was shown in the final tables corresponds to the outcome of the
trilogue of 9 October 2013.
Please find attached two intermediate trilogue tables circulated to the
Negotiating Team ahead and after 9 October 2013, i.e. including the same
note in row 384.
On this basis Parliament considers your request handled and the file
closed. Please do not hesitate to submit a new request should you identify
specific Parliament documents to which you would like to request public
access to.
Kind regards,
[1]cid:image001.png@01D58B31.E2CF1C20 TRANSPARENCY UNIT
European Parliament
Directorate-General for the
Presidency
Directorate for Interinstitutional
Affairs and Legislative Coordination
[2][email address]
[3]www.europarl.europa.eu/RegistreWeb